Origins
Pakistan became an independent state in 1947. The first document that served as a constitution for Pakistan was the Government of India Act, 1935. The firstProvisions
Pakistan was named the Republic of Pakistan. The constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan. Both the provinces would run their separate provincial governments. The responsibilities and authority of the centre and the provinces were clearly listed in the constitution. The central legislature had one house known as the National Assembly. There were 157 members of the National Assembly. The equality between the two wings were maintained in it. The constitution provided for a presidential form of government, as opposed to the parliamentary form of government under the 1956 Constitution. The president, who had to be a Muslim not less than 35 years of age and qualified for election as a member of the National Assembly, was to be elected indirectly by an electoral college in accordance with the provisions outlined in the Constitution. The Electoral College formed by not less than 80,000 Basic Democrats, equally distributed between the two provinces. Under the Constitution of 1962, if the number of candidates for election to the office of President exceeded three, the Speaker of the National Assembly was to convene a joint session of the members of the National and Provincial Assemblies to select only three candidates for election, the remaining candidates then would not be eligible. This screening was not applicable to a person who was holding the office of the president, so if the sitting president was also a candidate the number of candidates would be four. The term of the president was five years to act as head of state as well as chief executive, solely responsible for country's administration. Governors and ministers were appointed and removed by him. He was eligible to promulgate ordinances andSalient features of 1962 Constitution
1. Federal System: Under the constitution of 1962 federal system was adopted. The powers of the central government were enumerated in the Federal List while all the residuary powers were given to the provinces so as to meet the demand of provincial autonomy. However, with in this federal structure, the central government was made domineering even at the cost of provincial autonomy. Besides in the administrative matters, centralism was clearly reflected. The provincial governors were the appointees of President and accountable to him: Hence the provincial executive was under the control of the center. This centralism bore more disastrous results in respect of provincial autonomy. Consequently, the federal structure practically seemed unitary due to which the demand of provincial autonomy became more popular and widespread which threatened our solidarity in the later stage. 2. A Written and Detailed Document: The 1962 constitution was written in nature and character. It consisted of 250 Articles and 3 Schedules. Thus it was comparatively detailed document. Keeping in view the lack of democratic values and established norms it was thought expedient to give a detailed code of constitutional law as could regulate the conduct of different political institutions. 3. Islamic Provisions: Like previous constitution of 1956 the Objective Resolution was included in the Preamble of the constitution. The teachings of Quran and Islamiyat were to be made compulsory. The President was to be Muslim. Pakistan was declared an Islamic republic through first amendment. No un-Islamic law would be enacted and all the existing laws would be Islamized etc. 4. Position of the President: Under the Constitution of 1962 US-type presidential system was enforced to overcome political instability and establish a firm socio-economic and political order. All the executive authority was vested in the President who was unanimously responsible for the business of the central government. All the ministers were appointed by him and they were accountable to him alone. They could participate in the deliberations of the legislature but they were not responsible to it. Along with the provincial governors all the top ranking officials were appointed by him. The president also enjoyed certain legislative, military and judicial powers. The provincial set up also followed the central structure. In short, it was the President who was all in all. 5. Unicameral Legislature: The 1962 Constitution like the previous constitution provided for unicameral legislature called National Assembly. Its total strength was 156 (later 218 and then 313, who were elected by the electoral college of Basic Democrats. Besides, certain seats were also reserved for women. Its term was 5 years, which was fixed. The members were elected on the basis of parity of representation between East and West wing. The proceedings of the Assembly might not be challenged in any court of law. Unlike the previous practices the members of the cabinet were not the members of the legislature. The ministers could attend its meetings but like US system neither the president nor his cabinet colleagues were responsible to it. 6. Indirect Election: It was a new innovation in the 1962 Constitution. It was a general impression that one of the causes of the failure of the constitutional machinery was the direct and adult suffrage and without proper and necessary political education and training. Hence this constitution provided indirect method of election for President and for the legislative assemblies was envisaged. Accordingly, the primary voters would elect the Basic Democrats who had then to elect the representatives to higher positions. 7. Independence of Judiciary: Proper safeguards were introduced in the 1962 Constitution to ensure the independence of judiciary. Judges of the superior courts were appointed by the President and were ensured security of service. They could be removed on the inquiry report submitted by the Supreme Judicial Council on the ground of misbehavior or physical or mental inability to perform their duties. By induction of first amendment the judiciary had full, power to pass judgment over the views of the legislature. Moreover, the court also enjoyed the power of judicial review of executive actions. 8. Fundamental Rights add Principles of Policy: In the original constitution there was no list of fundamental rights. It was due to the first amendment in the constitution in 1963 that these were included and made its part, prior to that these were laid down in the directive principles of policy. The list of fundamental rights contained almost all the rights secured to its citizens by a modern state. The Principles of Policy were also incorporated in the constitution. Most of the Islamic provisions were made the part thereof. These principles of policy dealt with such matters as Islamic way of life, national integration and solidarity, social welfare, protection of the rights of minorities, development of backward areas etc. 9. Provincial Governments: Each province had a provincial assembly, which was organized on the lines of National Assembly. The relationship of the provincial governors with their assemblies was the same like that of President with National Assembly. The assemblies of the East and West Pakistan used to meet at Dacca and Lahore respectively. Each had 155 members, at least of who were women. The governors appointed by the President, had a Council of Ministers in the same manner, as the President, who belonged to their respective province. Although the 1962 constitution of Pakistan had transferred several responsibilities to the provincial governments but in actual practice the central government or its representatives used to exercise these powers.Islamic provisions
* The preamble of the Constitution of 1962 was based on the Objectives Resolution. * The Constitution laid down simply that the state of Pakistan shall be an Islamic republic under the name of Islamic Republic of Pakistan. * According to the principles of policy, steps were to be taken to enable the Muslims of Pakistan individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam, and should be provided with facilities whereby they may be enabled to understand the meaning of life according to those principles and concepts. * No law shall be enacted which is repugnant to the teachings and requirements of Islam as set out in the Qur'an and Sunnah and all existing laws shall be brought in conformity with the Qur'an and Sunnah. * Only a Muslim could be qualified for the election as president. * Teaching of the Quran and Islamiyah to the Muslims of Pakistan was made compulsory. * Proper organization ofDemise
The second martial law was imposed on 25 March 1969 by General Agha Mohammad Yahya Khan, after General Ayub Khan handed over power to the army commander-in-chief, and not the speaker of National Assembly as laid down by the constitution. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan on 1 July 1970 and ordered general elections on the principle of one man one vote. The first ever general elections were held in December 1970, however, the government was not transferred to the Awami League Elections. This resulted in destruction of national unity (chiefly by military rulers) and eventual the separation of East Pakistan was fought.Chronology of the Constitution
1959 The Basic Democracy (BD) was introduced through the Basic Democracy Order 1960 February 17 General Ayub Khan appointed a Constitution of the commission under the supervision of Shahab u Din 1961 May 6 ( some claim April 29) Constitutional Commission submitted its report to the President 1962 June 8 Ayub Khan enforced the constitution. 1969 March 25 constitution of 1962 was abrogated by General Yahya Khan.Choudhury, G. W. (1969). Constitutional development in Pakistan (Vol. 40). London: Longman.See also
*References
{{Authority control 1962 in law Pakistani philosophical literature 1962 documents