3. Introduction
The Constitution of 1962 was the fundamental law of Islamic
Republic of Pakistan from June 8,1962 until martial law was
declared in March 1969. It was abrogated in the same year by
president Yahya Khan.
3
4. On 17 February 1960 Ayub Khan appointed a commission to
report on the future political framework for the country. The
Commission was headed by the former Chief Justice of Pakistan,
Muhammad Shahabuddin. 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.
4
8. 3. Name of the country
The constitution of 1962 declared “The Republic of Pakistan” as
the country name. However, owing to the public reaction, the
word “Islamic” was included later on. The full name of the
country, thus became the “Islamic Republic of Pakistan”.
8
9. 4. Form of Government
Instead of the Federal System, Presidential form of Government
was introduced for the first time through the 1962 Constitution
which meant extensive powers for the President.
9
10. 5. Uni-cameral Parliament
Like 1956 Constitution, it also adopted single House Parliament
called the National Assembly. The Senate did not exist under the
new constitution.
10
11. 6. Basic Democracies
In 1962 Constitution a new system of basic democracies was
introduced. Basic Democrats were to be chosen by people. The
elected Basic Democrats constituted an “Electoral College” which
elected the President and MNAs and MPAs. Thus, the indirect
election system was adopted in 1962 Constitution.
11
12. 7. Independence of Judiciary
Though the 1962 Constitution had ensured complete freedom of
judiciary, the authority of appointment and transfer of Judges
rested in the President. Moreover, both the Supreme Court and
the High Courts could not start proceedings of a case on their
own.
12
13. 8. Minority Rights
In 1962 Constitution an adequate provision was made for the
minorities enabling them to observe their rights/religious rites
and promote their culture without restrictions.
13
14. 9. Legislation
The 1962 Constitution provided that the legislation in Pakistan
would be carried out in accordance with the Shariah. All those
laws which were contrary to Islamic Principles would be
amended in such a way so as to bring them under Islamic
Jurisdiction.
14
15. 10. National Language
In 1962 Constitution Urdu and Bengali were recognized as the
two national languages of Pakistan.
15
16. 11. The Principle of Parity
Equal representation between the East Pakistan and West
Pakistan was upheld in the 1962 Constitution.
16
17. 12. Establishment of Islamic Ideology
Council
The Constitution of 1962 provided for the establishment of
a Council of Islamic Ideology comprising religious scholars
as its members. The objective of the council was to identify
non-Islamic laws and bring them in accordance with the
Shariah.
17
19. 19
The Constitution laid down simply that the state of Pakistan shall
be an Islamic republic under the name of “Islamic Republic of
Pakistan”.
Only a Muslim could be qualified for the election as president.
20. According to the principles of policy, steps were to be taken to
enable the Muslims of Pakistan individually and collectively, to
order their lives in accordance with 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.
20
21. Teaching of the Quran and Islamiyat to the Muslims of
Pakistan was made compulsory.
Proper organization of Zakat, waqf, and mosques was
ensured.
21
22. Practical steps were to be taken to eradicate what were seen
as social evils by Islam, such as the use of alcohol, gambling,
etc.
The state should endeavor to strengthen the bonds of unity
among Muslim countries.
22
24. The second martial law was imposed on 26 March 1969, when
President Ayub Khan abrogated the Constitution of 1962 and
handed over power to the Army Commander-in-Chief, General
Agha Mohammad Yahya Khan. On assuming the presidency,
General Yahya Khan acceded to popular demands by abolishing
the one-unit system in West Pakistan and ordered general
elections on the principle of one man one vote. This resulted in
destruction of national unity (chiefly by politicians) and eventual
the separation of East Pakistan.
24