The 1962 Constitution Flashcards
Background
Military took over on 7 October 1958 and consequently Ayub Khan became Chief Martial
Law Administrator. One major task was to frame a new Constitution
Constitution Making
Initiative: Basic Democracies introduced in October 1959
Structure: Forty Thousand basic democrats (local councilors) in each province
Roles: Local government functions, developmental work, electoral college for president and national assembly
Timeline: BD elections held in December 1959 and January 1960; Presidential referendum on February 17, 1960
Commission: Constitutional Commission established in February 1960, chaired by Justice Shahabuddin
Tasks: Examine causes of parliamentary system failure, recommend a new system considering people’s genius, education standards, internal conditions, and development needs
Report: Presented in May 1961, reviewed by two committees, leading to the drafting of the new Constitution
Enactment of the Constitution
Date: Constitution announced on March 1, 1962
Elections: National Assembly (NA) and Provincial Assemblies (PAs) held in April and May 1962
Enforcement: New Constitution enforced on June 8, 1962
Constitution Details: 250 articles, 5 schedules
Change: Martial Law withdrawn with the enforcement of the new Constitution
Salient Features - Title of the State
Title Options: Republic and Islamic Republic
Salient Features - Presidential System
President’s Qualifications: Muslim, at least 40 years old, qualified to be a member of NA
Election Method: Indirect elections for a five-year term
Reelection: Permitted with NA and PA approval after holding office for more than 8 years
Impeachment: Power given to the National Assembly, difficult to achieve
Dissolution: President could dissolve the NA but had to seek re-election
President’s Powers: Focal point of Executive, Legislative, and Judicial powers; Cabinet responsible to him; Key appointments made by the President; Issuing Ordinances
National Assembly (NA) Composition
Structure: Consisted of one house
Basis: Principle of parity between East and West Pakistan
Seats: 150 seats, 6 reserved for women
Membership Criteria: Minimum age limit of 25 years
Election Method: Indirect election
National Assembly (NA) Powers
Legislative Powers: Granted all powers of lawmaking
Presidential Ratification: President had the authority to sign, reject, or return the bill
Financial Powers: Limited to voting on new expenditure; could not reject Consolidate Fund List and Recurring Expenditure
Federalism and Provinces
Provinces: Two provinces - East Pakistan and West Pakistan
Subject List: Only one list of subjects - Central list
Governance: Governors were heads of provinces, governed with their cabinets
Control: Provincial governments directly under the control of the President
Central Power: Strong central government with a powerful President; emergency powers allowed direct control of provinces
Principles of Policy
Principles:
National solidarity observed
Interests of backward people looked after
Opportunities for participation in national life
Emphasis on education and well-being of people
Implementation of Islam in day-to-day life
Fundamental Rights
Inclusion: Provided in the constitution
Political Parties
Original Status: Not initially allowed
Intervention: Political Parties Act introduced in 1962
Islamic Provisions
Preamble: Objectives Resolution served as the preamble
Placement: Islamic provisions in Principles of Policy, not the constitution
Advisory Council for Islamic Ideology
Formation: Established in the constitution
Composition: 5-12 members
Role: Recommendatory body
Islamic Research Institute
Purpose: Designed for research and instructions in Islam
Objective: Assist in the reconstruction of Muslim society on truly Islamic lines
Constitution’s Duration
Enforcement: From June 8, 1962, to March 25, 1969
