DEPARTMENT OF PAKISTAN STUDIES

FACULTY OF SOCIAL SCIENCES

SHAH ABDUL LATIF UNIVERSITY

KHAIRPUR

ASSIGNMENT PAPER
SUBMITTED TO:

MADAM: BAKHTAWAR JATOI

SUBJECT : POLITICAL CONSTITUTIONAL DEVELOPMENT OF

PAKISTAN(1947-1969 MAJOR)
SUBMITTED B Y:
SAJJAD A LI PAHORE
ROLL NO : BS-PS-0120-067
1ST YEAR, 1 ST SEMESTER
Q.1 Explain in detail the salient features of 1962 constitution and its failure?
Constitution of 1962:- After the military coup of 1958, Ayub Khan waited for some time with the
intention of paving public opinion in his favour. A legislative commission was established under
the leadership of Justice Shahaab-ud-din. The commission forwarded a report on 6th May 1961.
Justice ManzoorQadir designed and drafted the entire constitution. Ayub Khan with the help of a
presidential ordinance enacted the new constitution on 8th June 1962. 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.
Following are causes of failure of constitution of 1962.
Constitution given by one man
Absence of Check and Balance
Indirect Elections
Lack of Provincial Autonomy
Political Causes
Negation of Islamic Ideology
1965 War
Increase of Political Crises
Unpopular Presidential System
Presidential Dictatorship
Policy of Suppression of Fundamental Rights

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.
To conclude, it can be stated that main objective of constitution of 1962 was not to give nation a
real democratic constitution, but its objective was to keep military rule continued under its
umbrella. Although it worked for military regime, yet it failed to gain popularity among common
masses. Its unpopularity finally caused not only its failure, but also failure of its presidential
system.
2. Explain the history of constitution of 1956 and explain the Islamic provisions in
the constitution of 1956?
When Pakistan came into being, the Government of India act 1935 was adopted as an interim
Constitution with changes made to meet the requirements of the new state of Pakistan.
After assuming charge as Prime Minister, Chaudhry Muhammad Ali, along with his team,
worked day and night in order to give Pakistan a constitution. Due to his efforts, Pakistan’s status
as a dominion finished and the country was declared an Islamic Republic on March 23, 1956,
when the first constitution was enforced in the country. With this the Constituent Assembly of
Pakistan became interim National Assembly and Governor General Iskandar Mirza was sworn in
as the first President of Pakistan.

The Constitution of 1956 consisted of 234 articles, which were divided into 13 parts and 6
schedules. According to this Constitution Pakistan was named as Islamic Republic of Pakistan
and one of the main features of the Constitution was its Islamic character. The Islamic provisions
were contained in the directive principles of the State policy. Along with other Islamic provisions
in the Constitution, the president, who was required to be a Muslim with age not less than 40
years, was to set up an organization for Islamic research with the aim to establish a true Islamic
society. However, Objectives resolution was only made the preamble of the Constitution and was
not included in its main text.

The constitution vested the executive authority of the president in the Federation. The President
had the discretionary powers to make the appointment of the chairman and members of the
Election Commission, Delimitation Commission and Public Service Commission. He also had the
power to appoint Prime Minister from amongst the members of the National Assembly. However
his appointee has to take the vote of confidence from the assembly with in two months. The
President also had the power to remove the Prime Minister if he feels that the Prime Minister had
lost the confidence of the majority members of the National Assembly.
2. Constitution of 1956:
The constitution of 1956 was put in March 23 1956 and was abrogated because it could not
operate smoothly.
3. Salient features of the constitution of 1956:
The salient features of the constitution of 1956 are us under:
(i) Nature:
The of the constitution of 1956 is fundamentally British.
(ii) Uni-Cameral Legislature:
The central legislature consisted on one house only which was called the national assembly. No
second house was there.
(iii) Federal system:
According to the constitution of the federal system was introduced in the country.
(iv) Parliamentary system:
The constitution of 1956 provided parliamentary form of Govt. the prime minister enjoyed more
powers than president.
(v) Written:
The constitution of 1956 is written in form. it consisted 13 chapter, 234 sections and 5 schedules.
(vi) Freedom of judiciary:
The constitution of 1956 recognized the independence of judiciary. the supreme court of Pakistan
was entitled to explain and interpret the constitution.
(vii) Fundamental Rights:
Fundamental rights of the people were guaranteed in the constitution and these were to be
protected by the courts of law.
(viii) Rights of Minorities:
The constitution of 1956 protects the rights of minorities so that they may perform their religious
obligation freely.
(ix) Supremacy of Islamic laws:
In the constitution of 1956, Shariah was declared the basis for legislative system of Pakistan.
(x) Directive principles of the state policy:
The constitution laid down certain directive principles of state policy for the guidance of the
Government. they would serve simply as ideals which the state should strive to achieve.
(xi) Emergency powers of the president:
In the constitution of 1956 it was the discretion of the president to declare the emergency.
(xi) Emergency powers of the president:
In the constitution of 1956 it was the discretion of the president to declare the emergency.
(xii) Official Language:
Urdu and Bangla were made official languages of Pakistan. it was also declared English to remain
as office language for a maximum period 25 years.
(xiii) Name of The country:
The country was named as "Islamic republic of Pakistan" in the constitution of 1956.
(xiv) Islamic provisions:
The objectives resolution was included as a preamble of the constitution. Islam was the state's
religion.
(xv) Lengthy constitution:
The constitution of 1956 was a lengthy one. the reason for its being lengthy was that the framer
not only framed the fundamental principles but administrative details were also given.
(xvi) Party rigid:
The constitution of 1956 is partly rigid and partly flexible. the method of amendment was not
difficult.
(xvii) Presidential form:
The constitution of 1956 adopted certain features of presidential from of Government.
(xviii) Direct election:
In the constitution of 1956 the method of direct election was adopted in the country.
(xix) Single citizenship:
There was only single citizenship in the country.
5. Causes for the failure of 1956 constitution:
The constitution of 1956 was failed because it could not operate smoothly and the spirit of the
constitution was not respected by the rulers of the country.

(i) Lack of leadership:

Lack of leadership also played its role in the failure of the constitution.
(ii) Method of election:
The method of election which was adopted was falty. it was not finally decided on electorate
issue.
(iii) Leak of political training:
there was lack of political training in the country. they type of democracy introduced by the
constitution of Pakistan was aline to the people.
(iv) Role of political parties:
The role of political parties were not healthy as well as they were not well ordered and
disciplined.
(v) Lack of state parliamentary system:
The parliamentary system was not well developed in the country because it was not based upon
the principles which presence would crate a democratic society.
(vi) Non-Existence of economic equality:
Non-Existence economic equality in the country was also the main cause of the failure of the
constitution.
(vii) Weakness of the constitution:
While drafting the constitution, the backwardness of Pakistan was not taken into account but the
circumstances of the land of the foreign rulers were kept.
(viii) Undue interference of the head of the state:
Undue interference by the head of the state with the ministers and with the political parties
resulted the failure of the constitution.
(x) Feudalism:
The attempt to abolish feudalism was not at all made in the constitution of 1956.

To conclude I can say that; the constitution of 1956 was enforced on 23 March 1956. it provided
parliamentary from of Government. it was republic in character. president was elected in the joint
session of national assembly and provincial assemblies. the constitution was abrogated on
October 8 1958 because it could not operated in the country. he has such powers and function as
are conferred on him by the constitution and law.
3. What do you know about the Indian independent Act 1947 and explain

the salient features of this act.

Salient features of Indian Independence Act 1947
In order to give effect to the Plan of June 3, the British Parliament on July 18, 1947, passed an
Act known as the Indian Independence Act, 1947.

Lord Mountbatten reached India on March 24, 1947. As soon as he reached, he declared that he
will complete the work of transfer of power into the Indian hands within the next few months
and he held consultations with the Indian leaders for this purpose in the meanwhile the Indian
Independence Bill was presented before British Parliament on July 4, 1947 and was passed by
Parliament on July 18, 1947. The Act provided as under:-

1. The partition of India and the establishment of two dominions of India and Pakistan from
August 15, 1947. The dominion of Pakistan would include Provinces of Sindh, N.W.F.P the British
Baluchistan, east Bengal, West Punjab and the states which would accede to Pakistan. The act
also provided for the Legislature of the two dominions.

2. It conceded c9omplete cessation of British control over Indian affairs from August 14, 1947.
Thereafter the powers of the British Government and Parliament over the India and Pakistan
would cease altogether.

3. It provided for the creation of two constituent assemblies for two dominions. All powers were
to be vested in the constituent assembly of each dominion. Each constituent assembly thus
became the sovereign law-making body in each dominion with full powers to frame her
constitution in any way it might decide.

4. Both the dominions were given full right to decide whether to remain with the British
Commonwealth of Nations or to come out of it.

5. Until a new constitution was framed for each dominion, the Act made the existing constituent
assemblies the domination legislature for the time being. The assemblies were to exercise all the
powers which were formerly exercised by the central legislature. This was in addition to its
powers regarding the framing of new constitution.

6. Till the framing of the new constitution each of the dominions and all the provinces were to
the overfed in accordance with the government of India Act, 1935. Each dominion was
authorized to emend the government of Indian Act, 1935 under the Independence Act 1947.

7. The right of the King to veto laws or to reserve laws for his pleasure was given up. Under the
Independence Act of 1947, this right was given to the Governor-General. He was also given the
full right to assent in the name of his majesty to any law of the dominion legislature made in its
ordinary legislative capacity.
8. The act provide for the termination of the suzerainty of the crown over the Indian States. All
treaties, agreements, exercisable by his Majesty with regard to States and their rulers were to
lapse for 15 august, 1947. It was also provided that the existing arrangements between the
Government of Indian states were to continue pending the detailed negotiations between the
Indian states and the new dominions. The rulers of the dominion keeping in view the majority of
their population.

9. Agreement with the tribes of the North-Western frontier of India was to be negotiated by
successor dominion.

10. The office of the Secretary of state’s fro India was to be abolished and his work was to be
taken over by the secretary of the state for commonwealth affairs.

11. The title of “Emperor of India” was to be dropped from the royal style and titles of the King
of England.

12. All the Civil and Army servants were given full option to join either of the Dominion.
13. It was provided that for each of the new dominions there shall be a Governor-General who
shall be appointed by his majesty and shall represent his majesty for the purpose of the
Government of the dominions.