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Constitution of Pakistan of 1962

The Constitution of 1962 was the fundamental law of Republic of Pakistan from 8 June 1962 until martial law was declared in 25 March 1969. It was abrogated on 25 March 1969 by President Yahya Khan.[1]

Background[edit]

Pakistan became an independent state in 1947. The first document that served as a constitution for Pakistan was the Government of India Act, 1935. The first Pakistani Constituent Assembly was elected in 1947 and after nine years adopted the first indigenous constitution, the short-lived Constitution of 1956. In October 1958, President Iskander Mirza abrogated the constitution. Shortly afterwards General Ayub Khan deposed Iskandar and declared himself president.[2]


From 1958 to 1961, special commissions were established to study various aspects of national life, resulting in reforms across land tenure, the legal system, administration, and education.[3] On 17 February 1960, Ayub Khan appointed a commission to report on the future constitutional framework for the country. The commission was headed by the former Chief Justice of Pakistan, Muhammad Shahabuddin, and had ten other members, five each from East Pakistan and West Pakistan, composed of retired judges, lawyers, industrialists and landlords. The report of the Constitution Commission was presented to President Ayub on 6 May 1961 (according to some writers report was presented on 29 April 1961)[4] and thoroughly examined by the president and his Cabinet. A significant development was the creation of a uniform local government structure through a presidential order on October 27, 1959, which led to a referendum authorizing President Ayub to draft a new constitution.[3]


In January 1962, the Cabinet finally approved the text of the new constitution. It was promulgated by President Ayub on 1 March 1962 and finally came into effect on 8 June 1962.[3] The Constitution contained 250 articles divided into twelve parts and three schedules. With the enforcement of this Constitution after 44 months, martial law came to an end.

The preamble of the Constitution of 1962 was based on the Objectives Resolution.

The Constitution laid down simply that the state of Pakistan shall be an Islamic republic under the name of the Republic of Pakistan.

According to the principles of policy, steps were to be taken to enable the Muslims of Pakistan individually and collectively, to order their lives following the fundamental principles and basic concepts of Islam, and should be provided with facilities whereby they may be enabled to understand the meaning of life according to those principles and concepts.

No law shall be enacted which is repugnant to the teachings and requirements of Islam as set out in the Qur'an and Sunnah and all existing laws shall be brought in conformity with the Qur'an and Sunnah.

Only a Muslim could be qualified for the election as president.

Teaching of the Quran and Islamiyah to the Muslims of Pakistan was made compulsory.

Proper organization of , waqf, and mosques was ensured.

Zakat

Practical steps were to be taken to eradicate what was seen as social evils by Islam, such as the use of alcohol, gambling, etc.

A novel Islamic provision in the 1962 Constitution had introduced an Advisory Council of Islamic Ideology to be appointed by the president. The functions of the council were to make recommendations to the government as to means which would enable and encourage the Muslims of Pakistan to order their lives by the principles and concepts of Islam and to examine all laws in force to bring them into conformity with the teachings and requirements of Islam as set out in the Qur'an and Sunnah.

There shall be an organization to be known as Islamic Research Institute, which shall be established by the president. The institute's function was to undertake Islamic research and Instruction in Islam to assist in the reconstruction of Muslim society on a truly Islamic basis.

The state should endeavour to strengthen the bonds of unity among Muslim countries.

Demise[edit]

The second martial law was imposed on 25 March 1969 by General Agha Mohammad Yahya Khan, after General Ayub Khan handed over power to the army commander-in-chief, and not the speaker of National Assembly as laid down by the constitution. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan on 1 July 1970 and ordered general elections on the principle of one man one vote. The first-ever general elections were held in December 1970, however, the government was not transferred to the Awami League Elections. This resulted in the destruction of national unity and eventually, the separation of East Pakistan was fought.

Chronology of the Constitution[edit]

1959: The Basic Democracy (BD) was introduced through the Basic Democracy Order.


1960 February 17: General Ayub Khan appointed a constitution commission under the supervision of Shahabuddin.


1961 May 6 (some claim April 29): Constitutional Commission submitted its report to the President.


1962 June 8: Ayub Khan enforced the constitution.


1969 March 25: Constitution of 1962 was abrogated by General Yahya Khan.[5]

History of Pakistan

Politics of Pakistan

Constitution of Pakistan of 1956

Constitution of Pakistan