1962 Constitution

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1962 Constitution
Promulgated on 23 March 1962. Consisted of 250 articles, arranged in 12 parts, short preamble in the beginning and three schedules attached at the end.

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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 the preamble of the Constitution; through which the principles of freedom,equality,tolerance,and social justice as enunciated by Islam, should be fully observed. Teaching of Islam and Holy Quran was to be made compulsory, unity and observance of Islamic moral standards were to be promoted among the Muslims of Pakistan.
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Proper organization of Zakat, Waqf and Mosques 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 National Assembly 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 for 5 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 Governors Chief Justice, Judges of High Court ,Commander in Chiefs of Army, Air Force, Navy and all major postings and Commissions.
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Master of Cabinet, could appoint and dismiss any 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 for refrendum,any bill passed by the assembly.
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Legislature

Uni-Cameral Legislature known as National Assembly 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 of consecutive 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 an offense within five years.

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Federal Structure

Comprised of two Provinces, East and West Pakistan. Principle of parity between two Provinces. Autonomy for Provinces, but central government 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 6 judges. 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 between Center 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 in relation to which it exercised jurisdiction to check 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 mentioned in the previous Constitution. The article of fundamental rights was limited and was not applicable in Tribal Areas and not to 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 with English acceptable in Government affairs. Two capitals, Islamabad would be the principal seat and Dhaka would be second Capital, the principal seat for Central Legislature. No new taxation without consent of National Assembly. Budgets once sanctioned would not be altered without permission of the President.

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Abrogation of Constitution

Constitution was abrogated on March 26,1969 when General Ayub Khan resigned and handed over the control of the Government to Yahya Khan, who declared Martial law and abrogated the Constitution.

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