CHOUDHARY ABDUL AQEEL 19B-025-PE SECTION: B

MID TERM ASSIGNMENT NO.2

NAME: CHOUDHARY ABDUL AQEEL

ROLL NO: 19B-025-PE
COURSE TITLE: PAKISTAN STUDIES
COURSE CODE: HS-122
COURSE INSTRUCTOR’S NAME: SIR AMIR KHAN
SECTION: B
BATCH: 19B
PROFF: IST YEAR
DEPT: BE ELECTRICAL ENGINEERING (POWER)
SUBMISSION DATE: JULY 13,2020.

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CHOUDHARY ABDUL AQEEL 19B-025-PE SECTION: B

Q. Compare and contrast between 1962 and 1973 constitutions of Pakistan.

ANS: THE CONSTITUTION OF 1962:

On October 7, 1958, the Army took the authority under the leadership of General Ayub Khan
and enforced Martial-Law in the country. After this Ayub Khan appointed a committee
consisted to seven members and gave it responsibility of forming the new constitution, thus
on 1st March 1962 the constitution was enforced.

SALIENT FEATURES OF THE CONSTITUTION OF 1962:

Salient features of the constitution of 1962 are following.
1) WRITTEN CONSTITUTION:
It was a written constitution exist 250 articles and four organize with thirty-one codes of
Martial-Law.
2) RIGID CONSTITUTION:
It was a rigid constitution only two third superiority of the National Assembly could make an
improvement in it.
3) FEDERAL SYSTEM:
The constitution furnishes for federal system with the law of parity between East Pakistan
and West Pakistan. Both the provinces would run their disconnected provincial governments.
4) UNI-CAMERAL LEGISLATURE:
The fundamental Legislature had one house known as the National Assembly. There were
156 representatives of the National Assembly. The similarity between the two wings was
manage in it.
5) PRESIDENTIAL FORM OF GOVERNMENT:
The constitution furnishes Presidential form of Government, as antagonistic to the
Parliamentary system below the 1956 Constitution. The President, who must be a Muslim not
less than 35 years of age and qualified for election as a representative of the National
Assembly was to be elected indirectly by an Electoral College in agreement with provisions
defined in the constitution itself.
6) ELECTION OF PRESIDENT:
The President was to be chosen by an Electoral College produce by not less than 80,000
Fundamental Democrats, evenly dispersed between the two provinces.
7) POWERS OF PRESIDENT:
The term of the President was 5 years to act as Head of State as well as Chief Executive
solely responsible for country’s administration. Governor and Minister were selected and
eliminated by him. He was acceptable to notify rule and veto against legislated law’s only
overridable by two-third of the National Assembly.

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8) ELECTIONS AND POWER OF LEGISLATURE:

The Constitution of 1962 furnish for elections of main and provisional legislature for a term
of 5 years. The members of the Assembly were elected by the ‘Basic Democrats’. The
National Assembly was particularly enabled to legislate for the central subjects.
9) ROLE OF JUDICIARY:
The Judiciary was answerable for the understanding of laws and executive orders in the light
of the principles represent in the constitution.
10) LANGUGAE:
Urdu and Bengali exist acknowledged as National languages.

ISLAMIC PROVISIONS IN THE CONSTITUTION OF 1962:

 It was said in this constitution that Almighty Allah would be the supreme authority in
every affair.
 At the time of enforcement of the constitution the name of Pakistan was suggested
Republic Pakistan which was changed as Islamic Republic of Pakistan on public
protest.
 According to this constitution the President should be a Muslim.
 Steps would be captured to enable the Muslims of Pakistan separately and mutually to
order their lives in conformity to the Holy Qur’an and Sunnah.
 It was made clear in the constitution that no law would be passes against the teachings
of the Holy Qur’an and Sunnah.
 Steps would be taken for the propagation Islamic teachings.
 The Government will take steps for the proper organization of Islamic Institution,
Zakat, Auqaf and Mosques.
 The practical efforts would be made for Islamic teachings.
The constitution of 1962 remained in force for about seven years when
suddenly in late 1968 and early 1969 a mass movement was started against the
Government of President Ayub Khan for the restoration of democracy in the country.
On account of discontentment and serious riots, the President Ayub Khan resigned
from his post and the Government was taken over by Commander-in-Chief of the
Army, General Yahya Khan. He abrogated the constitution of 1962 and imposed
Martial-Law in the country once again.

THE CONSISTUTION OF 1973:

The complete constitution for running the affairs of the Government was formed by a
committee consisted of twenty-five members on 17th April 1973 in the form of final
document is called the constitution of 1973. The bill of the proposed constitution for Islamic
Republic of Pakistan was presented in Assembly on 2 nd April 1973. This bill was accepted
with the collective opinion on 10th April 1973. The President Zulfiqar Ali Bhutto signed it on
11th April 1973 and thus it was enforced practically on august 14,1973. On the same day
Zulfiqar Ali Bhutto took oath as the prime minister and Choudhary Fazal Elahi as the
president. The constitution of 1973 consists 280 articles and it has been divided into twelve
parts and seven schedules.

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SALIENT FEATURES OF THE CONSTITUTION OF 1973:

1) WRITTEN COSTITUTION:
It is a written constitution. All reforms made in this constitution were written and complied in
a book.
2) RIGID CONSTITUTION:
It is a rigid constitution, the conditions for amendment is quite difficult which needs a
particular procedure.
3) OBJECTIVE RESOLUTION:
The foundation of this constitution was also laid on the objective resolution.
4) FEDERAL SYSTEM:
The Constitution provided for federal system. The Federal Legislature is to function like the
British Parliament and not to follow the American pattern of Federal system of Government.
5) BI-CAMERAL SYSTEM:
According to the 1973 Constitution, the federal legislature consists of two houses. The upper
house is called Senate and the lower house is known as the National Assembly.
6) THE PRIME MINSTER:
Under the Constitution of 1973, the Prime Minster is the Chief Executive of the Federation.
The Prime Minster would be chosen by the most of the National Assembly.
7) COUNCIL OF COMMON INTERESTS:
The Constitution of 1973 introduced a current institution known as the Council of Common
Interests exist of the Chief Ministers of the Provinces and a measure number of Ministers of
the Federal Government designated by the Prime Minster. The Council could formulate and
regulate the policy in Part II of the legislature List. In case of objection of intervention in
water supply by any province the Council would look into the objection.
8) NATIONAL FINANCE COMMISSION:
The main alteration in the Constitution of 1973 is the context up of a National Finance
Commission consisting of the Federal and provincial Finance Ministers and alternative
representative to advice on dispersion of profit between the federation and the provinces.
9) PRINCIPLES OF POLICY:
The Principles of Policy contain Islamic way of life, promotion of local government
institutions, full support of women in national life, care of minorities, promotion of social and
commercial wellbeing of the people, and strengthening the bonds with the Muslim world and
to work for international agreement.

10) FREE JUDICIARY:

Under the Constitution of 1973, the judiciary enjoys full supremacy over the other organs of
the State.

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CHOUDHARY ABDUL AQEEL 19B-025-PE SECTION: B

11) LANGUGAE:
Urdu is the national language according to the Constitution of 1973.

ISLAMIC PROVISIONS IN THE CONSTITUTION OF 1973:

 Sovereignty over the whole universe concern to Almighty Allah and the right of
supreme authority also belongs to him.
 The name of the state is Islamic Republic of Pakistan.
 According to the constitution the official religion of Pakistan in Islam.
 Steps shall be given to implement the Muslims of Pakistan to command their lives in
accordance with the basic principles of Islam.
 The teachings of the Holy Qur’an and Islamiat shall be compulsory. Steps shall be
captured for the announce of the Holy Qur’an without any mistake. Convenient
facilities will be provided to teach the Arabic Language.
 Proper organization shall be made for the system of Zakat, Auaf, and Mosques in
Pakistan.
 No law would be made against the teachings of Qur’an and Sunnah. All current laws
shall be delver in conformity with the injection the Holy Quran and Sunnah.
 Islamic Ideology Council shall be established which would give the idea about the
Islamic way of life.
 A person who has an implicit faith in the oneness of Allah and in the prophethood of
Hazrat Muhammad (P.B.U.H) as the last prophet of Allah will be considered a
Muslim.
 The state shall take steps for the unity with the Muslim countries in the world.

The constitution of 1973 is a comprehensive constitution which fulfils our national

objectives. It is totally related with the Ideology of Pakistan. In this constitution the
supreme authority of Almighty Allah has been accepted and it has been explained that
the steps shall be taken to enable the Muslims to order their lives according to the
teachings of Islam. Islam has been expressed as the official religion of the state. Islamic
ideological Council was setup according to this constitution to guide the Government in
connection with the Islamic principles.

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