Simone Lawson
The 1962 Constitution of Pakistan was the country's second constitution, coming after the 1956 Constitution was abrogated in 1958. The 1962 Constitution granted executive power to the president and abolished the office of the prime minister. It did not include fundamental rights until the first amendment was made. The 1962 Constitution institutionalized the intervention of the military in politics. It did not specify an official language, but English was used as the official language until the Official Languages Act of 1963. The 1973 Constitution, framed by elected representatives, created a parliamentary form of democracy in which executive power was concentrated in the office of the prime minister.
| Characteristics | Values |
|---|---|
| Year of Constitution | 1962 |
| Official Language | English |
| National Language | Urdu |
| Other National Languages | Bengali |
| Powers of President | Executive powers |
| Office of Prime Minister | Abolished |
| Intervention of Military in Politics | Institutionalized |
| Status of Islamic Religion | State religion |
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What You'll Learn
The 1962 Constitution replaced the 1956 Constitution
The 1956 Constitution was the first constitution adopted by independent Pakistan. It was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was abrogated in October 1958 by President Iskander Mirza. The 1956 Constitution provided for a parliamentary form of government, where the executive power was vested in a cabinet, presided over by the Prime Minister. It also declared that there would be only one house of parliament, known as the National Assembly, and equality between the two Wings (East Pakistan and West Pakistan) was maintained in it. The Queen of Pakistan was replaced by a President, who was to be elected by the Electoral College of Pakistan, composed of members of the National Assembly and Provincial Assembly.
The 1962 Constitution provided for elections of the central and provincial legislatures for a term of five years. The members of the assemblies were elected by the Basic Democrats, who were, in turn, elected by the primary voters. The National Assembly was exclusively empowered to legislate for central subjects, but it could also legislate on matters falling under provincial jurisdiction. The Assembly had to serve as a court in cases of impeachment or conviction or to declare the president incapacitated. It could amend the Constitution with a two-thirds majority. The 1962 Constitution also introduced proper safeguards to ensure the independence of the judiciary.
The 1956 Constitution had 234 articles, 13 parts, and 6 schedules, while the 1962 Constitution was a more detailed document with 250 articles, 12 parts, and 3 schedules. The 1962 Constitution was written in nature and character, keeping in view the lack of democratic values and established norms. It was thought expedient to give a detailed code of constitutional law to regulate the conduct of different political institutions.
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The 1962 Constitution was altered by Ayub Khan
The 1956 Constitution of Pakistan was abrogated in 1958 by President Iskander Mirza. General Ayub Khan deposed Iskandar and declared himself president. From 1958 to 1961, special commissions were established to study various aspects of national life, resulting in reforms across land tenure, the legal system, administration, and education. On 17 February 1960, Ayub Khan appointed a commission to report on the future constitutional framework for the country.
The Constitution of 1962 was the fundamental law of the Republic of Pakistan from 8 June 1962 until martial law was imposed on 25 March 1969. It was promulgated by President Ayub Khan on 1 March 1962 and 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, martial law came to an end.
The 1962 Constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan. Both provinces would run their separate provincial governments. The responsibilities and authority of the centre and the provinces were 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 was maintained. The constitution provided for a presidential form of government, as opposed to the parliamentary form of the 1956 Constitution.
The 1962 Constitution was designed and drafted by Justice Manzoor Qadir. It was written and contained information about the state institutions and their mutual relations. It was not passed with the consent of the elected representatives of the people. Instead, it was the creation of a single person, and it was president-friendly. Amendments were easy to make if supported by the president, but without his support, the process was lengthy and difficult. For any amendment, a two-thirds majority of the assembly had to pass the bill, and it then had to be sent to the president. If the president did not object within thirty days, the amendment was considered valid. However, the president might disapprove or send back the resolution with alterations.
The 1962 Constitution recognised Urdu and Bengali as the national languages of Pakistan. It provided that all necessary provisions for the use of Urdu should be made within 15 years from commencement. English was to be used as the official language until all arrangements were made for its replacement by Urdu.
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The 1962 Constitution granted executive power to the president
The 1962 Constitution of Pakistan granted executive power to the president. This constitution replaced the 1956 Constitution, which had provided for a parliamentary form of government with a Prime Minister presiding over the cabinet, which held the real executive authority. In contrast, the 1962 Constitution abolished the office of the prime minister and centralised executive power in the president. Notably, it institutionalised military intervention in politics by requiring that, for twenty years, the president or defence minister must be a former high-ranking military officer.
The 1962 Constitution also failed to include fundamental rights, and it was only after the first amendment was made that executive power was granted to the president. This constitution marked a significant shift in the distribution of power, as it vested significant authority in the president.
The President's powers and duties are outlined in Sections 2 and 3 of Article II. Some of the President's exclusive powers include being the Commander-in-Chief of the armed forces, requiring written opinions from executive department heads, and having the power to grant reprieves and pardons. The President also shares certain powers with Congress, such as treaty-making and appointment powers. Additionally, the President can make temporary appointments during Senate recess and has the authority to approve or veto legislation.
While the 1962 Constitution granted executive power to the president, it is important to note that the subsequent 1973 Constitution shifted the balance of power once again. The 1973 Constitution established a parliamentary form of democracy, with the prime minister as the head of government and the president as the ceremonial head of state, acting on the advice of the prime minister.
Regarding official languages, the 1962 Constitution did not introduce any changes. Urdu and English were the official languages, with Urdu being the national language. This linguistic arrangement remained in place from the 1956 Constitution, which had replaced English with Urdu and Bengali as the state languages. However, English continued to be used as the official language until the necessary arrangements were made for its replacement by Urdu.
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The 1962 Constitution abolished the office of the prime minister
The 1962 Constitution of Pakistan abolished the office of the prime minister, instead granting executive power to the president. This was a significant shift from the previous parliamentary system, where the prime minister was the head of government, and the president was the head of state.
The 1962 Constitution established a US-type presidential system, with all executive authority vested in the president, who was responsible for the business of the central government. The president appointed all ministers, provincial governors, and top-ranking officials, and enjoyed certain legislative, military, and judicial powers.
The constitution also introduced indirect elections, with the president being elected by an electoral college of Basic Democrats, with a minimum of 80,000 members, equally distributed between the two provinces. The term of the president was five years, and they acted as both head of state and chief executive.
The 1962 Constitution also provided for unicameral legislatures, with a National Assembly of 156 members (later increased to 218 and then 313), elected by the electoral college. The assembly had the power to impose taxes and amend the constitution with a two-thirds majority.
The official language declared in the 1962 Constitution was Urdu, with English to be used until the necessary arrangements were made for its replacement. This was a continuation of the 1956 Constitution, which declared Urdu and Bengali as the state languages, with English to be used for the first twenty years.
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The 1962 Constitution institutionalised military intervention in politics
The 1956 Constitution of Pakistan was abrogated in 1958 following a military coup d'état. The country's second constitution was approved in 1962, and it institutionalised military intervention in politics.
The 1962 Constitution was promulgated by President Ayub Khan on 1 March 1962 and came into effect on 8 June 1962. It introduced a US-type presidential system, granting the president executive power and abolishing the office of the prime minister. The president was given the authority to appoint all ministers, provincial governors, and top-ranking officials. The constitution also provided the president with certain legislative, military, and judicial powers.
A significant feature of the 1962 Constitution was its institutionalisation of military intervention in politics. It stipulated that for twenty years, the president or the defence minister must be a person who had held a rank of no less than a lieutenant-general in the army. This provision ensured that the military would have a direct role in the country's political leadership for at least two decades.
The 1962 Constitution also introduced an indirect method of election for the president and legislative assemblies. The primary voters would elect the Basic Democrats, who would then elect the representatives to higher positions. This system aimed to address the perceived failures of direct adult suffrage and the lack of political education and training among voters.
The 1962 Constitution was suspended in 1969 and abrogated in 1972. It was replaced by the 1973 Constitution, which established a parliamentary form of democracy. This new constitution concentrated executive power in the office of the prime minister, making the president the formal head of state, bound to act on the advice of the prime minister.
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