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    12 views2 pages

    Tayyab

    Uploaded by

    muhammad tayyab

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as txt, pdf, or txt
    of 2

    The 1962 Constitution of Pakistan was a significant document that defined the

    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.

    Presidential Form of Government:


    Unlike the parliamentary system under the 1956 Constitution, the 1962 Constitution
    introduced a presidential form of government. The President was to be elected
    indirectly by an electoral college composed of Basic Democrats, who were local
    councilors equally distributed between the two provinces¹².

    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.

    Source: Conversation with Bing, 4/13/2024


    (1) Constitution of Pakistan of 1962 - Wikipedia.
    https://en.wikipedia.org/wiki/Constitution_of_Pakistan_of_1962.
    (2) 1962 Constitution of Pakistan: Features and Causes of Failure.
    https://shahidhraja.medium.com/1962-constitution-of-pakistan-features-causes-of-
    failure-473d6e06037a.
    (3) Salient Features of 1962 Constitution of Pakistan - Study Lecture Notes.
    https://studylecturenotes.com/salient-features-of-1962-constitution-of-pakistan/.
    (4) Salient Features of 1962 Constitution of Pakistan.
    https://lawwithshaheen.com/salient-features-of-1962-constitution-pakistan/.
    (5) Constitution of 1962 - History Pak. https://historypak.com/constitution-of-
    1962/.

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