1)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.
2)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. 3)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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