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1. History of Constitution of 1962 2

2. Salient features of 1962 Constitution 3

3. Causes for the failure of 1962 Constitution 5

4. Conclusion 7

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 History of Constitution of 1962

The 1962 Constitution of Pakistan marked a significant milestone in the country's

constitutional history. It was promulgated during the presidency of Ayub Khan,
who came to power through a military coup in 1958. The 1962 Constitution
replaced the previous 1956 Constitution, which had faced challenges and
instability. The new constitution established Pakistan as a presidential republic,
concentrating power in the hands of the president. It introduced a system of
indirect elections, with a basic democrats' electoral college selecting the president
and the provincial assemblies choosing the members of the national and provincial
assemblies. The 1962 Constitution aimed to centralize power and limit the
influence of political parties, restricting their role in the governance structure.
However, the 1962 Constitution was criticized for concentrating power and
limiting democratic representation. It favored the president and the military
establishment, leading to a lack of true democratic governance. The centralized
system curtailed the autonomy of provinces and marginalized opposition voices,
creating a contentious political atmosphere. Ultimately, the 1962 Constitution was
abrogated in 1969, following widespread protests and demands for a more
democratic and representative form of government, paving the way for the
formulation of a new constitution in 1973 that aimed to address the shortcomings
of its predecessor.

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 Salient features of the constitution of 1962
(i) Written Constitution:
The constitution of 1962 consists of 250 section and 3 schedule. It was in written
form.
(ii) Democratic Islamic Republic:
Pakistan was declared Democratic Islamic Republic.
(iii) Islamic Ideology Council:
The constitution of 1962 provided for the establishment of Islamic ideology
Council.
(iv) Federal State:
The constitution of 1962 established a Federation of Pakistan with two provinces
of East Pakistan and West Pakistan.
(v) Rigid Constitution:
The constitution of 1962 was a rigid constitution. The method of amendment was
very difficult.
(vi) Fundamental Rights:
The constitution of 1962 grants certain fundamental rights to the citizens of
Pakistan. These are basic human rights which cannot be taken away even by
legislation in normal circumstances.
(vii) Referendum:
The constitution of 1962 has introduced a new institution of referendum.
(viii) Indirect Election:
Under the constitution of 1962 the method of direct election by adult Franchise
has been abolished and method of indirect Election was adopted.
(ix) Presidential Form of Government:
The constitution of 1962 provide presidential form of Government in the country.
(x) Preamble:
The objective resolution of 1949 was included as a preamble in the constitution of
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1962.
(xi) Unicameral:
The constitution of 1962 adopted single house parliament known as National
Assembly.
(xii) Basic Democracies:
The new system of basic democracies was introduced in the constitution of 1962.
The Elected Basic Democrats members constituted an Electoral College who
elected the president.
(xiii) Independence of Judiciary:
The 1962 constitution gave many powers to the Judiciary and it recognized I
independence of Judiciary.
(xiv) Rights of Minorities:
Minorities were given right and these rights were also protected by the
constitution.
(xv) Islamic way of Life:
The Shish was declared the basis for the legislative system of Pakistan. It was
declared that Islamic way of life shall be adopted.
(xvi) Principles of Policy:
The principles of policy were incorporated into constitution 1962.
(xvii) National Language:
Urdu and Bangle were declared two national languages of Pakistan.
(xviii) Elimination of non-Islamic practice:
All those practices which were contrary to Islamic teaching such as gambling,
prostitution, intimidation, and adultery would be eliminated from the society.

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 Causes of Failure of 1962 Constitution
Following are causes of failure of constitution of 1962.
1. Constitution given by one man
The constitution of 1962 was given by one man. In fact, it was framed to legalize
undemocratic military regime. Under its Presidential system, President was
granted vast power while power of national assembly was limited. So, that's a fact
to cause of failure of constitution of 1962.
2. Absence of Check and Balance
The system of check and Balance was absent in the constitution of 1962 because
the President of Pakistan made powerful and made National Assembly powerless.
President appoints the ministers and ministers were not answerable to National
Assembly, they were accountable to President.
3. Indirect Elections
The method of election of President, members of National Assembly and
Provincial Assembly in the constitution of 1962 was indirect. It was not proper for
the country like Pakistan.
4. Lack of Provincial Autonomy
Provinces were not given autonomy. The center was more powerful. This clash of
power failed the constitution.
5. Political Causes
There were many political causes for the failure of the constitution for example
non-existence of political consciousness as well as negative attitude of political
parties.
6. Negation of Islamic Ideology
The 1962 constitution promised to propagate an Islamic way of life in Pakistan so
that Muslim could proceed with their lives according to Holy Quran and Sunnah
but practically it was failed.
7. 1965 War
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In 1965 in Muhammad Ayub Khan's cra Pakistan fought war with India. The 1965
war told upon the economy of the country, which created hatred among the people
against the Muhammad Ayub Khan's Government.
8. Increase of Political Crises
The political crises raised their heads, which reflected that people were no longer
satisfied with the Muhammad Ayub Khan's policies.
9. Unpopular Presidential System
Usually constitutions are adopted by parliament, referendum or conventions.
Contrary to this, constitution of 1962 was adopted and enforced in such way. In
fact, it was a gift from a dictator, and it imposed presidential system against norms
of democracy. Therefore, its presidential system remained unpopular and proved a
failure.
10. Presidential Dictatorship (Autocracy)
In constitution of 1962, absence of separation of powers and granting of extensive
powers to President revealed that presidential system of this constitution was just
another form of presidential dictatorship. Such presidential dictatorship caused
failure of presidential system of constitution of 1962.
11. Policy of Suppression of Fundamental Rights
Although fundamental rights were made part of constitution of 1962 through its
first amendment, yet presidential government practically never recognized and
accepted them. In fact, policy of suppression of fundamental rights was adopted.
Such policy finally caused failure of presidential system of constitution of 1962.

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 Conclusion
In conclusion, the 1962 Constitution of Pakistan marked a significant turning point in the
country's political history. It was a response to the evolving needs and aspirations of a
nation seeking stability and a defined political structure after years of uncertainty and
political upheaval. The Constitution aimed to establish a presidential system, centralizing
power in the hands of the President and introducing a democratic framework within a
federal structure. However, its authoritarian nature and lack of representation at various
levels faced criticism, ultimately leading to its abrogation in 1969. Despite its
shortcomings, the 1962 Constitution of Pakistan remains an important chapter in the
country's constitutional journey, providing valuable lessons for subsequent attempts at
constitutional governance and democracy.