“CONSTITITION OF 1956 AND 1962”

NAME: IQRA ASHFAQ

ROLL NO: 09

SEMESTER 3rd

SUBJECT PAKISTAN STUDIES

COURSE CODE PKS-100

DEPARTMENT SOCIOLOGY

SUBMITTED TO MAM ERUM HANIF

GOVERNMENT COLLEGE FOR WOMEN

UNIVERSITY SIALKOT

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 CONSTITUTION OF 1956 AND 1962
WHAT IS CONSTITUTION?
Constitution is a set of laws /principles may be written and unwritten on which a
country is acknowledged to be governed.
OR
Constitution is a system of a fundamental laws and principles that prescribes the
nature, functions and limits of a government or another institution.

CONSTITUTION IN PAKISTAN:
In Muslim states, particularly Pakistan, laws are not derived from the constitution
but constitution is framed according to:
 Almighty Allah
 Prophet Muhammad (SAW)
 Holy Quran

FORMS OF CONSTITUTION:
 Written
 Unwritten
 Partly written

CONSTITUTIONAL HISTORY OF PAKISTAN:

Minto-Morley Reforms 1909

Montagu-Chelmsford Reforms 1919

Rowlatt act 1919

The Government of India Act 1935

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THE CONSTITUTION OF 1956
The first constitution of the country was enforced on 23rd March
1956.The summary is given below:
 President
The President was the Chief Executive and a titular Head of the state. He
was to be elected by members of National Assembly and Provincial
Assemblies with majority vote. He should be a Muslim and 40 years of
age. He was to be elected for five years His most important function was
to appoint the Prime Minister. He was to appoint Provincial Governors,
Judges of the Supreme Court, Auditor - General Advocate General. He
could summon, prorogue and dissolve the National Assembly. The
President had veto power to reject or withhold his assent to the Bills. He
had power to grant pardon, reprieves or reduction of punishment.
 Prime Minister:
The Prime Minister was the Head of the majority party in the federal
parliament. He was the leader of the House and the Head of the cabinet.
The Cabinet ministers served during his pleasure. He could be removed
by the President. The cabinet was collectively responsible to the National
Assembly.
 National Assembly:
The National Assembly was composed of the President and the NA. It
consisted of 300 members equally divided among the two wings of the
country. Ten seats, five each for East and West Pakistan were reserved for
Women. The National Assembly had complete control over finances.
Governor
He was appointed by the President and could serve only during his
pleasure. Like the President in the centre, the Governor was entrusted
with the responsibility of appointing the Chief Minister who in his
opinion, commanded the support of the majority in the Provincial
Assembly,
 Provincial Assembly
The provincial Assembly consisted of the Provincial Legislature and the
Governor. Each Assembly had 80 members. Ten seats were reserved for
woman.

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  Judicial Structure
Supreme Court: The Supreme Court was headed by a Chief Justice who
was appointed by the President. The Supreme Court had original as well
as Appellate Jurisdiction.
High Court: Each Province had a High Court which consisted of a Chief
Justice and a few other Judges. They were appointed by the President in
consultation with the ministers and numbers of various administrative
commissions. All civil appointment Efforts for the Establishment of
Islamic System in Pakistan 173 Chief Justice
 Islamic Provisions of the 1956 Constitution

1. The name of the country will be

Islamic Republic of Pakistan.
2. The preamble of the constitution
embodied the sovereignty of
God Almighty.
3. The Head of the State shall be a
Muslim.
4. Islamic Advisory Council shall
be set up
5. No Law detrimental to Islam
shall be enacted.

The political conditions of the country could not be improved even after
the first constitution was enforced. The political instability remained
rampant. The elections could not be held till 1958. The constitution
invited criticism from certain quarters.
The constitution of 1956 was not a perfect document. The principle of
parity caused great deal of resentment in East Pakistan who believed that
its numerical strength had been debilitated by the parity proposal,
politicians changed loyalties overnight Political instability greatly
hampered with the developmental activities. The country miserably
lacked in popular leadership of high calibre. Martial Law was declared in
the Country on 8th October, 1958. General Ayub, C - In - C of the Army,

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took over the government and became the Head of the State on 27th
October, 1958. After taking over, President Ayub Khan set up a
constitutional commission under Justice Shahab -ud- Din to suggest
recommendation for the new constitution of the country. The commission
after thorough and lengthy discussion submitted its report on 6th May
1961 The report was examined by President. In its report the commission
highlighted the reasons of the failure of parliamentary democracy in
Pakistan. It fixed the responsibility for the debacle of democracy on the
lack of dedicated leadership, absence of well-organized political parties
and the self-aggrandizement of the greedy politicians. In view of the
recommendation of the commission a new constitution was framed by a
constitutional body which was neither elected nor did it enjoy popular
support. The constitution was thrust upon the people in an undemocratic
and authoritarian manner.
CONSTITUTION OF 1962

 President
The Executive Head of the country was called The President A Muslim
citizen of Pakistan of 35 years of Age was eligible to become the
President by contesting elections. President could not become a member
of the legislature. He was elected indirectly by 80,000 (enhanced to
120,000) BD members, elected directly by the people The President could
be removed only by the National Assembly by impeachment.
The President was all powerful in the appointments and dismissal of
Governors ministers and numbers of various administrative commissions.
All civil appointments were in his name. The President had massive veto
powers and could easily reject the Bills passed by the legislature. He
could issue Ordinances. He could summon, prorogue and dissolve the
National Assembly. He could declare emergency in the Country
 National Assembly
The central legislature consisted of the President and the National
Assembly. The NA was composed of 156 members. Six seats were
reserved for women. The seats were equally distributed between the two
Wings. The number of the members of NA was increased from 156 to 218
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by a constitutional amendment. The NA was to consist of 200 members
and ten intellectuals nominated by the government eight seats were
reserved for women
 The Governor
The Governor, the Provincial Chief, was appointed by the President. He
served during President's pleasure and could be removed any time by a
presidential Order the 1962 constitution introduced Presidential system in
the Country. The President was all powerful and had acquired dictatorial
powers. The NA had very little powers. The ministers were appointed and
dismissed by the President, who could also dissolve the Assembly.
The Islamic provisions of the Constitution (1956)
Islamic provisions of constitution of 1956 are as under:
1. Country’s name
In the constitution of 1956, the name of country was declared an Islamic Republic
of Pakistan.
2. Sovereignty of Allah
In the constitution of 1956, Objective Resolution was included in the preamble of
the Constitution, and Sovereignty over the whole world belongs to Allah Almighty.
3. Islamic ways of living
It is mentioned is the constitution of 1956, that Islamic ways of livings will be
introduced in the country. Full opportunities will be given to Muslim to spend their
live according to Islam.
4. Muslim President
According to the Constitution of 1956, the president of the country will be a
Muslim.
5. Protection of Islamic Values
System of Islamic values will be implemented in the country. In-Islamic values
will be banned in Pakistan
6. Islamic laws
No law will be enforced, which is repugnant to the teachings of Quran and Sunnah
and the existing laws will be brought into conformity with Islam.
7. System of Zakat and Aquaf
System of Zakat and Aquaf will be introduced in Pakistan.
8. Organization of Islamic Research

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According to the Constitution of 1956, it was declared organization of Islamic
Research will be established, which will do research for the legislation and
enforcement of Islamic principles.
9. Protection to Minorities
Rights of Minorities will be protected in the country. They can spend their lives
according to their own religion and culture.
10. Elimination of Riba (Usury)
Riba will eliminated from the country as soon as possible.
11. Relation with Muslim Countries
Pakistan will establish good relations with other Islamic countries for the Unit of
Muslim World.
12. Unity of Muslim World
Pakistan will establish good relations with other Islamic countries for the Unity of
Muslim World.
13. Welfare State
Pakistan will be a welfare state and the government will try its best to eliminate the
poverty & illiteracy from the country. And basic facilities like food, shelter & cloth
shall be provided to the people.
14. End of Racial & Provincial Discriminations
The government will try to eliminate Racial, Provincial, Communal and other
discriminations from the country.
15. End of Illiteracy
The Government will take certain steps to eliminate the illiteracy from the country
& education will be declared free & compulsory in Pakistan. Government will also
take suitable steps for the adult education in the country.
16. Compulsory Teachings of Holy Quran
In the constitution of 1956, it was declared that the government should take steps
for the compulsory education of Holy Quran in Pakistan.
17. Separate Electorate
It was declared in the constitution of 1956 that separate electorate would be
provided to the minorities.
18. Free Judiciary
Judiciary shall be independent and will work without any political and economic
pressure.

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19. National language
Urdu & Bengali will be the national languages of the country.

Similarities between constitution of 1956 and 1962

1. The objective resolution was included as preamble part in both
constitution of 1956 and 1962.
2. The constitution of 1956 and 1962 was a written and lengthy
document.
3. Both the constitution was rigid.
4. The unicameral legislature was established.
5. The Islamic provision was included in both constitutions.
6. In the constitution of 1956 and 1962 Urdu and Bengali were
recognized as national language.
7. The name of the country was adopted as “Islamic Republic of
Pakistan”.
8. The president was required to be a Muslim.
9. Both constitutions provided federal system of government in the
country and the power divided between centre and provinces.
10.The teaching of Quran to be made compulsory for all Muslims.

Differences between constitution of 1956 and 1962

1956 constitution 1962 constitution
1.Form of Government
Constitution of 1956 introduced Constitution of 1962 introduced
parliamentary form of government. presidential form of government.

2.Referendum:
Constitution of 1956 introduced no Constitution of 1962 introduced an
institution. institution known as referendum in
the country.

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3.Method of Election:
Constitution of 1956 introduced
direct election.
4.Islamic Institution:
There was no such institute in the
constitution of 1956.
5.Executive Powers:
Most of the executive powers were
exercised by the prime minister
under the constitution of 1956.
6.List of Subject:
Constitution of 1956 contains three
list of subjects’ i.e. federal,
provincial and concurrent matter.
7.House Parliament:
One house of Parliament, National
Assembly
8.Presidential Powers:
In the constitution of 1956 the
powers were reasonable.
9.Supreme Judicial council:
There was no such institution in the
constitution of 1956.
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Constitution of 1962 introduced
indirect election.
Constitution of 1962 introduced two
Islamic institution i.e. advisory
council of Islamic ideology and
Islamic research institution.
Most of the executive powers vested
in the president.
Constitution of 1962 provided only
two lists of subjects i.e. central and
provincial.
Unicameral…
National assembly
Under the constitution of 1962
president had great powers.
Constitution of 11962 introduced a
new institution supreme judicial
council.
10.Fundamental Rights:
Civil and political rights….supported Ensured the fundamental rights to
in emergency
11.Articles:
It contained 234 articles divided into
thirteen parts and six schedules.
12.Capital:
Karachi was declared as federal
capital of the country.
13.Judiciary :
Under the constitution judiciary
enjoyed full supremacy over the
other organs of the state.
THE END
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citizens of Pakistan.
It contained 250 articles divided into
twelve parts and three schedules.
The constitutional declared two
capitals of the county. Islamabad
was recognized as the federal capital
and Dhaka was recognized as the
principal seat of the national
assembly and second capital of the
country.
The judiciary was responsible for the
interpretation of laws and executive
orders in the light of the principles
embodied in the constitution but
were not given the power to abrogate
any law made by the national
assembly.
  h

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