Constitution Of 1962

Outline:

• Background
• Salient Features Of The Constitution 1962
a) Written Constitution
b) Rigid Constitution
c) Federal System
d) Presidential form Of Government
e) Powers Of President
f) Unicameral Legislature
g) Provincial Government
h) The Principles Of Policy
i) Indirect Elections
j) Fundamental Rights
k) Judiciary
l) Islamic Provisions
m) Other Institutions
n) National Language
• Causes Of Failure Of The Constitution-Critical Analysis

Background:

Ayub Khan constituted a Constitutional Commission on 17th Feb, 1960, under the chairmanship of Justice Shahabudin. The Commission comprised ten members from the both wings of the country. In order to appraise itself of the causes of the failure of the parliamentary system and the opinion of the people, the Commission prepared a questionnaire and printed its 28,000 copies in Urdu, Bengali and English languages. These copies were distributed throughout the country but only 6,289 replies were received. In addition to, the Commission visited various parts of the country and interviewed 565 people who were interested in constitutional matters. Finally, the commission submitted its report to the President in May, 1961. On the basis of this report a new constitution was framed which was enforced in the country on 8th June, 1962.

Salient Features:

a) Written Constitution:

Like the constitution of USA, INDA and France, the constitution of 1962 was a written document. It comprised of 250 Articles and 5 Schedules.

b) Rigid Constitution:

It was a rigid constitution and it was not easy to make an amendment to it. A two-third majority of all the members of the National Assembly was required to make any amendment. If the amendment concerned provinces then it was necessary that the two-third majority of all the members of the concerned provincial assembly approve the proposed amendment. Finally, the President had the authority to use is powers of veto against the amendment. In this case the Assembly could pass the amendment with a three-fourth majority. But the President enjoyed the powers to veto it again and to ask for a referendum by the 80,000 members of Basic Democracies.

c) Federal System:

The constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan.

d) Presidential Form Of Government:

The constitution of 1962 established a presidential form of government. According to this system, the President was the Head of the State. He must be a Muslim not less than 35 years of age.

e) Powers Of President:

The term of President was 5 years to act as the Head of the State as well as Chief Executive-solely responsible for country’s administration. Governors and ministers could be appointed and removed by him. He was eligible to promulgate any ordinance and veto against any legislated law. He could make his Cabinet and the members of his cabinet should not be necessarily the ministers of the National Assembly. He was the most powerful person to administrate and legislate. He was not answerable to National Assembly. He had all powers to accept any bill of the assembly or cancel it. Powers to nominate the Judges of Supreme and High Courts, Auditor General, Advocate General, Higher Officials of the army and higher bureaucracy were in his hands.

f) Unicameral Legislature:

The Constitution of 1962 established a unicameral legislation in the country which consisted of 156 members. The number was increased to 218, out of these 200 members were elected, ten were nominated by government and eight reserved for women. This assembly was called the National Assembly.

g) Provincial Government:

According to the constitution, the provincial governments were established in both wings of the country. The provincial governments were headed by the Governors who could appoint provincial ministers with the approval of the President.

h) Principles Of Policy:

Following were the principles of policy:

i) No law shall be framed in contravention to Quran and Sunnah.
ii) Illiteracy will be wiped out of the country.
iii) Rights of minorities will be protected.
iv) Both the provinces enjoy the full powers.
v) Friendly relations will be established with the Muslim countries.
vi) Prohibition on the use of drugs in the country.
vii) The standard of living of people will be raised.
viii) Special attention will be give towards education, health and welfare of the people.

i) Indirect Elections:

This constitution established the system of indirect elections. An electoral college comprising 80,000 members (later on 1, 20,000) of Basic Democracies elected the president of the country and the members of the National Assembly.

j) Fundamental Rights:

This constitution guaranteed to all the citizens their fundamental rights of speech, movement, peaceful assembly, prosperity and religion.

k) Judicial System:

The constitution established an integrated judiciary which comprised higher courts and lower courts. Supreme Court was the highest court of Pakistan. It could hear appeals against the decisions of lower courts. In addition to, it had the authority to interpret the constitution. The lower courts included the High Courts, District courts and Service Tribunals.

l) National Languages:

Urdu and Bengali were declared national languages but English was retained as an official language.

m) Islamic Provisions

i) God’s sovereignty was proclaimed as the basic principle.

ii) Pakistan was declared as “Islamic Jamahiriya Pakistan:

iii) The president must be a Muslim.

iv) No laws against Islamic rules would be enforced.

v) Islamic Research Council would be established aiming at organizing the Muslim Society.

vi) Islamic Advisory Commission which was comprised of prominent religious scholars.

n) Other Institutions:

The Constitution of 1962 established the following institutions:
i) National Economic Council
ii) National Finance Commission
iii) Election Commission Of Pakistan

Causes Of The Failure Of The Constitution Of 1962-Critical Analysis

The Constitution of 1962 could not win popularity among masses due to following reasons:

i) Gen. Ayub Khan’s rule was a constitutional autocracy and the constitution of 1962 was actually just a tool to achieve this purpose. That is why it could not become popular among people.

ii) The Constitution conferred unlimited powers on the President. President Gen. Ayub Khan’s regime could be compared to the British vice-regal system which existed in India during the thirties and forties of the century.

iii) The people of East Pakistan were not happy with the constitution because West Pakistan dominated all spheres of life. All the high officers like Presidents, Commander-in-Chiefs of Army, air Force and Navy were from West Pakistan.

iv) The system of Basic Democracies introduced method of indirect election to the President and the National Assembly which deprived Pakistani people of their basic rights.