Constitution of

1962
Group no:4
 Constitution
The term Constitution is derived from Latin
‘Constitute’ which means ‘to establish’.
“The basic principles and laws of a nation, state, or
social group that determine the powers and duties
of the government and guarantee certain rights to
the people in it. It also includes rights and duties of
citizens”.
 “The Constitution cannot
protect us unless we protect the
Constitution.”

—Thomas Sowell
 Background
 On 7 Oct 1958 General Ayub Khan assumed power. 
 He overrule the Constitution and the federal and
provincial cabinets were abolished.
 The national and provincial assemblies were also
abolished and martial law was imposed.
 Ayub Khan became the chief martial law administrator
 1st military government.
 Constitution Commission

 Investigating the reasons of failure of the parliamentary

system and Making for a new constitution.
 Constitution Commission under the supervision of
Justice Shahab-u-din.
 Commission submitted its report on May 6, 1961 and
Enforced on June 8, 1962,
 Entirely different from the one recommended by the
Shahab-u-din Commission.
 Farkhanda

Salient Features
Title of the State
The constitution of 1962 declared “The Republic of
Pakistan” as the country name. However, owing to the
public reaction, the word “Islamic” was included later
on. The full name of the country, thus became the
“Islamic Republic of Pakistan”.
Written Constitution
The Constitution of 1962 was a written document.
It consisted 250 Articles, which were divided into
12 Parts and 5 Schedules
Rigid Constitution
Amendment required 2/3 majority of Parliament
and authentication from President.
 Rabia

National Languages
Urdu and Bengali as National Languages.
English was declared as the official language of the
country for the first ten years.
Uni-cameral Parliament
Like 1956 Constitution, it also adopted single House
Parliament called the National Assembly. The
Senate did not exist under the new constitution. 
Fundamental Rights
Political and civil rights were given to people and these were
the standard rights which are given in democratic systems.
Right to speech
Right to organization
Right to movement
Protection of life
Freedom of religion
 Fatir

Form of Government
Instead of the Federal System, Presidential form
of Government was introduced for the first time
through the 1962 Constitution which meant
extensive powers for the President.
Basic Democracies
In 1962 Constitution a new system of basic democracies
was introduce. Basic Democrats were to be chosen by
people. The elected Basic Democrats constituted an
“Electoral College” which elected the President and
MNAs and MPAs.
 Madiha

Indirect Method of Election

The President was elected by an Electoral
College comprising 80,000 Basic Democrats,
equally distributed between the two
provinces.
Presidential System
A person could contest the election of the president if he had
the minimum age of 40 yrs. He should be a Muslim.
Powers of the president
President can dissolve the assemblies.
No court and legislature would challenge presidential orders.
The president could appoint and remove ministers and
provincial governors
 Shiza

The Principle of Parity

The 1962 of parity that is equal representation

between the East Pakistan and West Pakistan
was upheld in the 1962 Constitution. Both the
provinces would run their separate provincial
governments..
Provincial Governments 
There were two provincial governments. Each of
them was headed by a governor. He enjoyed powers
in the province which the President enjoyed in the
center. The Governor was empowered to appoint
provincial ministers with the sanction of the
President of Pakistan.
 Nisha

Legislation
The 1962 Constitution provided that the legislation
in Pakistan would be carried out in accordance with
the Shariah. All those laws which were contrary to
Islamic Principles would be amended in such a way
so as to bring them under Islamic Jurisdiction.
Minority Rights
In 1962 Constitution an adequate provision was made for
the minorities enabling them to observe their religious
rights and promote their culture without restrictions.
Role of Judiciary 
The Judiciary was responsible for the interpretation of laws
and executive orders in the light of the principles
embodied in a written constitution.
 Anamta
Islamic Law 
No Law would be passed against the teaching of
Quran and Sunnah and the existing laws would be
made Islamic in character.
Institute of Islamic research
The 1962 Constitution also provided for the
establishment of an Islamic Research Institution with
the aim of promoting, the study of Islamic History
and Fiqa and to carry out research in this regard.
In its short life of seven years, eight amendments
were made in the Constitution.
When Ayub Khan handed over power to Yahiya
Khan, Martial Law was enforced in the country and
the Constitution was terminated on March 25, 1969.
 Fatima

Reasons of Abrogation
Presidential Dictatorship
President was supreme authority.
Absence of Check and Balance
President of Pakistan was powerful and National
Assembly was powerless. President appoints the
ministers and ministers were not answerable to
National Assembly, they were accountable to President.
Lack of Provincial Autonomy
Provinces were not given autonomy. The
center was more powerful.
This clash of power failed the constitution.
Thank You!!
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