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    Tuesday, 10 February 2015

    Silent Feature of Constitution 1962


    Introduction
    Pakistan came into being 1947 after many sacrifices. After independence of Pakistan, Pakistan has been governed the Government of India Act 1935. Constitution history of Pakistan is very unfortune. For Example, its second constitution was enforced in 1962, but it ended 1969 when martial law imposed. The 1962 constitution was drafted by a team appointed by Ayub Khan. All work was done secretly and then all of sudden constitution was enforce in the country.

    Constitution of 1962
    The constitution of 1962 was enforced on June 8, 1962. This constitution was forcibly given to the people.


    Salient Features of 1962 Constitution

    Following are the salient Features of the Constitution 1962.

    (i) Written Constitution
    Constitution of 1962 was a written document.  It consisted of 5 Schedules and 250 Articles.

    (ii) Rigid Constitution
    Constitution of 1962 was a rigid constitution, procedure to amend this constitution was complicated. Any amendment to this constitution required not only at least 2/3 majority of Parliament but also authentication from President.

    (iii) Name of the Country
    Constitution of 1962 was declared Pakistan as Democratic Islamic Republic of Pakistan.

    (iv) National Language
    Under constitution of 1962, Urdu and Bengali as National Languages.

    (v) Islamic Provisions
    Many Islamic Provision was introduced in constitution of 1962 and decided that no law will be made which against the injunction of Islam.

    (vi) Unicameral Legislature
    Constitution of 1962 was Provided unicameral legislature which was based on just national assembly.

    (v) Presidental Form of Govt
    Constitution of 1962 introduced Presidential form of Govt in such form of Govt President was made head and he possessed Power to appoint ministers of his cabinet.

    (vi) Freedom of Judiciary
    Freedom of Judiciary was introduced that supreme Court would interpret the constitution.

    (vii) Fundamental Rights
    The constitution of 1962 grants certain fundamental rights to the citizens of Pakistan. These are basic human rights which cannot be taken away even by legislation in normal circumstances.

    (viii) Islamic Ideology Council
    The constitution of 1962 provided for the establishment of Islamic Ideology Council.

    (ix) Emergency Provisions
    The president had the power to proclaim the emergency when the integrity or the sovereignty of Pakistan was threathened.

    (x) Rule of Law
    The constitution also provided equal protection of law to all and no person can be deprived of life saves in accordance with law.

    (xi) Powers of President
    Under constitution of 1962, President was really powerful. He could exercise all the executive authority. All ministers were accountable to him alone. President not only appointed provincial Governors, but also appointed all important officials. President also possessed certain legislative, military and judicial powers. Even he had power to issue an ordinance and to veto legislation.

    (xii) Restrictions against Office of President
    Constitution of 1962 provided some restrictions against office of President. For instance, President was not allowed to hold any office of profit in the services of Pakistan.

    Conclusion
    To conclude, it can be stated that constitutional history of Pakistan reveals that there has been a political conflict between its main political parties to gain power in one way or other way, and such political conflict has often led the country to political anarchy. And constitutions of Pakistan have been either abrogated or suspended in such political anarchy. As far as constitution of 1962 was concerned, initially nation always considered it as a gift from a dictator, and, later on, such political anarchy caused its suspension and replacement by constitution of 1973.
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    Item Reviewed: Silent Feature of Constitution 1962 Rating: 5 Reviewed By: Usman Ali
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