Introduction

After the military coup of 1958 by General Ayub Khan, he became the head of Pakistan. Ayub Khan waited for some time and decided to make a new legislation. For this, a legislative commission was made under the supervision of Justics of Shahaab-ud-Din. Justice Manzoor Qadir drafted the complete constitution and forwarded the draft report on May 6^th, 1961. Later on, on June 8^th, 1962 General Ayub Khan enforced the new constitution in Pakistan.

Salient Features / Important Features of the Constitution of 1962 of Pakistan

1. Written Constitution
   • The 1962 Constitution was a written constitution, means it was passed by the parliament.
2. National Language
   • Urdu and Bengali were declared as the national languages of Pakistan in the 1962 constitution.
3. Form of Government
   • In the 1962 constitution, the form of government was a presidential form of government.
4. Unicameral System of Government
   • There would be only one house at the center (National Assembly), with an equal number of representatives from each province.
5. Basic Human Rights
   • The basic human rights were guaranteed in the Constitution for all the citizens of Pakistan, without any discrimination of caste, creed, or color.
6. Preamble of 1962 Constitution of Pakistan
   • Objectives Resolution was made as the preamble of the 1962 constitution.
7. Islamic Republic of Pakistan
   • After the First Amendment, the name of the country was made the Islamic Republic of Pakistan.
8. No Un-Islamic laws
   • It was stated in the constitution that no law would be accepted against the Quran and Sunnah.
9. A Muslim head of the State
   • In the constitution, it was written that the head of the State must be a Muslim.
10. Friendly Relations with the Muslim World
    • The head of the State would maintain unity and friendly relations with other Muslim countries.
11. Role of Judiciary
    • The judiciary will be independent, and the judiciary will interpret the law and give judgments following the constitution. The judges of the High courts will be appointed by the president with the advice of the Chief Justice.

Click here to read about the 1956 constitution of Pakistan.

Causes of Failure of the 1962 Constitution of Pakistan

1. One man constitution
   • It was given by one man to legalize the undemocratic actions of General Ayub Khan.
2. The power of the National Assembly was limited
   • It granted vast powers to the president but the powers of the National Assembly were limited.
3. Weak check and Balance
   • Check and balance was absent from the constitution of 1962 because the national assembly was provoked. It could not check and balance the actions of the President.
4. Indirect Elections
   • The election for members of the National and Provisional assembly was indirect. People did have the power to select their representatives.
5. Restrictions over the Political Parties
   • Many restrictions were imposed on the political parties. They were not allowed to express their point of view and promote their agenda.
6. Demand for four Provinces
   • The constitution merged the four provinces into One Unit, but people of the Pakistan were not happy with this act of government. They started protesting and demanded four provinces in West Pakistan.
7. Unpopular Constitution
   • It was unpopular among the masses. It did not reflect the true spirit of people. It was a one-man show.

Conclusion

To conclude, it can be stated that the constitutional history of Pakistan has been a conflict between the head of the State and the head of government. The Constitution of 1962 was a one-man show. It deprived the people of their political fundamental rights and their representatives.

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Test Your Knowledge

Hello Reader! I hope this article finds you helpful in your preparation. Now check your knowledge by giving the answers to the following questions below.

• What do you know about the 1962 Constitution of Pakistan? Explain it.
• What are the salient features of the 1962 Constitution?
• Write down the causes of failures of the 1962 constitution.