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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