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    Thursday, 12 February 2015

    Failure of Constitution of 1962


    Introduction
    History of Constitution of Pakistan is very unfortune. Pakistan come into being 1949 after many sacrifices and the first constitution of 1956 was enforced 23 March 1956. But unfortunately it was abrogated in 1958. After abrogated constitution of 1956, the Ayub Khan appointed a team to drafted a constitution. The constitution of 1962 was enforced in 1962, but it lasted until 1969 when martial law was imposed.



    Cause of Failure of Constitution of 1962

    Following are causes of failure of constitution of 1962.

    Constitution given by one man
    The constitution of 1962 was given by one man. In fact, it was framed to legalize undemocratic military regime. Under its Presidential system, President was granted vast power while power of national assembly was limited. So, that’s a fact to cause of failure of constitution of 1962.

    Absence of Check and Balance
    The system of check and Balance was absent in the constitution of 1962 because the President of Pakistan made powerful and made National Assembly powerless. President appoints the ministers and ministers were not answerable to National Assembly, they were accountable to President.

    Indirect Elections
    The method of election of President, members of National Assembly and Provincial Assembly in the constitution of 1962 was indirect. It was not proper for the country like Pakistan.

    Lack of Provincial Autonomy
    Provinces were not given autonomy. The center was more powerful. This clash of power failed the constitution.

    Political Causes
    There were many political causes for the failure of the constitution for example non-existence of political consciousness as well as negative attitude of political parties.

    Negation of Islamic Ideology
    The 1962 constitution promised to propagate an Islamic way of life in Pakistan so that Muslim could proceed with their lives according to Holy Quran and Sunnah but practically it was failed.

    1965 War
    In 1965 in Muhammad Ayub Khan’s era Pakistan fought war with India. The 1965 war told upon the economy of the country, which created hatred among the people against the Muhammad Ayub Khan’s Government.

    Increase of Political Crises
    The political crises raised their heads, which reflected that people were no longer satisfied with the Muhammad Ayub Khan’s policies.

    Unpopular Presidential System
    Usually constitutions are adopted by parliament, referendum or conventions. Contrary to this, constitution of 1962 was adopted and enforced in such way. In fact, it was a gift from a dictator, and it imposed presidential system against norms of democracy. Therefore, its presidential system remained unpopular and proved a failure.

    Presidential Dictatorship
    In constitution of 1962, absence of separation of powers and granting of extensive powers to President revealed that presidential system of this constitution was just another form of presidential dictatorship. Such presidential dictatorship caused failure of presidential system of constitution of 1962.

    Policy of Suppression of Fundamental Rights
    Although fundamental rights were made part of constitution of 1962 through its first amendment, yet presidential government practically never recognized and accepted them. In fact, policy of suppression of fundamental rights was adopted. Such policy finally caused failure of presidential system of constitution of 1962.

    Conclusion

    To conclude, it can be stated that main objective of constitution of 1962 was not to give nation a real democratic constitution, but its objective was to keep military rule continued under its umbrella. Although it worked for military regime, yet it failed to gain popularity among common masses. Its unpopularity finally caused not only its failure, but also failure of its presidential system.
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    Item Reviewed: Failure of Constitution of 1962 Rating: 5 Reviewed By: Usman Ali
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