1962 Constitution & Comparison with 1956

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Topic: Constitution of 1962: its making, salient features, and a comparison with the 1956 Constitution.

CSS relevance: 🔥 Very high. "Salient features of the 1962 Constitution" and "Compare the 1956 and 1962 Constitutions" have been asked in many exams.

🗺️ Overview

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I. Making of the 1962 Constitution

• Ayub appointed a Constitution Commission headed by former Chief Justice Muhammad Shahabuddin.
  • It had 10 other members: 5 from East and 5 from West Pakistan.
• The Commission's draft was thoroughly examined by the President and the Cabinet, and the Cabinet approved it.
• Promulgated: 1 March 1962. Came into effect: 8 June 1962.
• Pakistan's second constitution.
• It was not made by a representative Constituent Assembly, but given by the President. Critics called it "tailor-made" for Ayub.

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II. Salient Features

1. Written & detailed

• 250 articles, arranged in 12 parts, with schedules.
  • The lecture says 3 schedules; most books say 5 schedules.

2. Rigid

• Amendment needed at least a two-thirds majority of the National Assembly, plus the President's assent.

3. Name of the state

• Originally "Republic of Pakistan", with the word "Islamic" dropped.
• After protests by religious groups, the First Amendment (1963) restored the name "Islamic Republic of Pakistan".

4. National languages

• Urdu and Bengali, the same as in 1956.

5. Federal system

• A federation of two provinces, East and West Pakistan, on the principle of parity.
• Each had its own provincial assembly and government.
• The powers of the centre and provinces were listed in the constitution.

6. Presidential form of government

• The office of Prime Minister was abolished, and a presidential system introduced.
• The President was elected by the electoral college of 80,000 Basic Democrats (local councillors).
• Qualifications: a Muslim, at least 35 years old, and qualified to be a member of the National Assembly.
• Term: 5 years.
• Head of State and Chief Executive, solely responsible for the country's administration.
• Appointed and removed the Governors and all federal ministers.
• Could promulgate ordinances, and veto laws.
  • The NA could override a veto only by a two-thirds majority.
  • The President could then send the matter to a referendum.
• He could not dissolve the Assembly except at the cost of his own office: if he dissolved it, he had to seek re-election himself.

7. Unicameral legislature

• One house, the National Assembly, with parity between the wings.
  • 150 elected members (75 East + 75 West), plus reserved seats for women. The original strength was 156 (150 + 6 women).
  • The lecture gives the total as 167; the number was changed by later amendments.
• The NA could legislate on central subjects, and also on matters in the provincial sphere in certain cases.
• The power to impose taxes lay with the central legislature.

8. Indirect elections

• The 80,000 Basic Democrats (40,000 per province) elected the President, MNAs and MPAs.
• There were no direct elections and no adult franchise for these offices.

9. Provincial governments

• Two provinces, each headed by a Governor.
• The Governor had the same powers in the province that the President had at the centre.
• The Governor appointed provincial ministers, with the President's sanction.
• It was a mirror of the centre: a one-man executive in each province.

10. Judiciary & the Supreme Judicial Council

• Supreme Judicial Council (introduced for the first time):
  • the Chief Justice of the Supreme Court
  • the two next most senior Supreme Court judges
  • the two most senior High Court judges (Chief Justices).
• Safeguards for judicial independence:
  • Judges of the superior courts were appointed by the President, with security of service.
  • They could be removed only on an inquiry report of the Supreme Judicial Council, on grounds of misbehaviour or physical or mental incapacity. The President then removed them.
• First Amendment (1963):
  • the courts got power of judicial review of legislation
  • the courts also got judicial review of executive actions.

11. Islamic provisions

• The Objectives Resolution was the Preamble.
• Principles of Policy: the state to enable Muslims, individually and collectively, to live according to the Quran and Sunnah.
• No law repugnant to Islam; existing laws to be brought into conformity with the Quran and Sunnah.
• Only a Muslim could be President.
• Teaching of the Quran and Islamiat made compulsory for Muslims.
• Proper organisation of Zakat, Auqaf and mosques.
• Steps to eradicate social evils such as alcohol and gambling.
• Advisory Council of Islamic Ideology:
  • recommends ways to help Muslims order their lives by Islamic principles
  • examines existing laws and recommends bringing them into conformity with Islam.
  • It is the forerunner of today's Council of Islamic Ideology.
• Islamic Research Institute, set up by the President, for Islamic research and instruction, to help reconstruct Muslim society on a truly Islamic basis.
• The state to strengthen bonds of unity among Muslim countries.

12. Fundamental rights

• The original 1962 Constitution had no list of fundamental rights. They appeared only as Principles of Policy.
• They were added by the First Amendment (1963), and made justiciable.
• The list then contained almost all the rights a modern state guarantees.

13. Principles of Policy

These covered:

• the Islamic way of life
• national integration and solidarity
• social welfare
• protection of minority rights
• development of backward areas.

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III. Position of the President under the 1962 Constitution

• A US-type presidential system, introduced to end political instability and build a firm socio-economic and political order.
  • Unlike the US, the legislature was unicameral.
• All executive authority was vested in the President, making it a one-man government.
• Ministers:
  • were appointed by him and accountable to him alone
  • could take part in legislative debates but were not responsible to the legislature.
• He appointed the Governors and all top-ranking officials.
• He also had legislative powers (ordinances, veto), military powers (Supreme Commander) and judicial powers (appointing judges, pardons).
• The provinces followed the same one-man pattern under the Governors.
• In short: the President was "all in all".

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IV. Comparison: 1956 vs 1962 Constitution

Similarities: both were written and lengthy, federal, unicameral and based on parity. Both had the Objectives Resolution as Preamble and Islamic provisions, and both made Urdu and Bengali national languages.

Key differences: parliamentary vs presidential, direct vs indirect elections, Constituent Assembly vs Commission, fundamental rights present from the start vs added later, and the Supreme Judicial Council, Council of Islamic Ideology and referendum existing only in 1962.

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📊 Key Figures at a Glance

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⚠️ MCQ Traps

• The 1962 Constitution was made by a Commission, not a Constituent Assembly. It is the only one of Pakistan's three constitutions not framed by an elected constitution-making body.
• It was promulgated on 1 March and enforced on 8 June 1962.
• It had 250 articles; the 1956 Constitution had 234, and the 1973 Constitution has 280.
• The original name was "Republic of Pakistan". "Islamic" was added in 1963.
• The President's minimum age was 35 in 1962 and 40 in 1956.
• Both the 1956 and 1962 constitutions were unicameral. The Senate first came in 1973.
• Fundamental rights were absent from the original 1962 text, and added by the First Amendment (1963).
• The Supreme Judicial Council and Advisory Council of Islamic Ideology first appeared in 1962.
• The President could dissolve the NA only at the cost of his own office.
• It was abrogated when Yahya imposed martial law on 25 March 1969.

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✍️ Model Answer Outlines

Q1. Discuss the salient features of the 1962 Constitution.

1. Introduction: Ayub's constitution; the Shahabuddin Commission; 1 Mar and 8 Jun 1962.
2. Features:
   • written and rigid
   • "Republic of Pakistan" (later Islamic)
   • federal with parity
   • a presidential system with an all-powerful President
   • unicameral NA
   • indirect elections through BDs
   • Governors mirroring the President
   • the Supreme Judicial Council and judicial independence
   • Islamic provisions (Council of Islamic Ideology, Islamic Research Institute)
   • fundamental rights added in 1963
   • Principles of Policy.
3. Critique: tailor-made, centralised, undemocratic; it alienated East Pakistan.
4. Conclusion: abrogated in 1969.

Q2. Compare the Constitutions of 1956 and 1962.

• Similarities: written, federal, unicameral, parity, Islamic provisions, Urdu and Bengali.
• Differences: source, inspiration (British vs American), parliamentary vs presidential, direct vs indirect elections, executive authority, presidential powers, fundamental rights, Islamic institutions, Supreme Judicial Council, referendum.
• Conclusion: 1956 was more democratic and representative; 1962 was more centralised and authoritarian.

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🧠 Self-Test Questions

1. Who framed the 1962 Constitution? When was it promulgated and enforced?
2. Why was the word "Islamic" dropped, and when was it restored?
3. Describe the qualifications, term and powers of the President under the 1962 Constitution.
4. Why was the President called "all in all"?
5. How was the National Assembly composed and elected?
6. What was the Supreme Judicial Council, and what was its role?
7. List the Islamic provisions and institutions of the 1962 Constitution.
8. Why were fundamental rights missing, and how were they added?
9. Give ten points of comparison between the 1956 and 1962 constitutions.

⚡ 60-Second Revision

Shahabuddin Commission (1 + 10) → promulgated 1 Mar, enforced 8 Jun 1962 • 250 articles, rigid (two-thirds + President) • "Republic of Pakistan" → "Islamic" by First Amendment 1963 • Urdu + Bengali • Federal with parity, 2 provinces • Presidential: PM abolished; President Muslim, 35+, 5 years, elected by 80,000 BDs; appoints Governors and ministers; ordinances; veto (override by two-thirds, then referendum); dissolves NA only at the cost of his office • Unicameral NA, 150 (75 + 75) + women • Indirect elections • Governors mirror the President • Supreme Judicial Council (first time) • Judicial review via First Amendment • Islamic: Objectives Resolution as Preamble, no law against Quran/Sunnah, Muslim President, Council of Islamic Ideology, Islamic Research Institute • Fundamental rights added 1963 • vs 1956: Constituent Assembly vs Commission; British vs American; parliamentary vs presidential; direct vs indirect; PM vs President; SJC, CII and referendum only in 1962

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Next lecture: the Yahya Khan regime (1969–1971).