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    Constitution of Pakistan of 1962: Shafiq Qurban

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    Muqadsa Zaineb
    The Constitution of 1962 established Pakistan's first presidential system of government, replacing the parliamentary system. Some key features included: 1. It established a unicameral legislature called the National Assembly and an indirectly elected President who held broad executive powers. 2. It declared Pakistan an Islamic republic and included provisions to ensure laws were aligned with Islamic principles and promote an Islamic way of life. 3. It instituted a federal system with equal representation between East and West Pakistan and enshrined fundamental rights for citizens.

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    Constitution of Pakistan of 1962: Shafiq Qurban

    Uploaded by

    Muqadsa Zaineb
    987 views32 pages
    The Constitution of 1962 established Pakistan's first presidential system of government, replacing the parliamentary system. Some key features included: 1. It established a unicameral legislature called the National Assembly and an indirectly elected President who held broad executive powers. 2. It declared Pakistan an Islamic republic and included provisions to ensure laws were aligned with Islamic principles and promote an Islamic way of life. 3. It instituted a federal system with equal representation between East and West Pakistan and enshrined fundamental rights for citizens.

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    1962 Constitution

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    The Constitution of 1962 established Pakistan's first presidential system of government, replacing the parliamentary system. Some key features included: 1. It established a unicameral legislature called the National Assembly and an indirectly elected President who held broad executive powers. 2. It declared Pakistan an Islamic republic and included provisions to ensure laws were aligned with Islamic principles and promote an Islamic way of life. 3. It instituted a federal system with equal representation between East and West Pakistan and enshrined fundamental rights for citizens.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    987 views32 pages

    Constitution of Pakistan of 1962: Shafiq Qurban

    Uploaded by

    Muqadsa Zaineb
    The Constitution of 1962 established Pakistan's first presidential system of government, replacing the parliamentary system. Some key features included: 1. It established a unicameral legislature called the National Assembly and an indirectly elected President who held broad executive powers. 2. It declared Pakistan an Islamic republic and included provisions to ensure laws were aligned with Islamic principles and promote an Islamic way of life. 3. It instituted a federal system with equal representation between East and West Pakistan and enshrined fundamental rights for citizens.

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    © All Rights Reserved
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    of 32

    Constitution of

    Pakistan of 1962
    SHAFIQ QURBAN
    Introduction
     The Constitution of 1962 was the fundamental law of
    Pakistan from June 1962 until martial law was
    declared in March 1969.
     On 17 February 1960 Ayub Khan appointed a
    commission to report on the future political framework
    for the country.
     The Commission was headed by the former Chief
    Justice of Pakistan, Muhammad Shahabuddin, and had
    ten other members, five each from East Pakistan and
    West Pakistan, composed of retired judges, lawyers,
    industrialists and landlords.
    Introduction

     The report of the Constitution Commission was


    presented to President Ayub Khan on 6 May 1961
    and thoroughly examined by the President and his
    Cabinet.
     In January 1962, the Cabinet finally approved the
    text of the new constitution. It was approved by
    President Ayub on 1 March 1962
    Salient Features of 1962 Constitution
    1962
    i. Written Constitution x. Emergency Provisions
    ii. Rigid Constitution xi. Presidential Powers
    iii. Name of Country xii. Restrictions against office of President
    iv. National Languages xiii. Federalism
    v. Islamic Provisions
    vi. Uni-cameral Legislature
    vii. President Form of Government
    viii. Freedom of Judiciary
    ix. Fundamentals Rights
    Salient Features of 1962 Constitution

     The Constitution of 1962 was enforced on June 8, 1962 Following were its
    important Clauses.
     Written Form
    It was written. The Constitution of the republic was a comprehensive document
    comprising of 250 Sections and 3 Schedules..
     Preamble
    The Objectives Revolution was included as a preamble in the constitution
    Salient Features of 1962 Constitution

    Preamble

    The constitution of
    Muslims states specially
    PAKISTAN, laws are not
    deep rooted from the
    2) Prophet Mohammad
    constitution but 3) Holy Qur’an.
    (PBUH )
    constitution is deep rooted
    according from below:

    1) Almighty Allah
    Salient Features of 1962 Constitution

     Name of the country


     The constitution of 1962 declared “The Republic of Pakistan” as the country
    name. However, owing to the public reaction, the word “Islamic” was included
    later on. The full name of the country, thus became the “Islamic Republic of
    Pakistan”.
     Form of Government
    Instead of the Parliamentary System, Presidential form of Government was
    introduced for the first time through the 1962 Constitution which meant extensive
    powers for the President.
    Salient Features of 1962 Constitution

     Basic Democracies
    In 1962 Constitution promotes basic democracy system. Basic Democrats were to be
    chosen by people. The elected Basic Democrats constituted an “Electoral College”
    which elected the President and MNAs and MPAs. Thus, the indirect election system
    was adopted in 1962 Constitution
     Minority Rights
    The 1962 Constitution had an adequate provisions for the minorities enabling them
    to observe their rights/religious rites and promote their culture without restrictions
    Salient Features of 1962 Constitution

     There was no restriction of religion for a person holding the office of the Speaker
    of the National Assembly
     If the President resigns from his office or vote of no-confidence passes against
    him, then according to the Constitution the Speaker would act as the President of
    the State till the election of new President.
     Under these special circumstances, a non-Muslim might get the chance to be an
    acting President of Pakistan. 
    Salient Features of 1962 Constitution

     Independence of Judiciary
    Though the 1962 Constitution had ensured complete freedom of judiciary, the
    authority of appointment and transfer of Judges rested in the President. Moreover,
    both the Supreme Court and the High Courts could not start proceedings of a case on
    their own. The administration of the subordinate courts was only partially under their
    control
     Legislation
    The 1962 Constitution provided that the legislation in Pakistan would be carried out
    in accordance with the Quran and Sunnah. All those laws which were contrary to
    Islamic Principles would be annulled or amended in such a way so as to bring them
    under Islamic Jurisdiction.
    Salient Features of 1962 Constitution

     National Language
    In 1962 Constitution recognized Urdu and Bengali
    as the two national languages of Pakistan.
     The Principle of Parity
    The parity is equal representation between the East
    Pakistan and West Pakistan was upheld in the 1962
    Constitution.
    Salient Features of 1962 Constitution

     Institute of Islamic Research


    The 1962 Constitution also provided for the establishment of an Islamic Research
    Institution with the aim of promoting, the study of Islamic History and Fiqah and to
    carry out research in this regard.
     Establishment of Islamic Ideology Council
    The Constitution of 1962 provided for the establishment of a Council of Islamic
    Ideology comprising religious scholars as its members. The objective of the council
    was to identify non-Islamic laws and bring them in accordance with the Quran and
    Sunnah. The Council was also given opinions about the nature of the new laws, bills
    and administrative decisions of the government. The recommendations of the
    councils, however, were not binding on the President.
    Salient Features of 1962 Constitution

     Rigid Constitution 
    This is a rigid constitution. A rigid constitution can only be amended by at least two-
    third majority of the parliament then it becomes a part of law after authentication by
    the President.
     Federal System
     A federal system was introduced in the country. It consisted of a central government
    and two provincial government comprising East and West Pakistan.
    Salient Features of 1962 Constitution

     Fundamental Rights
    The constitution of 1962 laid down fundamental rights of speech and expression,
    freedom to choose profession and freedom to profess religion, rights of life, liberty
    and property were granted.
     Role of Judiciary 
    The Judiciary was responsible for the interpretation of laws and executive orders in
    the light of the principles embodied in a written constitution.
     Supreme Judicial Council 
    A supreme judicial council consisting of chief justice of supreme court, two judges of
    supreme court, and two judges of high courts was to be established.
    Salient Features of 1962 Constitution

     Propagation of Islamic Way Of Life


    The 1962 Constitution promised to propagate an Islamic way of life in Pakistan so
    that Muslims could proceed with their lives according to the Holy Quran and Sunnah
     Elimination of Non-Islamic Practices
    All those practices which were contrary to the Shariah such as gambling, adultery,
    prostitution, intoxication and interest would be eliminated from the society
    Salient Features of 1962 Constitution

     The Constitution of 1962 provided a term of five years for the Central and
    Provincial Legislatures .
     The National Assembly was exclusively empowered to legislate for the central
    subjects.
     The Provincial Assemblies were exclusively empowered to legislate for the
    provincial subjects.
    Uni-Cameral Legislature

     Uni-Cameral known as National Assembly


     156 total members
     150 elected from both East and West Pakistan (75 each)
     6 seats reserved for women (3 for each)
     Indirect elected by electoral college
     25 age limit
     A person could not sit more than one seat
     If the member of the N.A will be President or Governor
     He will be cease from N.A
    Indirect Election

     Indirect elections
     Electoral college elect
    President
     National Assembly Members
    Provincial Assembly Members
    Presidential Form of Government

    The president elected freely of the legislature and had direct command from the
    electors to perform the executive functions of government
    President hold office for fixed term
    And could not be removed from office by an inverse vote
    But by a special process of impeachment
    Legislature was supreme law-making body and elected independently
    And could not dissolved by executive or president
     And no proposal become law unless voted by this body
    Qualification for President

    1. Muslim not less than 35 years age


    2. would be elected indirectly by an electoral college
    3. Electoral college consists of 80,000 Electors ,equally selected form East and West Pakistan
    4. 25 age on which they were eligible for electoral college
    5. Limit of nominated candidate is 3
    6. If number exceed , N.A has to arrange a joint session of N.A and Provincial So may it will 4
    7. Period fixed for President Five years
    8. Not eligible for election if any person has Two Consecutive tenure of President-ship.
    Impeachment and Removal of the
    President
     President Could be impeached on;
    1. Charge violating constitution and misconduct
    2. 1/3 member of N.A has to give written notice to speaker for removal
    3. The notice has to set the charge and transmitted it to president
    4. President can appear at the time of notice and argument

    5. On the other way impeachment will be passed not less than ¾ votes of N.A
    6. If the removal failed to obtained one half of total number
    7. The person who gave notice of removal, he will be cease form N.A
    Powers of President

    Independence of executive authority


     President is
    I. Head of state
    II. Chief of executive
    III. Reserved substantial law-making power
     President could appoint
    1. Governor

    2. Central Ministers
    3. Auditor General
    4. Judges of Supreme Court
    Powers of President

    The president and his cabinet


    i.The president could appoint a council of
    ministers to assist him in the performance in his
    duties
    ii.The
    president was empower to dismiss
    governor or minister
    Powers of President

    The supreme command of the defense services was also


    assigned by president
     He had power
    1. To raise the maintenance of defense services of
    Pakistan
    2. To grant commissions to appoint chief
    commander
    3. And their salaries and pensions
    Legislative Powers of President

     Veto power by President


     If a bill passed by N.A , President could do one thing of the following
    i. Give assent on bill
    ii.Withhold assent from the bill; Or
    iii.Return bill to the N.A with a message requesting that the bill or a
    particular establishment of the of the bill be considered and amendments
    suggested in his message be consideration
    Legislative Powers of President

     If the president did not take any of these three steps, the bill would be thought to
    have received his assent after expiry of thirty days.
     The bill was sent to president 2nd time , President could do either of the
    following
    a.Give assent to the bill
    b. Refer the bill to a vote under article 24 in the form of question whether
    the bill should or should not receive assent.
     If the bill received majority votes of the total number of members of the electoral
    college, the president would be vote to have assented to the bill.
    Legislative Power of President

     President has power to issue an ordinance at any


    time
     At time when N.A dissolved as well

     But majority number of N.A approved an


    ordinance
    Financial Powers of President

     Presidential control over the budget


     No proposal relating to money bills could be made
    except with the recommendations of the President
     N.A has no power to reject any item of the budget
    Emergency Powers of President

     President could issue declaration of emergency


     No fixed time for emergency
    Governors and Provincial Legislature

     Provincial Government was headed by a governor. He enjoyed


    powers in the province which the President enjoyed in the center.
     The Governor was empowered to appoint provincial ministers
    with the sanction of the President of Pakistan.
     The provincial cabinet was responsible
    a. To Governor
    b. But however Governor could not appoint or dismiss any
    Provincial minister without agreement of President.
     Governor Could dissolve Provincial Assembly.
    Relations Between The Center and
    Provinces

     Center Enjoyed more Power


     Central legislature dominancy on provincial
    legislature
    Drawbacks of 1962 Constitution

     Constitution was given by one Man.


     Absence of Check and balance.
     Indirect Election.
     Lack of Provincial Autonomy
     Negation of Islamic Ideology.
     Presidential Dictatorship
     Policy of suppression of fundamental rights.

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