Tayyab
Tayyab
political and legal framework of the country from 1962 until its abrogation in
1969. Here are the important features of the 1962 Constitution:
Federal System:
The Constitution established a federal system with a central government and
separate provincial governments for East and West Pakistan. It outlined the powers
and responsibilities of both the center and the provinces, with the Federal List
enumerating the central government's powers and all residuary powers given to the
provinces¹.
Rigidity:
The Constitution was rigid, consisting of 250 articles divided into thirteen
schedules. Amendments required at least a two-thirds majority in the parliament and
the President's authentication².
Islamic Provisions:
It included provisions to ensure that the laws were consistent with Islam. The
Constitution initially named Pakistan as the Republic of Pakistan, and after strong
agitation by religious groups, 'Islamic' was added to the name¹.
National Languages:
Urdu and Bengali were recognized as the national languages, reflecting the
linguistic diversity of the country².
Independence of Judiciary:
The Constitution aimed to ensure the independence of the judiciary, although the
extent of this independence in practice was subject to debate³.
Fundamental Rights:
It included fundamental rights such as the security of person, safeguards against
arrest and detention, prohibition of slavery and forced labor, protection against
retrospective punishment, and freedoms of assembly, association, speech, and
movement⁴.
Non-Representative Nature:
One of the criticisms of the 1962 Constitution was that it was not passed with the
consent of elected representatives. It was seen as the creation of a single person,
President Ayub Khan, which led to questions about its legitimacy⁵.
The 1962 Constitution was eventually abrogated by President Yahya Khan in 1969,
following the declaration of martial law. Despite its short lifespan, the
Constitution had a lasting impact on the constitutional and political history of
Pakistan. It was a product of its time, reflecting the political dynamics and the
quest for a balanced governance structure that could accommodate the diverse needs
of the country's two wings.