Constitution of Pakistan of 1962

Constitution of Pakistan of 1962 : 

Constitution of Pakistan of 1962 Presented By Fatima Zafar BSS-4

Origins : 

Origins 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. The report of the Constitution Commission was presented to President Ayub 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 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

Provisions : 

Provisions Pakistan was named as 'Republic of Pakistan'. The constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan. Both the provinces would run their separate provincial governments.

Slide 4: 

Constitution of 1962 provided for a presidential form of government, as opposed to the parliamentary form of government under the 1956 Constitution. The President, who must 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 in accordance with the provisions outlined in the Constitution itself.

Slide 5: 

The term of the President was five years to act as Head of State as well as Chief Executive—solely responsible for country's administration. Governor and Minister were appointed and removed by him. He was eligible to promulgate Ordinances and veto against legislated laws only override able 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.

Slide 6: 

There was no restriction of religion for a person holding the office of the Speaker of the National Assembly. Secondly, 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.

Slide 7: 

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 the cases of impeachment, conviction or declaring the President as incapacitated. It could amend the Constitution, but with two-thirds majority.

Slide 8: 

Urdu and Bengali were recognized as national languages.

Islamic Provisions : 

Islamic Provisions The preamble of the Constitution of 1962 was based on the Objectives Resolution. The Constitution laid down simply that the state of Pakistan shall be a republic under the name of Republic of Pakistan'. The word 'Islamic' was dropped in this Constitution. But when the National Assembly met in June 1962, there was a demand that the word 'Islamic' should be re-introduced. There was some justification for this demand. If Islamic provisions were to be maintained there was no reason why the republic should not be designated an Islamic republic. The first amendment (December 1962) therefore rectified this article.

Slide 10: 

According to the principles of policy, steps were to be taken to enable the Muslims of Pakistan individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam, and should be provided with facilities whereby they may be enabled to understand the meaning of life according to those principles and concepts. No law shall be enacted which is repugnant to the teachings and requirements of Islam as set out in the Qur'an and Sunnah and all existing laws shall be brought in conformity with the Qur'an and Sunnah.

Slide 11: 

Only a Muslim could be qualified for the election as President. Teaching of the Quran and Islamiyat to the Muslims of Pakistan was made compulsory. Proper organization of Zakat, waqf, and mosques was ensured. Practical steps were to be taken to eradicate what were seen as social evils by Islam, such as the use of alcohol, gambling, etc.

Slide 12: 

A novel Islamic provision in the 1962 Constitution had introduced an 'Advisory Council of Islamic Ideology' to be appointed by the President. The functions of the Council was to make recommendations to the Government as to means which would enable and encourage the Muslims of Pakistan to order their lives in accordance with the principles and concepts of Islam and to examine all laws in force with a view to bring them into conformity with the teachings and requirements of Islam as set out in the Qur'an and Sunnah

Slide 13: 

There shall be an organization to be known as Islamic Research Institute, which shall be established by the President. The function of the Institute was to undertake Islamic Research and Instruction in Islam for the purpose of assisting in the reconstruction of Muslim society on a truly Islamic basis. The state should endeavor to strengthen the bonds of unity among Muslim countries

Demise : 

Demise The second martial law was imposed on 25 March 1969, when President Ayub Khan abrogated the Constitution of 1962 and handed over power to the Army Commander-in-Chief, General Agha Mohammad Yahya Khan. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections on the principle of one man one vote

Thank You : 

Thank You