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The Constitution of 1962 was the fundamental law of Islamic Republic of Pakistan from 8 June 1962 until martial law was declared in 25th March 1969. It was abrogated on 25th March 1969 by President Yahya Khan. [1]
Pakistan became an independent state in 1947. The first document that served as a constitution for Pakistan was the Government of India Act, 1935. The first Pakistani Constituent Assembly was elected in 1947 and after nine years adopted the first indigenous constitution, the short-lived Constitution of 1956. In October 1958, President Iskander Mirza abrogated the constitution. Shortly afterwards General Ayub Khan deposed Iskandar and declared himself president. [2]
On 17 February 1960, Ayub Khan appointed a commission to report on the future constitutional 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. The report of the Constitution Commission was presented to President Ayub on 6 May 1961 (according to some writers report was presented on 29 April 1961) [3] and thoroughly examined by the president and his Cabinet. In January 1962, the Cabinet finally approved the text of the new constitution. It was promulgated by President Ayub on 1 March 1962 and finally 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 after 44 months, martial law came to an end.
Pakistan was named the Republic of Pakistan. The 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 in it.
The constitution provided for a presidential form of government, as opposed to the parliamentary form of government under the 1956 Constitution. The president, who had to be a Muslim not less than 35 years of age and qualified for election as a member of the National Assembly, was to be elected indirectly by an electoral college following the provisions outlined in the Constitution. The Electoral College was formed by not less than 80,000 Basic Democrats, equally distributed between the two provinces. Under the Constitution of 1962, if the number of candidates for election to the office of President exceeded three, the Speaker of the National Assembly was to convene a joint session of the members of the National and Provincial Assemblies to select only three candidates for election, the remaining candidates then would not be eligible. This screening did not apply to a person who was holding the office of the president, so if the sitting president was also a candidate the number of candidates would be four.
The term of the president was five years to act as head of state as well as chief executive, solely responsible for the country's administration. Governors and ministers were appointed and removed by him. He was eligible to promulgate ordinances and veto against legislated laws only overridable by two-thirds of the National Assembly. However, the president was not empowered to dissolve the Assembly except at the cost of his office also. On a charge of violating the Constitution or gross misconduct, the president might be impeached by the National Assembly for which one-third of the total members of the National Assembly must give written notice to the speaker for the removal of the president. The president was to be removed from office if the resolution for impeachment was passed by votes of not less than three-fourths of the total members of the Assembly. A significant feature of the impeachment procedure was that if the resolution for the removal of the president failed to obtain one-half of the total number of members of the National Assembly, the movers of the resolution would cease to be members of the Assembly.
There was no restriction on religion for a person holding the office of the speaker of the National Assembly. Also, if the president resigned from his office or vote of no-confidence passes against him, according to the Constitution, the speaker would act as the president of the state till the election of the new president. Under these special circumstances, a non-Muslim might get the chance to be an acting president of Pakistan.
The Constitution of 1962 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. The National Assembly was exclusively empowered to legislate for the central subjects. However, it could legislate on matters falling under provincial jurisdiction. The power to impose taxes was laid with the central legislature. The Assembly had to serve as a court in cases of impeachment or conviction or declare the president incapacitated. It could amend the Constitution with a two-thirds majority. However, if the president's veto was overridden, he had the right to ask for the assent of the Electoral College. The provincial assemblies' procedure was identical to that of the National Assembly.
Urdu and Bengali were recognised as national languages.
1. Federal System: Under the constitution of 1962 federal system was adopted. The powers of the central government were enumerated in the Federal List while all the residuary powers were given to the provinces to meet the demand of provincial autonomy. However, within this federal structure, the central government was made domineering even at the cost of provincial autonomy. Besides administrative matters, centralism was reflected. The provincial governors were the appointees of the President and were accountable to him: Hence the provincial executive was under the control of the centre. This centralism bore more disastrous results in respect of provincial autonomy. Consequently, the federal structure practically seemed unitary due to which the demand of provincial autonomy became more popular and widespread which threatened our solidarity in the later stage.
2. A Written and Detailed Document: The 1962 constitution was written in nature and character. It consisted of 250 Articles and 3 Schedules. Thus, it was a comparatively detailed document. Keeping in view the lack of democratic values and established norms it was thought expedient to give a detailed code of constitutional law as could regulate the conduct of different political institutions.
3. Islamic Provisions: Like the previous constitution of 1956, the Objective Resolution was included in the Constitution's Preamble. The teachings of the Quran and Islamiyat were to be made compulsory. The President was to be Muslim. Pakistan was declared an Islamic republic through the first amendment. No un-Islamic law would be enacted, and all the existing laws would be Islamized etc.
4. Position of the President: Under the Constitution of 1962 US-type presidential system was enforced to overcome political instability and establish a firm socio-economic and political order. All the executive authority was vested in the President who was unanimously responsible for the business of the central government. All the ministers were appointed by him, and they were accountable to him alone. They could participate in the deliberations of the legislature, but they were not responsible for it. Along with the provincial governors, all the top-ranking officials were appointed by him. The president also enjoyed certain legislative, military and judicial powers. The provincial setup also followed the central structure. In short, it was the President who was all in all.
5. Unicameral Legislature: The 1962 Constitution like the previous constitution provided for a unicameral legislature called National Assembly. Its total strength was 156 (later 218 and then 313, who were elected by the electoral college of Basic Democrats. Besides, certain seats were also reserved for women. Its term was 5 years, which was fixed. The members were elected based on parity of representation between the East and West wings. The proceedings of the Assembly might not be challenged in any court of law. Unlike the previous practices, the members of the cabinet were not members of the legislature. The ministers could attend its meetings but like the US system, neither the president nor his cabinet colleagues were responsible.
6. Indirect Election: It was an innovation in the 1962 Constitution. It was a general impression that one of the causes of the failure of the constitutional machinery was the direct and adult suffrage and without proper and necessary political education and training. Hence this constitution provided an indirect method of election for President and the legislative assemblies was envisaged. Accordingly, the primary voters would elect the Basic Democrats who had then to elect the representatives to higher positions.
7. Independence of Judiciary: Proper safeguards were introduced in the 1962 Constitution to ensure the independence of the judiciary. Judges of the superior courts were appointed by the President and were ensured the security of service. They could be removed from the inquiry report submitted by the Supreme Judicial Council on the ground of misbehaviour or physical or mental inability to perform their duties. By induction of the first amendment, the judiciary had full, power to pass judgment over the views of the legislature. Moreover, the court also enjoyed the power of judicial review of executive actions.
8. Fundamental Rights add Principles of Policy: In the original constitution, there was no list of fundamental rights. It was due to the first amendment in the constitution in 1963 that these were included and made their part, before that these were laid down in the directive principles of policy. The list of fundamental rights contained almost all the rights secured to its citizens by a modern state. The Principles of Policy were also incorporated into the Constitution. Most of the Islamic provisions were made a part thereof. These principles of policy dealt with such matters as the Islamic way of life, national integration and solidarity, social welfare, protection of the rights of minorities, development of backward areas etc.
9. Provincial Governments: Each province had a provincial assembly organized on the lines of the National Assembly. The relationship of the provincial governors with their assemblies was the same as that of the President with the National Assembly. The East and West Pakistan assemblies used to meet at Dacca and Lahore respectively. Each had 155 members, at least of who were women. The governors appointed by the President, had a Council of Ministers in the same manner, as the President, who belonged to their respective provinces.
Although the 1962 constitution of Pakistan had transferred several responsibilities to the provincial governments but in actual practice the central government or its representatives used to exercise these powers.
The second martial law was imposed on 25 March 1969 by General Agha Mohammad Yahya Khan, after General Ayub Khan handed over power to the army commander-in-chief, and not the speaker of National Assembly as laid down by the constitution. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan on 1 July 1970 and ordered general elections on the principle of one man one vote. The first-ever general elections were held in December 1970, however, the government was not transferred to the Awami League Elections. This resulted in the destruction of national unity and eventually, the separation of East Pakistan was fought.
1959: The Basic Democracy (BD) was introduced through the Basic Democracy Order.
1960 February 17: General Ayub Khan appointed a constitution commission under the supervision of Shahabuddin.
1961 May 6 (some claim April 29): Constitutional Commission submitted its report to the President.
1962 June 8: Ayub Khan enforced the constitution.
1969 March 25: Constitution of 1962 was abrogated by General Yahya Khan. [4]
East Pakistan was the eastern polity of the Islamic Republic of Pakistan, established in 1955 under the One Unit Policy, renaming and restructuring the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Burma, with a coastline on the Bay of Bengal. East Pakistanis were popularly known as "Pakistani Bengalis"; to distinguish this region from India's state West Bengal, East Pakistan was known as "Pakistani Bengal". In 1971, East Pakistan became the newly independent state Bangladesh, which means "country of Bengal" or "country of Bengalis" in Bengali language.
The Politics of Pakistan takes place within the framework established by the constitution. The country is a federal parliamentary republic in which provincial governments enjoy a high degree of autonomy and residuary powers. Executive power is vested with the national cabinet which is headed by Prime Minister of Pakistan, who works with the bicameral parliament and the judiciary. Stipulations set by the constitution provide a delicate check and balance of sharing powers between executive, legislative, and judicial branches of the government.
West Pakistan was the western province of Pakistan, one of the two provincial exclaves created under the One Unit Scheme in 1955 in Pakistan. It was created to ensure population-based equality with its eastern counter-part and it was dissolved to once again form former provinces for the General Elections in 1970 under the 1970 Legal Framework Order.
Agha Muhammad Yahya Khan was a Pakistani military officer who served as the third president of Pakistan from 1969 to 1971. He also served as the Commander-in-Chief of the Pakistan Army from 1966 to 1971. Along with Tikka Khan, he is considered the chief architect of the 1971 Bangladesh genocide.
The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. The document guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was unanimously approved by the 5th Parliament on 10 April and ratified on 14 August 1973. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by Supreme Court. The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state. The first six articles of the constitution outline the political system as federal parliamentary republic system; as well as Islam as its state religion. The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.
The president of Pakistan is the head of state of the Islamic Republic of Pakistan. The president is the nominal head of the executive and the supreme commander of the Pakistan Armed Forces. The Presidency is a ceremonial position in Pakistan. The President is bound to act on advice of Prime Minister and cabinet. Arif Alvi is the 13th and current president, in office since 9 September 2018.
The Senate of Pakistan or Aiwān-e-Bālā Pākistān, constitutionally the House of the Federation, is the upper house of the bicameral Parliament of Pakistan. As of 2023, It has a maximum membership of 100, of which 92 are elected by the provincial legislatures using single transferable vote. Four represent the Federal Capital and another four are representing former Federally Administered Tribal Areas, until membership expiration in 2024. Members sit for terms lasting six years, with half of the house up for election every three years. Unlike the National Assembly, the Senate is a continuing chamber and hence not subject to dissolution.
The Parliament of Pakistan is the supreme legislative body of the Islamic Republic of Pakistan. It is a bicameral federal legislature, composed of the President of Pakistan and two houses: the Senate and the National Assembly. The president, as head of the legislature, has the power to summon or prorogue either house of the Parliament. The president can dissolve the National Assembly, only on the Prime Minister's advice.
Since its establishment in 1947, Pakistan has had a non-symmetric federal government and is a federal parliamentary democratic republic. At the national level, the people of Pakistan elect a bicameral legislature, the Parliament of Pakistan. The parliament consists of a lower house called the National Assembly, which is elected directly, and an upper house called the Senate, whose members are chosen by elected provincial legislators. The head of government, the Prime Minister, is elected by the majority members of the National Assembly and the head of state, the President, is elected by the Electoral College, which consists of both houses of Parliament together with the four provincial assemblies. In addition to the national parliament and the provincial assemblies, Pakistan also has more than five thousand elected local governments.
The chairman of the Senate of Pakistan is the president-chair of the Senate of Pakistan. According to the Constitution of Pakistan, the chairman is a presiding official and the Senate must choose a chairman and deputy chairman for a time interval of three years.
The Provincial Assembly of the Punjab is a unicameral legislature of elected representatives of the Pakistani province of Punjab, which is located in Lahore, the provincial capital. It was established under Article 106 of the Constitution of Pakistan, having a total of 371 seats, with 297 general seats, 66 seats reserved for women and 8 reserved for non-Muslims.
The East Pakistan Provincial Assembly, known as the East Bengal Legislative Assembly between 1947 and 1955, was the provincial legislature of East Pakistan between 1947 and 1971. It was known as the East Bengal Assembly from 1947 to 1955 when the provincial name was changed. The legislature was a successor to the Bengal Legislative Council and the Bengal Legislative Assembly, which were divided between East Bengal and West Bengal during the partition of Bengal in 1947. It was the largest provincial legislature in Pakistan. Elections were held only twice in 1954 and 1970.
General elections were held in Pakistan on 7 December 1970 to elect members of the National Assembly. They were the first direct general elections since the independence of Pakistan and ultimately the only ones held prior to the independence of Bangladesh. Voting took place in 300 general constituencies, of which 162 were in East Pakistan and 138 in West Pakistan. A further thirteen seats were reserved for women, who were to be elected by members of the National Assembly.
The Provincial Assembly ofKhyber Pakhtunkhwa is a unicameral legislature of elected representatives of the Pakistani province of Khyber Pakhtunkhwa, which is located in Peshawar, the provincial capital. It was established under Article 106 of the Constitution of Pakistan, having a total of 145 seats, with 115 general seats, 26 seats reserved for women and 4 reserved for non-Muslims. The 11th Provincial Assembly of the Khyber Pakhtunkhwa was dissolved on 18 January 2023, and the province is set to elect a new legislature on 8 October 2023.
The history of East Bengal and East Pakistan from 1947 to 1971 covers the period of Bangladesh's history between its independence as a part of Pakistan from British colonial rule in 1947 to its independence from Pakistan in 1971.
The Legal Framework Order, 1970 (LFO) was a presidential decree issued by then-President of Pakistan Gen. Agha Muhammad Yahya Khan that laid down the political principles and laws governing the 1970 general election, which was the first direct election in the history of Pakistan. The LFO also dissolved the "One Unit" of West Pakistan, re-establishing the four provinces of Punjab, Sindh, Balochistan and the North-West Frontier Province. Pakistan would be a democratic country and the complete name of the country would be the Islamic Republic of Pakistan.
The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was the first constitution adopted by independent Pakistan. There were 234 articles 13 parts and 6 schedules.
The 1969 East Pakistan uprising was a democratic political uprising in East Pakistan. It was led by the students backed by various political parties such as the Awami League and National Awami Party and specially their student wings against Muhammad Ayub Khan, the president of Pakistan in protest of the military rule, political repressions, Agartala Conspiracy Case and the incarceration of Sheikh Mujibur Rahman and other Bengali nationalists.
Khan Amirzadah Khan was a member of the Khudai Khidmatgar movement and a leader of the National Awami Party in Pakistan. Born in Bakhshali village, Mardan District in the province of Khyber Pakhtunkhwa, he was an active participant of Khudai Khidmatgar movement organized by Bacha Khan. Amirzada Khan started active politics with National Awami Party and remained President of National Awami Party District Mardan until 1972, when he remained senior Provincial Minister of Law, Education and Parliamentary Affairs.
The Basic Principles Committee (BPC) was a specialized committee set up in March 1949 by Khawaja Nazimuddin on the advice of prime minister Liaquat Ali Khan. The committee's sole purpose was to determine the basic underlying principles that would determine future constitutions and legislature in Pakistan.
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