C. Constitution of 1962
The Constitution of Pakistan 1962 was the second constitution of Pakistan. It was introduced during the rule of Muhammad Ayub Khan, who had taken power after the imposition of martial law in 1958. The constitution was promulgated on 1 March 1962 and came into force on 8 June 1962.
After the abrogation of the Constitution of Pakistan 1956, the country was governed under martial law for several years. During this period, President Ayub Khan decided to introduce a new constitutional system that would replace the parliamentary model with a presidential form of government.
To prepare the new constitution, a commission known as the Constitution Commission was established in 1960 under the leadership of Muhammad Shahabuddin. The commission studied different political systems and presented recommendations for a new constitutional framework.
Following the political instability of the late 1950s, the government aimed to establish a stable system of governance. The new constitution was designed to create a strong executive authority and reduce political conflicts within the parliamentary system.
The Constitution of 1962 was therefore structured to introduce a presidential system of government in which the President would hold significant executive powers.
One of the most significant features of the Constitution of 1962 was the introduction of a presidential form of government. In this system, the President served as both the head of state and the head of government.
The President had extensive powers, including the authority to appoint ministers, manage national administration, and influence legislative processes.
Under the Constitution of 1962, the President was not elected directly by the general population. Instead, the election was conducted through a special electoral body known as the Basic Democrats.
This system was part of the Basic Democracies system, introduced earlier by President Ayub Khan to establish a local government structure. Approximately 80,000 Basic Democrats served as the electoral college responsible for electing the President and members of the national legislature.
The constitution established a unicameral legislature called the National Assembly. The assembly consisted of members representing both East Pakistan and West Pakistan, with equal representation from each wing.
The National Assembly was responsible for making laws, approving budgets, and discussing national policies.
The Constitution of 1962 maintained a federal system of government. Powers were divided between the central government and the provinces, although the central government retained significant authority.
At that time, Pakistan consisted of two main regions: East Pakistan and West Pakistan, and both were represented in the federal system.
Initially, the constitution did not include a detailed list of fundamental rights, which attracted criticism from political groups and legal experts. Later, amendments were introduced to include provisions guaranteeing fundamental rights such as freedom of speech, equality before law, and protection of personal liberty.
Although the constitution initially described the country simply as the Republic of Pakistan, later amendments restored the name Islamic Republic of Pakistan. The constitution also included provisions stating that laws should be consistent with Islamic principles and that Muslims would be enabled to live according to the teachings of Islam as presented in the Qur'an and Sunnah.
An advisory body known as the Islamic Advisory Council was established to recommend measures for aligning laws with Islamic teachings.
The constitution ensured the independence of the judiciary, allowing courts to interpret laws and protect constitutional principles. The judicial system was responsible for ensuring justice and maintaining the rule of law within the country.
The constitution recognized Urdu and Bengali as the national languages of Pakistan, reflecting the linguistic diversity of the country during that period.
The Constitution of 1962 remained in force during a period of significant political developments. However, political opposition gradually increased against the government of President Ayub Khan.
Public dissatisfaction, political movements, and protests eventually weakened the political system established under the constitution.
In 1969, amid widespread political unrest and protests, Muhammad Ayub Khan resigned from power and transferred authority to Yahya Khan. After assuming control, Yahya Khan imposed martial law and suspended the Constitution of 1962.
This marked the end of Pakistan’s second constitution.
The Constitution of 1962 was the second constitutional framework of Pakistan and introduced a presidential system of government with strong executive authority. It established a unicameral legislature, maintained a federal structure, and included provisions related to Islamic principles and fundamental rights. Although it aimed to create political stability, the system faced increasing opposition and eventually ended with the imposition of martial law in 1969.