Omar Bennett
The Constitution of Pakistan, 1962 was abrogated on 25 March 1969, when General Ayub Khan resigned and handed over control of the government to the Army Commander-in-Chief, General Yahya Khan, who declared martial law. The 1962 Constitution was Pakistan's second constitution and it established the country as an Islamic republic with a presidential system that centralized power in the president. It was promulgated by President Ayub Khan on 1 March 1962 and came into effect on 8 June 1962. It contained 250 articles divided into twelve parts and three schedules.
| Characteristics | Values |
|---|---|
| Date of Abrogation | 25 March 1969 (some sources state 26 March 1969) |
| Person Responsible | President [General] Yahya Khan |
| Martial Law | Declared |
| Reason | General Ayub Khan handed over power to the army commander-in-chief, instead of the speaker of the National Assembly |
| Previous Constitution | The Constitution of Pakistan of 1956 |
| Previous Government | Parliamentary |
| New Government | Presidential |
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What You'll Learn
Pakistan's second constitution
The 1962 Constitution institutionalised the intervention of the military in politics, stipulating that for twenty years, the president or the defence minister must be a person who had held a rank no lower than lieutenant-general in the army. This constitution was enacted by President Ayub Khan through an executive order. It was suspended in 1969 and abrogated in 1972, with the enforcement of martial law. The 1962 Constitution was abrogated by the Army Chief General M. Yahya Khan on 25 March 1969, who took over as President of Pakistan and Chief Martial Law Administrator (CMLA).
General Yahya Khan abolished the one-unit system in West Pakistan on 1 July 1970 and ordered general elections based on universal adult suffrage. The first general elections were held in December 1970, but the government was not transferred to the Awami League, which won a majority of the seats. This resulted in the disintegration of national unity and the eventual separation of East Pakistan, which became Bangladesh.
The 1973 Constitution was the first in Pakistan to be framed by elected representatives. It established a parliamentary democracy, with executive power vested in the office of the prime minister, and the president acting as the ceremonial head of state. The 1973 Constitution has been amended numerous times, with significant amendments including the Eighth Amendment (1985) and the Seventeenth Amendment (2004), which changed the government from a parliamentary system to a semi-presidential system. The Eighteenth Amendment (2010) reversed these expansions of presidential powers, returning the government to a parliamentary republic.
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Martial law declared
The Constitution of 1962 was the fundamental law of the Islamic Republic of Pakistan from 8 June 1962 until martial law was imposed in March 1969. The Constitution of 1962 established Pakistan as an Islamic republic with a presidential system that centralized power in the president. It included Islamic provisions such as requiring the president and laws to adhere to Islamic principles. It also institutionalised the intervention of the military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank no lower than lieutenant-general in the army.
The Constitution of 1962 was abrogated on 25 March 1969 by President Yahya Khan, who assumed power after General Ayub Khan resigned and handed over control of the government. Khan, the Army Commander-in-Chief, acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections based on the principle of one man, one vote. These elections were held in December 1970, but the government was not transferred to the Awami League Elections, resulting in the destruction of national unity and the eventual separation of East Pakistan.
The 1962 Constitution was Pakistan's second constitution and was promulgated on 1 March 1962 by President Ayub Khan. It came into effect on 8 June 1962 and contained 250 articles divided into twelve parts and three schedules. With the enforcement of this Constitution, martial law, which had been imposed since 1958, came to an end. The Constitution provided for a federal system with the principle of parity between East and West Pakistan, with each province running its own provincial government. The responsibilities and authority of the central and provincial governments were outlined in the Constitution.
The 1962 Constitution was abrogated in 1969, and the current 1973 Constitution returned to a parliamentary democracy, including provisions for fundamental rights and an independent judiciary. The 1973 Constitution was the first in Pakistan to be framed by elected representatives.
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Presidential system
The 1962 Constitution of Pakistan was abrogated on 25 March 1969 by President Yahya Khan, who declared martial law. This was the second imposition of martial law, the first being in 1958 when President Iskander Mirza abrogated the constitution.
A presidential system is a form of democratic government in which the populace elects a president who serves as both the head of state and the head of government. Citizens have the power to vote for their president, which often results in a diverse political landscape. The president is chosen by either direct or indirect popular vote and is not chosen through hereditary succession. The president is not responsible to the legislature, and the legislature cannot dismiss the president except in extraordinary cases. The president's independence from the legislature is based on their election by the people, to whom they are directly accountable.
The presidential system has its roots in the governance of the British colonies of the 17th century in what is now the United States. The first presidential system was developed during the United States Constitutional Convention in 1787, and the United States became the first presidential republic when the Constitution came into force in 1789. The presidential system is the most common form of government in the Americas and is also frequently found in Sub-Saharan Africa. It is also used in numerous countries worldwide, including South Korea, Syria, the Philippines, Indonesia, Argentina, Brazil, Mexico, and Honduras.
The presidential system differs from a parliamentary system in that the president is both the chief executive and head of state, whereas in a parliamentary system, the prime minister serves as the head of government and leader of the legislature. The president derives their authority and legitimacy from a source that is separate from the legislative branch. Most modern presidential systems are characterized by a separation of powers among the executive, legislative, and judicial branches, with checks and balances intended to prevent the concentration of authority.
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Islamic provisions
The 1962 Constitution of Pakistan was abrogated on 25 March 1969 when General Ayub Khan resigned and handed control of the government to Yahya Khan, who declared martial law. This was the second imposition of martial law in Pakistan.
The 1962 Constitution was promulgated by President Ayub Khan on 1 March 1962 and came into effect on 8 June 1962. It contained 250 articles and 3 schedules, making it a detailed document. The constitution provided for a federal system with the principle of parity between East and West Pakistan, with each province running its own government.
The 1962 Constitution of Pakistan contained several Islamic provisions, including:
- The President had to be a Muslim.
- Pakistan was declared an Islamic republic.
- No un-Islamic law would be enacted, and all existing laws were to be Islamized.
- The Objective Resolution, which included the teachings of the Quran and Islamiyat, was made compulsory.
- An Advisory Council of Islamic Ideology was to be appointed by the President. This council was to make recommendations to the government on how to enable and encourage the Muslims of Pakistan to order their lives according to Islamic principles.
- The establishment of an Islamic Research Institute by the President to undertake Islamic research and instruction in Islam to assist in the reconstruction of Muslim society on an Islamic basis.
- The teaching of the Quran and Islamiyat was made compulsory for the Muslims of Pakistan.
- Practical steps were to be taken to eradicate social evils as seen by Islam, such as the use of alcohol and gambling.
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Fundamental law
The Constitution of 1962 was the fundamental law of the Islamic Republic of Pakistan from 8 June 1962 until martial law was imposed in March 1969. It was abrogated on 25 March 1969, by President General Yahya Khan, who assumed power after President Ayub Khan resigned and handed over control of the government.
The Constitution of 1962 was Pakistan's second constitution and was promulgated by President Ayub Khan on 1 March 1962. It came into effect on 8 June 1962 and contained 250 articles divided into twelve parts and three schedules. The Constitution established a presidential system of government, granting executive power to the president and abolishing the office of the prime minister. It also centralised power in the president, requiring the president and laws to adhere to Islamic principles. Additionally, the Constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan, with each province maintaining its separate provincial government.
The National Assembly was the central legislature, consisting of 157 members. The Constitution also introduced a new system of Basic Democracies, which indirectly elected the president, MNAs, and MPAs. While it ensured an independent judiciary, the president had authority over judge appointments and transfers.
The abrogation of the 1962 Constitution by President Yahya Khan led to the imposition of martial law and the eventual separation of East Pakistan. The 1962 Constitution was replaced by the 1973 Constitution, which was the first in Pakistan to be framed by elected representatives. This new constitution established a parliamentary democracy, returning executive power to the office of the prime minister and limiting the president to acting on the advice of the prime minister.
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Frequently asked questions
The Constitution of 1962 was abrogated by President General Yahya Khan.
General Yahya Khan succeeded President Ayub Khan, who resigned and handed over power.
The Constitution of 1962 established a presidential system of government, with extensive powers for the president.
The previous form of government in Pakistan was a parliamentary system.
Before the Constitution of 1962, the fundamental law of the Islamic Republic of Pakistan was the Government of India Act, 1935.
