Kinnaird College for Women University

Constitutional Development of Pakistan

Assignment no.2
Submitted by: Zoya Ashraf
Submitted to: Miss Amna Iqbal
Date: Friday, 13th Oct, 2023
Q: Discuss and compare the significant differences between the 1956 and
1962 Constitution of Pakistan.

Ans: The first constitution of Pakistan was drafted 9 years after its independence in 1956.
The constitution enforced a parliamentary system. However, it was soon abrogated in 1958.
The second constitution was enforced in 1962. It enforced presidential system. Keep in mind
that Pakistan had no actual constitution until it became an Islamic Republic in 1956. The first
constitution that came into effect until 1956 was the Act of India Legislation, passed at the
time of the British Raj. The Pakistani Legislative Assembly made Constitution was more
Islamic but at the same time not too Islamic, as some Islamic Laws were implemented as
Pakistan was and is a Muslim Majority country. The second one is similar but a new
Government system was made. The constitution of 1956 was generally based on Government
of India Act 1935 and Constitution of 1962 introduced presidential form of Government.

The 1956 Constitution of Pakistan was enforced in the country on 23rd March 1956. The
Constitution was a written and flexible. It explained the fundamental rights of the individual.
It included of 234 articles, which were divided into thirteen parts and six schedules. The
Constitution proposed a parliamentary form of government. The main composition of the
government was similar to the One Unit in the Centre. The pattern of government was the
same as adopted by the government of India. There were federal, provincial and concurrent
lists of subjects The Constitution of 1956 provided a parliamentary form of government in the
country, where executive power remained with cabinet that was collectively responsible to
the legislature. The cabinet was presided over by the Prime Minister of Pakistan. The
constitution declared that there would be only one house of parliament known as the National
Assembly and equal opportunity will be given to the East and West Pakistan. The title of
Governor General was replaced with the title of President. The President of Pakistan was to
be elected by the Electoral College that composed of members of National and Provincial
Assemblies.

Salient Features of the 1956 Constitution

1. The Objectives Resolution was included as introductory part of the constitution.

2. One of the main features of the Constitution was its Islamic character. The president,
who was required to be a Muslim of at least 40 years of age he was to set up an
organization for Islamic research with the aim of establishing a true Islamic society.
The Objectives Resolution was, however, only made the preamble of the Constitution
and not included in its main text.
3. Prime Minister was to be the leader of parliamentary party and indirectly elected for
five years. He could choose his cabinet from the members of the National Assembly.
The cabinet was answerable to the assembly
4. The Constitution of 1956 provided for parliamentary form of government with a
unicameral legislature. The Constitution recognized the concept of One Unit, and the
seats were divided equally between the two wings of the country. Thus the principle
of parity was introduced. For the first ten years, five additional seats were reserved for
 women for each wing. National Assembly was to meet at least twice a year with at
least one session at Dhaka. The Constitution offered direct elections under adult
franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in
the elections.
5. The constitution provided for a federal system of government in the country and
power divided between the centre and provinces.
6. The fundamental rights included freedom of movement, freedom of speech and
expression, freedom to choose profession and freedom to confess religion, right to
life, liberty and property.
7. Urdu and Bengali were declared as national languages.

Impact:

The formation of 1956 constitution of Pakistan was based on India Act of 1935. The
Constituent Assembly passed the constitution on 29th February 1956.The constitution
allowed the parliamentary form of government and enforced it in the country on 23rd March
1956. The constitution was written and flexible. The constitution could be changed by at least
two third majority of the parliament. The causes for the failure of constitution was that there
were a political conflict between head of state and head of government and such type of
political conflict has time and again led the country to political anarchy. The constitution of
1956 was abrogated on basis of political disorder. As far as constitution of 1956 was
concerned, it consisted of some positive characteristics, but such political anarchism caused
its abrogation. Although it had Islamic provisions such as the name was to be Islamic
republic of Pakistan, Objective Resolution to be part of constitution, Islamic law, Muslim
President, Religious Freedom and so on.

1962 Constitution

On 17th February 1960, General Muhammad Ayub Khan appointed a commission to prepare
the draft of new constitution. The commission was headed by the former Chief Justice of
Pakistan, Muhammad Shahab-ud-Din and ten (10) other members. Five (05) members were
equally chosen from each Wing of Pakistan. The member’s belonged to different institutions
including the retired judges, lawyers, Industrialists and landlords. On 6th May 1961, the
commission presented its draft to General Muhammad Ayub Khan President of Pakistan. The
draft of 1962 constitution was thoroughly assessed by General Muhammad Ayub Khan. The
cabinet approved the new document of Pakistan. Subsequently the draft of constitution was
passed by the President of Pakistan on 11th March 1962. On 08th June 1962, the new
constitution of Pakistan was enforced in the country. The constitution comprised 250 articles,
twelve (12) parts and three schedules.

3.1. Salient Features:

1. It advocated presidential form of government with absolute powers vested in the

President. The President was to be a Muslim not less than 35 years of age. The term
of the President was for five years and nobody could hold the post for more than two
consecutive terms. He also had power to appoint Provincial Governors, Federal
Ministers, Advocate General, Auditor General and Chairmen and Members of various
administrative commissions .
2. The Constitution of 1962 provided for a unicameral legislature. The National
Assembly was to consist of 156 members, including six women. The Eighth
Amendment later increased this number to 218. The norm was established that if the
President was from West Pakistan, the Speaker was to be from East Pakistan and vice
versa. One of the major achievements of this Assembly was the passage of Political
Parities Act, 1962.
3. National Assembly at the centre and the Provincial Assemblies in the Provinces. The
Legislatures, both at centre and in provinces were unicameral. The Federal system had
been curtailed by allowing the Provincial Governors to be appointed directly by the
President. All executive authority of the Republic of Pakistan, under the Constitution,
vested in the office of the President. President appointed his Cabinet members who
were directly responsible to him.
4. All the executive authority was vested in the President who was unanimously
responsible for the business of the central government.
5. National Assembly had all the powers of law making but law was to be finally ratified
by the president. President could sign, reject or return the bill.
6. Islamic clauses were included in the Constitution. These could not be challenged in
any court of law. The state was named the ‘Republic of Pakistan’, but the first
amendment added the word "Islamic" to the name. The word "Islam" and not "Quran
and Sunnah" was used in the Islamic clauses to give a liberal touch to the
Constitution.
7. Urdu and Bengali were made national languages and English was declared as official
language of the country for 10 years.
In conclusion, Constitution of 1956 and 1962 were different from each other, one focused on
parliamentary from of government while the other focused on presidential form of
government. The 1962 Constitution institutionalized the intervention of military in politics by
providing that for twenty years, the president or the defense minister must be a person who
had held a rank not lower than that of lieutenant-general in the army. The president was
elected independently of the legislature and had a direct mandate from the executive
functions of government. While making the 1962, Constitution there were arguments whether
there was a difference of opinion whether the 1956-Constitution, which was of Parliamentary
pattern, was a success or failure. Some argued that it failed, but most of the old politicians
were of the opinion that the system was not given a fair trial and not experimented with
honesty and sincerity. The party-in-power at the Center was desperate to maintain its position
instead of giving a fair trial to the parliamentary institutions. In my view, both constitutions
were not given enough time to evolve, they were abrogated in the beginning but the third
constitution changed that by adding the clause that no one shall change the constitution. In
the end, both constitutions faced abrogation and martial law since country was once again in
a state of chaos. I believe Pakistan needs presidential form of government. Instead of
governors and chief ministers as heads of the government in provinces, there should be only
governors. But basic flaw is administrative as management of big provinces is nuisance.
There should be at least 36 provinces and territories of Pakistan governed by a governor. This
will cut the administration expenditures and people will have easy access to check with local
governments for the resolution of their problems.