“PAKISTAN STUDIES”

“PRESENTATION REPORT (ASSIGNMENT #1)”

TOPIC OF REPORT: CONSTITUTION OF 1962

COURSE CODE: PKS-101
SUBMITTED TO: MAM NAZIA SHAFIQUE
SUBMITTED BY: GROUP NO.07

NAME ROLL NO.

MAEDA QAISAR 19011556-078

ALISHBA SHAHBAZ 19011556-043

FAIZA 19011556-176

TOUSEEQ ZULFIQAR 19011556-055

MUHAMMAD SAQLAIN 19011556-062

CLASS AND SECTION: BS-IT 19TH BATCH (B)

DEPARTMENT: INFORMATION TECHNOLOGY
Serial Page
Table of Contents
No. No.

1 Constitution 3

2 Types of Constitution 4

3 Importance of Constitution 5

4 Constitution of Pakistan (Historical Background) 5

5 Constitution of 1962 7

a. Origin 7

b. Provisions 8

c. Salient Features of 1962 Constitution 10

d. Islamic provisions 12

6 The National Assembly under 1962 Constitution 13

7 Demise 14

8 Causes for Failure of 1962 Constitution 15

 CONSTITUTION

A constitution is an aggregate of
fundamental principles or established precedents that
constitute the legal basis of a polity, organisation or
other type of entity and commonly determine how
that entity is to be governed.

It specifies how the government will be constituted,

who will have the power to take which decisions. It
lays down limits on the powers of the government and
tells us what the rights of citizens are.

TYPES OF CONSTITUTION

A Constitution can be classified into two types

1. On the basis of its physical form, a constitution can be classified into written
and unwritten.
2. Based on the amendment procedure (procedure for making changes to the
Constitution), a Constitution can be classified into rigid and flexible.
WRITTEN AND UNWRITTEN CONSTITUTION:
Written constitution is a type of document or documents created in the form of
laws. Written constitutions are usually very precise and systematic. The creation of
this constitution is usually defined as a deliberate effort of the people. This legal
body is elected to be the main legal document for the specific period of history.
Most countries have a written constitution, like the USA, India, Russia, France,
Germany, Nigeria, and so on.

Unwritten constitution is a legal body where the principles have never been
enacted as laws. It consists of various customs, principles, or traditions of a
country. It does not have a specific date of creation and is not clear or precise in
any way. Unwritten constitutions are usually a result of the historical development
of a country. One of the classical examples is the English Constitution.

RIGID AND FLEXIBLE CONSTITUTION:

A constitution that is difficult or slow to change usually because of a prescribed
process of amendment that is detailed and lengthy in execution is called rigid
constitution.

A constitution that may be amended by the ordinary process of legislation and is

therefore relatively easy to amend is called flexible constitution.

IMPORTANCE OF CONSTITUTION
A country is run by the government, judicial bodies, its people, and most
importantly by the Constitution. The constitution serves as the backbone of the
country. The constitution contains the most important rules of our political system.
It protects the rights of the people inside the country, and it explains their
obligations. Without it, the Law and Jurisdiction will not hold up and fall apart in
no time, but they are meant to stand strong. The constitution is the embodiment of
fundamental regulations and principles according to which the country, state, and
its people are supposed to work.

CONSTITUTION OF PAKISTAN

(HISTORICAL BACKGROUND)

In a radio talk addressed to the people of Pakistan, broadcast in February 1948,

Jinnah expressed his views regarding Pakistan's constitution-to-be in the following
way:

“The Constitution of Pakistan is yet to be framed by the Pakistan Constituent

Assembly, I do not know what the ultimate shape of the constitution is going
to be, but I am sure that it will be of a democratic type, embodying the
essential principles of Islam. Today these are as applicable in actual life as
these were 1300 years ago. Islam and its idealism have taught us democracy. It
has taught equality of man, justice and fair play to everybody. We are the
inheritors of these glorious traditions and are fully alive to our responsibilities
and obligations as framers of the future constitution of Pakistan.”

Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom)

within the British Commonwealth. The same was true in independent India. During
its first few years of existence the British monarch was also Pakistan's head of state,
as is still the case in Canada, Australia etc. Before writing a constitution,
a Constituent Assembly passed the Objectives Resolution, on the insistence of
the Ulama and Jamaat-e-Islami, in March 1949 to define the basic directive
principles of the new state and to declare state recognition of the sovereignty of
Allah over the universe. The Objectives Resolution affirmed the role of democracy
and contained religious provisions to enable society to adhere to the teachings of
the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as
a preamble into each of Pakistan's subsequent constitutions.

The country became a republic when its first constitution was approved in 1956 but
this was abrogated in 1958 after a military Coup d'état. Pakistan's second
constitution was approved in 1962. It granted executive power to the president and
abolished the office of the prime minister. It also institutionalised the intervention
of military in politics by providing that for twenty years, the president or the
defence minister must be a person who had held a rank not lower than that of
lieutenant-general in the army. The 1962 constitution was suspended in 1969 and
abrogated in 1972.

The 1973 constitution was the first in Pakistan to be framed by elected

representatives. Unlike the 1962 constitution it gave Pakistan a parliamentary
democracy with executive power concentrated in the office of the prime minister,
and the formal head of state—the president—limited to acting on the advice of the
prime minister.
The Constitution states that all laws are to conform with the injunctions
of Islam as laid down in the Quran and Sunnah. The 1973 Constitution also
created certain institutions such as the Shariat Court and the Council of Islamic
Ideology to channel the interpretation and application of Islam.

After another coup d'état in 1977, the constitution was held in abeyance until it was
"restored" in 1985 but with an amendment (the Eighth) shifting power from the
parliament and Prime Minister to the president. Another Amendment
(Seventeenth) in 2004 continued this shift, but in 2010, the Eighteenth
amendment reduced presidential powers, returning the government to
a parliamentary republic.

“CONSTITUTION OF 1962”

ORIGIN:
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
first Pakistani Constituent Assembly was elected in 1947 and after nine years
adopted the first indigenous constitution, the short-lived Constitution of 1956. In
October 1958, President Iskandar Mirza abrogated the constitution. Shortly
afterwards General Ayub Khan deposed Iskandar and declared himself president.

On 17 February 1960 Ayub Khan appointed a commission to report on the future

political framework for the country. The commission was headed by the
former Chief Justice of Pakistan, Muhammad Shahabuddin, and had ten other
members, five each from East Pakistan and West Pakistan, composed of retired
judges, lawyers, industrialists and landlords. The report of the Constitution
Commission was presented to President Ayub on 6 May 1961 (according to some
writers report was presented on 29 April 1961) and thoroughly examined by the
president and his Cabinet. In January 1962, the Cabinet finally approved the text of
the new constitution. It was promulgated by President Ayub on 1 March 1962 and
finally came into effect on 8 June 1962. The Constitution contained 250 articles
divided into twelve parts and three schedules. With the enforcement of this
Constitution after 44 months, martial law came to end.

PROVISIONS:
Pakistan was named as 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
and veto against legislated laws only overridable by two-thirds of the National
Assembly. However, the president was not empowered to dissolve the Assembly
except at the cost of his office also. On a charge of violating the Constitution or
gross misconduct, the president might be impeached by the National Assembly for
which one-third of the total members of the National Assembly must give written
notice to the speaker for the removal of the president. The president was to be
removed from office if the resolution for impeachment was passed by votes of not
less than three-fourths of the total members of the Assembly. A significant feature
of the impeachment procedure was that if the resolution for removal of the
president failed to obtain one-half of the total number of members of the National
Assembly, the movers of the resolution would cease to be members of the
Assembly.

There was no restriction of religion for a person holding the office of the speaker
of the National Assembly. Also, if the president resigned from his office or vote of
no-confidence passes against him, according to the Constitution, the speaker
would act as the president of the state till the election of new president. Under
these special circumstances, a non-Muslim might get the chance to be an acting
president of Pakistan.
SALIENT FEATURES OF 1962 CONSTITUTION:
1) Written constitution The Constitution
of 1962 was a written document. It
consisted of three schedules and 250
articles.

2) Rigid constitution A rigid constitution

can only be amended through a particular
process. If an amendment to the
constitution is passed by at least two-thirds
majority of the parliament then it becomes a part of law after authentication by the
president.

3) Federal system A federal system was introduced in the country. It consisted of

a central government and two provincial government comprising East and West
Pakistan.

4) Presidential form of government the president was the head executive of the
nation. He was empowered to nominate the ministers of his cabinet.

5) Unicameral legislature The Constitution of 1962 provided for a unicameral

legislature. The National Assembly was to consist of 156 members, including six
women. The Eighth Amendment later increased this number to 218. Principle of
parity was retained, and seats were distributed equally between the two wings of
the country. Principle of Basic Democracy was introduced for the first time in the
country and the system of indirect elections was presented. Only 80,000 Basic
Democrats were given the right to vote in the presidential elections. The Eighth
Amendment later increased this number to 120,000.
6) Indirect method of election The president was elected by an Electoral College
comprising 80,000 Basic Democrats, equally distributed between the two
provinces.

7) Provincial governments There were two provincial governments. Each of them

was headed by a governor. He enjoyed powers in the province which the president
enjoyed in the center. The governor was empowered to appoint provincial
ministers with the sanction of the president of Pakistan.

8) Provincial legislature Each province was provided with a legislature. It

originally consisted of 150 members. However, later this number was increased to
218.

9) Powers of president According to the 1962 Constitution the president should

be a Muslim with the term of 5 years. He was eligible to promulgate ordinances
and veto against legislated laws only override-able by two-thirds of the National
Assembly. However, the president was not empowered to dissolve the Assembly
except the cost of his office also.

10) Restrictions to the president The president was not allowed to hold any office
of profit in the service of Pakistan but was not prevented from holding a managing
private property.

11) Islamic law No law would be passed against the teaching of Quran and
Sunnah and the existing laws would be made Islamic in character.

12) Fundamental rights The Constitution of 1962 laid down fundamental rights
of speech and expression, freedom to choose profession and freedom to profess
religion. With regards to civil rights, familiar rights such as the rights of life, livery
and property were granted.
13) Role of Judiciary The Judiciary was responsible for the interpretation of laws
and executive orders in the light of the principles embodied in a written
constitution. A Supreme Judicial Council consisting of two judges of supreme
court chief justice of supreme court and two judges of high courts was to be
established.

14) Languages Urdu and Bengali were recognized as National Languages.

ISLAMIC PROVISIONS:
 The essence of God Almighty has been declared to be entitled to sovereignty.
The source of authority is the essence of God Almighty and we as the
vicegerent of God Almighty will use these powers as the sacred trust of God
Almighty.

 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 Islamiyat to the Muslims of Pakistan was made
compulsory.
 Proper organisation of Zakat, waqf, and mosques was ensured.
 Practical steps were to be taken to eradicate what were seen as social evils
by Islam, such as the use of alcohol, gambling, etc.
 A novel Islamic provision in the 1962 Constitution had introduced an
Advisory Council of Islamic Ideology to be appointed by the president. The
functions of the council was to make recommendations to the government as
to means which would enable and encourage the Muslims of Pakistan to
order their lives in accordance with the principles and concepts of Islam and
to examine all laws in force with a view to bring them into conformity with
the teachings and requirements of Islam as set out in the Qur'an and Sunnah.
 There shall be an organisation to be known as Islamic Research Institute,
which shall be established by the president. The function of the institute was
to undertake Islamic research and Instruction in Islam for the purpose of
assisting in the reconstruction of Muslim society on a truly Islamic basis.
 The state should endeavour to strengthen the bonds of unity among Muslim
countries.

THE NATIONAL ASSEMBLY UNDER 1962 CONSTITUTION:

The National Assembly of Pakistan under the constitution of 1962, which

functioned until the promulgation of martial law on March 25, 1969, proved an
ineffective body because of its inadequate techniques of persuasion, its insufficient
financial powers, and its dominance by the government party. Many of its
members from the West Pakistan were the young scions of upper class families the
principal supporters of the Ayub regime—while members from East Pakistan
tended to be middle class professionals, particularly lawyers, who were
increasingly frustrated by the handicaps under which they had to work within the
Assembly. Even so, the National Assembly was the only truly national forum in
which the views and grievances of Pakistan’s various regions and interests could
be expressed. Although the executive was not responsible to the legislature, it was
responsive to pressures exerted by it. It is the purpose of this article to explore the
role of the National Assembly of Pakistan under the 1962 constitution, to examine
the composition of its membership, and to assess how far it was effective in
exercising control over the executive.

The constitution of 1962 vested the executive authority of the Republic of Pakistan
in the president. The president appointed the ministers, who held office during his
pleasure. The position of members of the presidential cabinet in Pakistan may be
compared with that of the members of the former viceroy’s executive council, who
were not responsible to the central legislature in British India but could take part in
its proceedings. The provision that ministers could take part in the proceedings of
the House, although they were not allowed to vote in any division, facilitated
contact between the members of the National Assembly and the ministers who
represented.

DEMISE:

The second martial law was imposed on 26 March 1969, when President Ayub
Khan abrogated the Constitution of 1962 and handed over power to the army
commander-in-chief, General Agha Mohammad Yahya Khan. On assuming the
presidency, General Yahya Khan acceded to popular demands by abolishing the
one-unit system in West Pakistan and ordered general elections on the principle of
one man one vote. This resulted in destruction of national unity (chiefly by
politicians) and eventual the separation of East Pakistan.

CAUSES FOR FAILURE OF 1962 CONSTITUTION

 Unpopular Constitution
First cause for failure of constitution of 1962 was that it was unpopular
among the masses. It did not reflect the true spirits of people. In fact, it was
one man show. Zulfiqar Bhutto called it, “Dictatorship under the label of
democracy.”

 Free from Fundamental Rights

Fundamental rights were added in this constitution after first amendment.
But it seemed that it was mere an eye wash. People did not enjoy their
fundamental rights. Hence the constitution failed.

 Unicameral System
Just like the constitution of 1956, system of one house was also a cause for
failure of constitution of 1962.

 Curtailment of Provincial Autonomy

West-Pakistan was made after four provinces were merged into one unit.
Due to this step autonomy of four provinces was curtailed. This also became
a cause for failure of this constitution.
 Weak Checks and Balances
Checks and balances in this constitution were not suitable. Due to which
constitution did not possess much power.

 Promotion of Secularism
Ayub Khan was secular in his approach. He promoted some anti-Islamic
activities but people desired for an Islamic constitution. Word “Islamic” was
removed from the name of country in this constitution and it was added after
first amendment.

 Desire for Parliamentary Government

Constitution of 1962 introduced presidential form of government and people
did not like presidential government as they had faced it for ten years. They
desired for parliamentary form of government. This also made constitution
unpopular.

 Restrictions over the Political Parties

Ayub imposed many restrictions over the political parties. They were not
allowed to express their views and promote their agenda. Thus, they were
also against this government and its policies.

 Economic Factor
War of 1965 damaged the economy of country and all achievements were
nullified by it. Economic factor made government and constitution weak.
Mujib-u-Rehman said, “He (Ayub) misread the sentiments of Kashmiris and
launched an ill thought, half backed and misadvised adventure, for liberation
of Kashmiris that backfired.”
 Demand for Four-Provinces
The constitution merged four provinces into one unit but people of West
Pakistan did not agree with this act. They started demand for four provinces
in West Pakistan.

 Extra-Ordinary Powers of President

Constitution of 1962 gave extra-ordinary powers to president. President was
just like the clock tower of Faisalabad where all bazaars converged at one
point. It was also a drawback of this constitution.

 One Party Rule

Convention Muslim League was party of Ayub Khan. It was in rule without
specific opposition in assembly. The ruling party used to mold the
constitution as they wanted.

 Misuse of Power
Ayub Khan had absolute power. And Lord Acton said, “Power tends to
corrupt and absolute power corrupts absolutely.”
President misused his powers in the name of constitution.

 Concentration of Wealth
There was rule of 22 families in the country. Concentration of wealth
widened the gulf between rich and the poor.

 General Strikes
Strikes by students, public and political parties destabilized the political
situation in country which also became a cause for failure of this constitution.