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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