1962 Constitution

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1962Constitution


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Promulgated on 23 March 1962.

Consisted of 250 articles, arranged in 12

parts, short preamble in the beginning andthree schedules attached at the end.

1962 Constitution


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The Preamble The preamble of the constitution was the

Objective Resolution which was adopted by

the Constituent assembly in March,1949.


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The Islamic Provisions

The Objective Resolution was included in thepreamble of the Constitution; through which theprinciples of freedom,equality,tolerance,andsocial justice as enunciated by Islam, shouldbe fully observed.

Teaching of Islam and Holy Quran was to be

made compulsory, unity and observance ofIslamic moral standards were to be promotedamong the Muslims of Pakistan.


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Proper organization of Zakat, Waqf andMosques was to be established.

The President was to be a Muslim. No law was repugnant to Islam and was

enforceable in courts of law. The NationalAssembly was to decide whether a proposed

law violated Islam or not.

Islamic Research Institutes will be organized.

Minority rights were fully protected.


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The President

Real Chief Executive and Head of State.

Should be a Muslim.

Not less than 35 years of age.

To be elected by 80,000 Basic Democrats for5 years.

Could be removed only by the National

Assembly by impeachment . Sole responsible for the business of Central

Government.


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Military and legislative powers. Financial powers

Could Summon, prorogue and dissolve the

assembly. Power to appoint his Ministers, Attorney

General, Auditor General, Provincial GovernorsChief Justice, Judges of High Court,Commander in Chiefs of Army, Air Force, Navyand all major postings and Commissions.


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Master of Cabinet, could appoint and dismissany member of his cabinet.

Not bound to accept any proposal but Cabinet

is answerable to him. Power to pardon, commute of sentences.

Official acts could not be challenged.

Could assent, reject or forward to masses forrefrendum,any bill passed by the assembly.


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Legislature

Uni-Cameral Legislature known as NationalAssembly

156 Seats on the basis of Parity.

6 women seats, 3 each from both sides.

Term of Assembly was fixed for five years.

Elected by electoral college of Basic

Democrats.

Member could loose his seat in case ofconsecutive 30 days absence.


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At least two sessions of National Assembly in a year.

Principal seat of the Assembly was at Dhaka.

The assembly to choose Speaker and Deputy

Speaker. No one could become member who worked for

Government, foreigner, bankrupt or convicted of anoffense within five years.


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Federal Structure

Comprised of two Provinces, East and WestPakistan.

Principle of parity between two Provinces.

Autonomy for Provinces, but centralgovernment could interfere in matters.

Residuary powers were given to Provinces.

Federal had priority over Provinces list. Governors were strong as was President in

Center.


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Judiciary Independence of Judiciary was guaranteed.

Supreme Court:-Headed by Chief Justice with 6judges.

Judges could hold office till the age of 65. Had the power of Judicial Review of Executive

actions.

Might overrule Presidents decree.

Had original as well as appellate jurisdiction.

Had powers to adjudicate in any dispute betweenCenter and Provinces or vice versa.


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High Court:-

Each Province had a High Court,

Consisted of Chief Justice and other Judges. Appointed by the President of Pakistan.

Had powers through out the territory inrelation to which it exercised jurisdiction tocheck the executive matters.


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Fundamental rights

Originally contained no bill of rights.

Amended in 1963 and fundamental rights were

made enforceable by courts as were mentionedin the previous Constitution.

The article of fundamental rights was limited

and was not applicable in Tribal Areas and notto the activities covered in 31 previous laws,including freedom of speech and press.


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Other Characteristics

Two National Languages, Urdu and Bengali withEnglish acceptable in Government affairs.

Two capitals, Islamabad would be the principal seat

and Dhaka would be second Capital, the principalseat for Central Legislature.

No new taxation without consent of NationalAssembly.

Budgets once sanctioned would not be alteredwithout permission of the President.


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Abrogation of Constitution

Constitution was abrogatedon March 26,1969 whenGeneral Ayub Khan

resigned and handed overthe control of theGovernment to Yahya

Khan, who declared Martiallaw and abrogated theConstitution.

Documents

1962 Constitution