President Muhammad Ayyub Khan officially issued the Constitution of Pakistan 1962 via presidential order on March 1st. This new document introduced a presidential form of government with significant powers granted to its leader; its primary goal being establishing controlled democracy under his rule.
Constitution of Pakistan 1962 wasn’t an exhaustive document like most. Instead, it was an informal and concise one which laid out the basic framework of government based on 250 articles organized into 12 parts with three schedules as supporting documents.
original Constitution of Pakistan 1962 has since been repealed and is no longer applicable; in its place is the Constitution of 1973 which provides more details regarding government systems, fundamental rights protection, as well as powers and functions of various branches of government.
Salient Features Constitution of Pakistan 1962
Presidential System
Under Pakistan’s constitution, executive authority rested with a President elected from among members of National Assembly, Provincial Assemblies and Basic Democrats through an electoral college.
Fundamental Rights:
Constitution of Pakistan 1962 ensures its citizens a range of fundamental rights, such as equality, freedom of speech and expression, religious liberty and protection against arbitrary arrest and detention, and property ownership (subject to certain restrictions).
Islam Is State Religion of Pakistan:
Pakistan’s Constitution declares Islam as its state religion, while also protecting minorities’ right to freely practice their respective faiths.Constitution of Pakistan 1962
Parliamentary System:
The constitution introduced a parliamentary system with a bicameral legislature consisting of both National Assembly and Senate seats representing individual provinces.
Basic Democracy:
Constitution of Pakistan 1962 established a system known as Basic Democracy, involving indirect elections at local levels and an electoral college called Basic Democrats who elected both President and National/Provincial Assemblies members.
Provincial Autonomy:
Constitution of Pakistan 1962 granted each province some degree of autonomy. Each one had its own Governor and Chief Minister, as well as provincial governments with powers to legislate on certain subjects.Constitution of Pakistan 1962
Advisory Councils:
Under the Constitution of Pakistan 1962 advisory councils were created at both national and provincial levels. These served as forums for consultation with and advice to the President or Governors for various sectors.
Suspension of Fundamental Rights:
Under the Constitution of Pakistan 1962 President could suspend fundamental rights in certain situations such as during an emergency state or to promote public order and morality.
Limitations on Judiciary:
Under the Constitution of Pakistan 1962 both the powers and independence of the judiciary were limited. For example, Presidents had authority to appoint and remove judges which compromised its independence.
Dual Citizenship:
Constitution of Pakistan 1962 permits dual citizenship, enabling individuals to hold both Pakistani and another national citizenship simultaneously.
Division of Powers in a Federal System
A key feature of any federal system is the separation of powers between the central government and regional or state governments, with certain powers delegated to one and reserved for others; often this division of powers is specified within its Constitution of Pakistan 1962
Constitutional Supremacy
In a federal system, the constitution is the supreme law of the land. It outlines the powers and functions of central and regional governments while providing them with guidance for functioning effectively. Any laws or actions by either must conform with its provisions.
Regional Autonomy in Federal Systems: Regional governments or state governments within a federal system enjoy some degree of autonomy, with legislative power within their respective sphere of jurisdiction, giving them the ability to legislate and govern accordingly, which allows them to respond directly to regional issues and concerns while meeting them appropriately.
Representation: Federal systems often include a representation mechanism to ensure regional interests are considered during central decision making processes. This may take the form of a bicameral legislature where one chamber represents central government while the other represents regions or states, in order to balance out interests between both levels of government.
Intergovernmental Relations: Federal systems require coordination and cooperation among central and regional governments. Intergovernmental relations mechanisms are established to facilitate communication, negotiation and decision-making between different levels of government; these help resolve conflicts, share resources and promote collaboration .Constitution of Pakistan 1962
Dual Citizenship: Under some federal systems, citizens may hold dual citizenship – this recognizes regional identities while giving individuals rights and privileges from both levels of government.
Judicial Review: Federal systems often feature an independent judiciary with the power of judicial review. The judiciary can examine laws and actions taken by both central and regional governments for constitutionality in order to ensure they adhere to the provisions of their respective constitutions.
Flexibility and Adaptability: Federal systems offer flexibility and adaptability that allows regional governments to meet specific regional needs and preferences while the central government focuses on issues of national significance.
Shared Financial Responsibility: In a federal system, both the central and regional governments share in its financial responsibilities. For example, taxes collected by the central government are distributed according to agreed-upon principles among regional governments in order to ensure an equitable allocation of resources.
Islamic Provisions
Islam as State Religion: Constitution of Pakistan 1962 declares Islam the official religion, affirming its special place within Pakistani laws and governance structures. This provision affirms the special status and influence of Islam on Pakistan.
Islamic Ideology Council: Under the Constitution of Pakistan 1962 an Islamic Ideology Council comprised of religious scholars and experts was appointed to advise the government regarding any matters regarding whether laws conformed with Islamic principles. Additionally, this body was responsible for making sure laws reflected Islamic teachings.
Islamic Provisions in Legislation: The constitution provided for the incorporation of Islamic provisions into legislation, with existing and future laws being brought in line with Islamic tenets.
Protection of Islamic Ideals: The constitution sought to uphold and promote Islamic values within society, particularly upholding Islam’s core principles, expanding Islamic education programs and safeguarding its values and morals.
Freedom of Religion for Minorities: Although Islam was declared to be the state religion, its constitution included provisions protecting religious minorities’ right to practice their own faith freely within an Islamic framework. Religious freedom was acknowledged and recognized in Constitution of Pakistan 1962
Islamic Education: The constitution recognized the value and promoted Islamic education through provisions that mandated its inclusion into educational institution curriculum and encouraged spreading religious knowledge.
Sharia Courts: Constitution of Pakistan 1962 Sharia Courts were created to address matters related to Islamic law and personal status issues related to marriage, divorce and inheritance. They had jurisdiction in such matters.
Unicameral Legislature
National Assembly
Pakistan’s National Assembly and Senate both meet at Parliament House in Islamabad, its capital. The National Assembly is an electoral body consisting of 336 Members of the National Assembly (MNAs). Directly elected MNAs make up 266 seats while 70 reserved ones exist to represent women and religious minorities from across Pakistan. A political party or coalition must secure at least 172 MNA seats to maintain its majority status in this body. According to Constitution of Pakistan 1962, 70 seats designated for women and religious minorities are divided among political parties according to their proportional representation.Constitution of Pakistan 1962
- Composition: The National Assembly was composed of elected representatives who were selected through an indirect election process, with Basic Democrats as its electoral college, consisting of local representatives elected at grassroots levels.
- Legislative Powers: The National Assembly had legislative power over subjects within federal jurisdiction. It could introduce bills, debate legislative matters and pass laws with a majority vote.
- Role in Government Formation: The National Assembly was an instrumental player in the formation of government. Through an electoral college system encompassing National Assembly members, Provincial Assemblies, and Basic Democrats it elected President Zia-ul Haq as President of Pakistan.
- Parliamentary Procedures: The National Assembly observed parliamentary procedures, such as electing its Speaker and Deputy Speaker from among their membership, and having committees that met to review bills and policies.
- Representation: The National Assembly sought to represent the various interests and regions within Pakistan. Elected representatives from different provinces and territories made up its membership, offering some degree of regional representation.
- Accountability: The National Assembly had the ability to hold the government accountable for its actions and policies by questioning, debating and raising issues before them in committee sessions. Members could raise queries or initiate debates with one another as well as demanding accountability for what their government was doing.Constitution of Pakistan 1962
Electoral System
An electoral or voting system is a set of rules which determine how elections and referendums are run and their results determined. Politicians use electoral systems to elect new governments, while non-political elections may take place within businesses, non-profit organizations and informal organizations. These rules dictate all aspects of voting process: when elections occur, who can vote and stand as candidates, how ballots are marked and cast, counted, translated to election outcomes and any factors which might sway it; limits on campaign spending as well as any other elements which might impact it may all come under these guidelines. Electoral systems are typically established under constitutions or election laws with elections conducted through election commissions that conduct multiple types of elections for different offices .Constitution of Pakistan 1962
- Basic Democracy: In 1962, electoral elections centered around the concept of Basic Democracy. In this system, local representatives elected at grassroots level known as Basic Democrats made up the electoral college for various offices such as National Assembly and President.
- Indirect Elections: Members of the National Assembly and President were chosen through an indirect electoral system; Basic Democrats participated instead of general voters to elect representatives for them.
- Electoral College: The electoral college for the National Assembly consisted of Basic Democrats elected through a hierarchical system of electoral tiers, beginning with village councils (Union Councils) and increasing to larger administrative units.
- Limited Franchise: In 1962, the electoral system featured a limited franchise, with Basic Democrats as the main participants in the election process and no direct vote allowed from general public for representatives elected to National Assembly or President.
- Appointment of President: In Pakistan, the president was chosen by an electoral college composed of members from the National Assembly, Provincial Assemblies and Basic Democrats; thus avoiding direct public vote for president.
Term of Office: The members of the National Assembly served a fixed term, which was specified in the constitution. The duration of the term varied, but it was typically several years.
Legislative Powers: The National Assembly had legislative authority over various subjects within its jurisdiction. It could introduce and pass bills, debate key issues and make decisions related to governance and legislation.
Role in Government Formation: The National Assembly played an essential role in forming Pakistan’s first federal government, electing President Pervez Musharraf through an electoral college system comprised of members from National Assembly, Provincial Assemblies and Basic Democrats.
Checks and Balances: While the National Assembly was the primary legislative body, President held significant executive powers as well. For instance, they could issue ordinances and influence legislative processes.
What is the Constitution of Pakistan in 1962?
What were the salient features of the Constitution of Pakistan in 1962?
What happened to the Constitution of Pakistan in 1962?
Independence of Judiciary Constitution of Pakistan 1962
State guarantees and upholds the independence of the judiciary by way of constitutional or legislative mandate. Furthermore, all governmental and nongovernmental institutions have an obligation to respect and observe this independence of judiciary.
The judiciary shall render judgment impartially on matters brought before them, on the basis of facts and law, without being subject to improper influences, inducements, pressures or threats from any source, regardless of where these come from or for any purpose.
The judiciary shall exercise sole jurisdiction for matters of a judicial nature and has sole authority in deciding if an issue submitted for its consideration falls within its legal purview.
There must be no inappropriate or unwarranted interference with the judicial process or court decisions, and they shall not be subject to review by anyone other than courts and their competent authorities as defined by law. This does not preclude review by judicial bodies as required or mitigation or commutation by authorities of sentences issued by judiciaries as mandated by law.
Everyone shall have the right to be tried in courts or tribunals that use established legal procedures, while non-jurisdictional tribunals that bypass such processes shall not be created to replace ordinary courts or judicial tribunals as sources of justice.
The principle of independence for the judiciary entitles and requires them to ensure that judicial proceedings are carried out fairly, protecting all the parties involved and respecting their rights.
Each Member State is charged with providing sufficient resources for their judiciary to fulfill its duties effectively.Constitution of Pakistan 1962
Appointment and Removal of Judges: The President had the authority to appoint and remove judges, giving them significant control over the judiciary through appointments being made at his recommendation and his ability to dismiss judges at his will.
Judicial Review: The Constitution granted the judiciary with the power of judicial review, enabling them to assess the constitutionality of laws and actions taken by government. Unfortunately, President and the executive branch exerted substantial influence over them which hampered their ability to exercise this power effectively.
Limitation on Constitutional Interpretation: The judiciary was constrained in its ability to interpret and enforce constitutional provisions independently; President was the final authority for all constitutional interpretations and had power to issue interpretations on constitutional questions, restricting their independence of interpretation.
Fundamental Rights:
Right to Equality: The Constitution grants every individual and institution equal protection under law, prohibiting discrimination based on factors like race, religion, caste, sex or place of birth.
Freedom of Speech and Expression: The Constitution protects freedom of speech, expression and press subject to certain limitations in order to maintain public order.
Religion Freedom: The constitution guarantees religious liberty for its citizens, permitting individuals to freely profess, practice, and propagate their religious belief system.
Protection Against Arbitrary Arrest and Detention: The constitution provided safeguards to ensure no person would be arrested arbitrarily without due process of law being implemented first.
Protection of Property: The constitution recognized and guaranteed the right to own and possess property and protected it against its unlawful deprivation; subject to any imposed legal restrictions.
Right to Education: The constitution recognized and promoted universal primary education.
Right to Constitutional Remedies: The constitution guarantees individuals their constitutional right to petition courts for protection of fundamental rights such as fair trial.Constitution of Pakistan 1962
Provincial Governments Constitution of Pakistan 1962
Governor: Each province was assigned its own Governor appointed by the President. These representatives represented him at provincial levels while acting as ceremonial heads for their provinces.
Chief Minister: The Chief Minister was the head of provincial government and elected by members of the Provincial Assembly. With his or her executive powers and responsibility for running the province, this person was ultimately accountable to their constituents and overseeing its management.
Provincial Assembly: Each province had its own Provincial Assembly composed of elected representatives who could legislate matters within its jurisdiction and represent its interests.
Provincial Autonomy: The Constitution of Pakistan 1962 provided each province with some degree of autonomy. Provincial governments held powers and responsibilities related to education, health care, agriculture and local governance – giving them an opportunity to address regional concerns as per their provinces’ specific needs.
Provincial Legislatures: Provincial legislatures held the power to pass laws and regulations applicable within their respective provinces, subject to any stipulations from the constitution. They could pass laws regarding matters within their province’s jurisdiction that fell within its purview.
Financial Autonomy: Provincial governments had some financial autonomy and were responsible for overseeing their own finances to a certain degree. They could levy and collect taxes as well as control resource allocation within their provinces.
Provincial Services: Provincial governments had their own administrative services, such as civil services and police forces, which were charged with carrying out laws and policies at a provincial level.
Chronology of the Constitution Pakistan 1962
President Muhammad Ayyub Khan promulgated a presidential order approving the 1962 Constitution of Pakistan on March 1, 1962, replacing its previous version from 1956 which had been repealed after martial law had been declared in 1958.
In 1962, Pakistan adopted a presidential form of government with substantial powers vested in its President.
The 1962 constitution established a unicameral legislature known as the National Assembly, responsible for making laws and representing its constituents. Additionally, this document provided for appointment and removal of judges by the President thereby restricting its independence.
In 1962, Pakistan adopted a Constitution which declared Islam to be its state religion and included several Islamic provisions into law. Additionally, this document laid out fundamental rights and policy principles which provided both individual protection as well as guidance for government.
After Pakistan surrendered in the Bangladesh Liberation War and subsequent political changes occurred within Pakistan, its Constitution of 1962 was suspended in 1972.
Amendment of Constitution of Pakistan 1962
First Amendment: In 1963, this amendment brought with it changes to membership eligibility requirements and disqualification criteria of both the National Assembly and Legislative Assembly.
Second Amendment: In 1963, this amendment made possible the appointment of non-Muslim judges to Pakistan’s Supreme Court.
Third Amendment: This change, made in 1964, introduced modifications to both qualifications and disqualifications for becoming President of Pakistan.
Fourth Amendment: In 1965, this amendment provided for a joint session of both houses to elect their President together.
