INTRODUCTION
Ayub Khan took oath as President of Pakistan on 18″ February 1960. Soon after, he formed a ten-member constituent Committee. The committee developed a constitutional script. Ayub Khan, as President of Pakistan, approved and implemented this. The constitutional hand was, therefore, formed. This was a presidential constitution. It had 250 clauses, five headings, and eight amendments.
MEANINGS OF THE CONSTITUTION
According to Black’s Law Dictionary,
“The fundamental and organic law of a nation or state that establishes the institution and apparatus of government”
DEFINITION OF CONSTITUTION
According to Aristotle,
The Constitution is the way of life the state has chosen for itself.
According to Merriam-Webster,
Constitution is a set of fundamental principles and laws of a nation, state, or social group that determine the powers and duties of a government and guarantee certain rights to the people in it.
TYPES OF CONSTITUTION
There are two types of constitutions:
- Written Constitution
- Unwritten Constitution
SOURCES OF CONSTITUTION
- Act of 1935) Objective Resolution.
- Constitution of 1956
SALIENT FEATURES OF THE CONSTITUTION
Following are the salient features of 1962
- Written Constitution
- Rigid Constitution
- Democratic republic
- Islamic ideology
- Islamic ideology council
- Unicameral
- Basic Democracies
- Independence of Judiciary
- Rights of minorities
- Islamic Way of Life
- Principles of Policy
- National language
- Elimination of non-Islamic practices
- Extra Ordinary Powerful President
- Emergency Provision
- Rule of Law
- Amendment Procedure
1. WRITTEN CONSTITUTION
The Constitution of 1962 was a written document of fairly great length. The Constitution of 1962 was comprised of 250 articles and five schedules. It was thus somewhat of great size as compared to the Constitution of 1956.
2. RIGID CONSTITUTION
In the Constitution of 1962, the method of amending the Constitution was different than that of making the law. That is why we call the Constitution of 1962 a rigid constitution.
3. DEMOCRATIC REPUBLIC
The Constitution made it clear in the preamble that Pakistan would be a democratic Republic.
4. ISLAMIC IDEOLOGY
The Constitution of 1952 embodied the spirit and purpose of Islamic ideology. The Islamic characteristics of the Constitution were reflected in the provisions embodied in the preamble and principles of policy.
5. ISLAMIC IDEOLOGY COUNCIL
The Constitution of 1962 provided for the establishment of the Islamic Ideology Council.
6. UNICAMERAL
The Constitution of 1962 adopted a single-house parliament known as the National Assembly. The parliament consisted of the president and the National Assembly.
7. BASIC DEMOCRACIES
The new system of basic democracies was introduced in the Constitution of 1962. The Elected Basic Democrats members constituted an “Electoral College” that elected the president.
8. INDEPENDENCE OF JUDICIARY
The 1962 constitution gave the Judiciary many powers and recognized the Independence of the Judiciary.
9. RIGHTS OF MINORITIES
Minorities were given rights, which the Constitution also protected.
10. WAY OF LIFE
The Shariah was declared the basis for the legislative system of Pakistan. It was said that the Islamic way of life shall be adopted.
11. PRINCIPLES OF POLICY
The principles of policy were incorporated in the Constitution of 1962.
12. NATIONAL LANGUAGE
Urdu and Bangla were declared two national languages of Pakistan.
13. ELIMINATION OF NON-ISLAMIC PRACTICE
All those practices contrary to Islamic teachings, such as gambling, prostitution, intimidation, and adultery, would be eliminated from society.
14. EXTRAORDINARY POWERFUL PRESIDENTS
The president of Pakistan, under the 1962 constitution, exercised extraordinary powers. He was the head of state as well as the Government. He could appoint any Minister and remove him any time he wished. All the laws made by the parliament required the permission of the president to become enslaved; he enjoyed extensive executive powers.
15. EMERGENCY PROVISIONS
The president had the power to proclaim an emergency when the integrity of the sovereignty of Pakistan was threatened.
16. RULE OF LAW
The Constitution also provided equal protection of the law to all, and no person can be deprived of life save by the law.
17. AMENDMENT PROCEDURE
The 1962 Constitution provided a rigid procedure for the amendment. A bill to amend the Constitution, after having been passed by the votes of not less than two-thirds of the total membership of the house, was presented to the president for his assent. If the president did not give his approval within thirty days, it was considered to have been assented by the president.
CAUSES OF FAILURE OF THE 1962 CONSTITUTION
The reasons for the Failure of 1962 are the following.
- The One Man gave the Constitution
- Presidential Dictatorship
- Absence of the system of checks and balances
- Indirect Elections
- Lack of Provincial Autonomy
- Negation of Fundamental Rights
- Political Causes
- Negation of Islamic Ideology
- System of Basic Democracies
- Unjust Distribution of powers between the centre and Provinces
- 1965 War
- General Strikes
- Increase of Political Crises
- Dead Locks and Conflicts
- Misuse of Power
1. CONSTITUTION GIVEN BY ONE MAN
One man gave the Constitution of 1962. It was forcibly imposed on the country.
2. PRESIDENTIAL DICTATORSHIP
The Constitution of 1967 set up a presidential dictatorship in the country but failed.
3. ABSENCE OF THE SYSTEM OF CHECKS AND BALANCES
The system of checks and balances was absent in the Constitution of 1962.
4. INDIRECT ELECTIONS
The method of Elections in the Constitution of 1962 was indirect. It was not proper for a country like Pakistan.
5. LACK OF PROVINCIAL AUTONOMY
Provinces were not given autonomy. The centre was more powerful. This clash of power failed the Constitution.
6. NEGATION OF FUNDAMENTAL RIGHTS
The concept of fundamental rights was absent in the original Constitution but was included later.
7. POLITICAL CAUSES
There were many political causes for the failure of the Constitution, for example, the non-existence of political consciousness as well as the negative attitude of political parties
8. NEGATION OF ISLAMIC IDEOLOGY
The 1962 constitution promised to propagate an Islamic way of life in Pakistan so that Muslims could proceed with their lives according to the Holy Quran and Sunnah, but practically, it failed
9. SYSTEM OF BASIC DEMOCRACIES
The Constitution of 1962 introduced a system of basic democracies, but this was the most complicated and undemocratic.
10. UNJUST DISTRIBUTION OF POWERS BETWEEN CENTER AND PROVINCES
The Distribution of power between provinces and centres was not just. In 1965, Muhammad Ayub Khan’s era, Pakistan fought a war with India.
11. 1965 WAR
The 1965 war was upon the country’s economy, which created hatred among the people against Muhammad Ayub Khan’s Government.
12. GENERAL STRIKES
General strikes in the country badly affected the economy of the country.
13. INCREASE OF POLITICAL CRISES
The political crises raised their heads, which reflected that people were no longer satisfied with Muhammad Ayub Khan’s poles.
14. DEADLOCKS AND CONFLICTS
During Muhammad Ayub Khan’s regime, there were deadlocks and conflicts among politicians, which led to the collapse of the Presidential Government.
15. MISUSE OF POWER
President misused the Constitution’s powers conferred on him, leading to his collapse.
ABROGATION OF THE CONSTITUTION OF 1962
The Constitution of 1962 was abrogated on 25 March 1969 by Army Chief Muhammad Yahya Khan.
FINAL REMARKS
The Constitution of 1962 introduced a significant change in the emmental system of Pakistan. It provided a Presidential form of Government. The method of election was against. It adopted policy principles and was independent of the Judiciary, but this Constitution failed because it was against the people’s wishes.
REFERENCES
- Pakistan Studies by Waqar Ahmad Cheema
