1962 constitution

On the 7th of October, 1958, President Sikandar Mirza abrogated the 1956 constitution and imposed martial law. After some days, General Ayub Khan deposed the Sikandar Mirza and took over as martial law administrator. Two years later he appointed a commission under the chairmanship of Justice Shahabuddin to prepare a draft for the constitution. The commission presented its report on 1st may, 1961 and after some amendments, the constitution of 1962 was enforced.

Salient features of the 1962 constitution are given below.

1) Written constitution
The constitution of 1962 was in the written form just like the 1956 constitution. This constitution consisted of 5 schedules and 25 articles.

2) Rigid constitution
This constitution was very rigid in nature because of the complexities it presented to any future amendment.

3) Title of the state
The official name of the state was proclaimed as the Republic of Pakistan but later on, it was renamed with Islamic ‘Republic of Pakistan’ through an amendment.

4) Presidential form of system
Parliamentary system was replaced with the presidential form of government. The whole system revolved around the president who had the ultimate authority. He was the one who would appoint federal ministers, governors, judges, and other high officials.

5) Indirect method of election
An indirect method of the electorate was introduced called basic democracies. The basic democracies consisted of 80,000 basic democrats with equal representation from both East and West Pakistan. These basic democracies were responsible for the election of members of the national assembly and president.

6) Unicameral system
Just like the previous constitution of 1956, this constitution also proposed that the parliament would consist of only one house called the national assembly.

7) Duality of national languages
Urdu and Bengali were adopted as the national languages of Pakistan.
8) Islamic nature
It introduced many provisions which reflected the Islamic nature of the constitution. It was a must for the president to be Muslim. Similarly, it also proposed the objective resolution as the preamble of the constitution.

9) Federal form of government
Federal form of government was proposed in the constitution but with a strong center. Governors appointed by the president were independent in the matters pertaining to the provincial domain but their actions could be overruled by the president.

10) Principles of policy and fundamental rights
The protection of rights of all the people irrespective of caste, creed, culture, and religion was guaranteed. Freedom of life, property, speech, and religion along with many other rights was safeguarded in the constitution.

11) Independence of Judiciary
Independence of judiciary was made part of the constitution. Judges were allowed to take Suo Motu action of any matter even pertaining to the federal government domain. Judges can be deposed only on the pretext of the decision of the supreme judicial council.

12) Islamic ideology Council and Islamic Research Council
These two councils were made part of the government apparatus. Their role was only advisory but was not easy for the government to ignore their decisions.

13) Limitations of President powers
Though it was a presidential constitution yet it limited his role in some ways. President was allowed to dismiss assemblies but at the cost of his own office.