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Salient Features of 1962 Constitution

The 1962 constitution of Pakistan established a federal system with a central government and two provincial governments. It implemented a presidential system that concentrated executive authority in the president. The president had powers to appoint ministers and governors, promulgate ordinances, and veto laws. It provided for a unicameral legislature elected through an indirect electoral system involving basic democrats. The constitution included Islamic provisions and later added fundamental rights and judicial independence.

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702 views3 pages

Salient Features of 1962 Constitution

The 1962 constitution of Pakistan established a federal system with a central government and two provincial governments. It implemented a presidential system that concentrated executive authority in the president. The president had powers to appoint ministers and governors, promulgate ordinances, and veto laws. It provided for a unicameral legislature elected through an indirect electoral system involving basic democrats. The constitution included Islamic provisions and later added fundamental rights and judicial independence.

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MúhámmáD Táríqúé RáhóóJó
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Salient features of 1962 constitution

Introduction: Ayub Khan constituted a constitution Commission on 27th


February 1960 under the chairmanship of justice Shahabuddin. This
commission comprised of 10 members from both the wings of the
country. The commission submitted its report to the president on 6th
May 1961. On the basis of this report a new Constitution was framed
which was enforced in Pakistan on 8th June 1962. Following are the
salient features of the Constitution of 1962.
(1).Written: like 1956 constitution, the constitution of 1956 was written
in nature and character. It consisted of 250 article and 5 schedules.
Thus, it was comparatively detailed document.
(2). Rigidity: it was a rigid constitution and it was not easy to make an
amendment to it. A two third majority of all the members of the
national assembly was required to make any amendment ,then
authentication from president is required.
(3). Islamic provision: like previous constitution 1956 the objective
Resolution was included in the preamble of the constitution. The
teachings of Quran and Islamiat were to be made compulsory. The
president was to the Muslim. Pakistan was declared in Islamic Republic
through first amendment. No un-islamic law to be enacted and all the
existing laws would be islamized etc.
(4). Federal system: The constitution established in feudal system in
Pakistan. which comprised of central government and two provincial
governments comprising East and West Pakistan.
(5). President form: Under the constitution of 1962 US-type
presidential system was enforced to overcome political in stability and
establish a firm socio-economic and political order. All the executive
authority vested in the president. All the ministers of Federal cabinet
were appointed by him and they were accountable to him alone.
(6). Unicameral legislature: The 1962 constitution, like the 1956
constitution provided for unicameral legislature called national
assembly. Its total length was 156 later 218 and then 313 who are
elected by the electoral college of basic Democrats. It’s term was five
year which was fixed.
(7). Language: Urdu and Bengali were declared as national languages
with the provision of English as official language and all the agreements
are made for making Urdu and Bengali as official languages.
(8). Independence of judiciary: Independence of Judiciary were
introduced in the constitution of 1962 by introduction of first
amendment. The Judiciary head full power to pass judgement over the
views of the legislature. Moreover, the courts also enjoyed the power
of Judicial review of Executive action.
(9). Fundamental Rights: 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 its part. The
list of fundamental rights contained almost all the rights secured to its
citizens by a modern state.
(10). Powers of president: The term of president was five years to act
as the head of the state as well as chief executive. Governors of
provinces and Federal Minister could be appointed and removed by
him. He was eligible to promulgate any ordinance and Veto against any
legislated law. He was not answerable to national asassembly. Powers
to nominate the judges of supreme and high court's , Auditor General,
advocate general, higher officers of the army and higher Bureaucracy
were in his hands.
(11). Emergency powers: The president had the power to proclaim the
emergency when the integrity or the sovereignty of Pakistan were
threatened.
(12). Rule of law: The constitution also provided equal protection of
law at all and no person can be deprived of life saved in accordance
with Law.
(13). Basic Democracy: The new system of basic democracy was
introduced in the constitution of 1962. The elected basic democrats
members constituted an electoral college which consist of 80,000
members, 40,000 from each wing of Pakistan.
(14). Indirect Elections: Method of election was indirect The members
of electoral college which were called basic democrts the elect
president members of national and provincial assemblies.
(15). Provincial governments: There were two provincial governments.
Each of them was headed by governor. He enjoyed powers of the
province which the president enjoyed in the centre. The Governor who
was empowered to appoint provincial ministers with the sanctions of
the President of Pakistan.
Conclusion:

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