Key Features of the 1956 and 1962 Constitutions of Pakistan

Pakistan gained independence in 1947 after significant sacrifices. Initially, the Government of India Act 1935 served as the governing document. However, Pakistan’s constitutional history has been turbulent. The second constitution, enacted in 1962, was drafted by a team appointed by Ayub Khan and enforced abruptly. It lasted until 1969 when martial law was imposed.

(i) Written and Rigid: The 1962 Constitution was a comprehensive written document with a complex amendment process requiring a two-thirds majority in Parliament and presidential authentication.

(ii) Islamic Republic: The constitution declared Pakistan as the “Islamic Republic of Pakistan” and incorporated Islamic provisions, ensuring no laws contradicted Islamic principles.

(iii) Unicameral Legislature: It established a unicameral legislature consisting solely of the National Assembly.

(iv) Presidential System: A presidential form of government was introduced, with the President as head of state possessing significant executive powers, including appointing ministers and officials.

(v) Independent Judiciary: The constitution ensured judicial independence, empowering the Supreme Court to interpret the constitution.

(vi) Fundamental Rights: Citizens were granted fundamental rights, including basic human rights protected from legislative infringement.

(vii) Islamic Ideology Council: An Islamic Ideology Council was established to advise on Islamic matters.

(viii) Emergency Provisions: The President held the authority to declare a state of emergency in case of threats to Pakistan’s integrity or sovereignty.

(ix) Rule of Law and Equality: The constitution upheld the rule of law and guaranteed equal protection for all citizens.

(x) Extensive Presidential Powers: The President wielded considerable power, controlling executive authority, appointing officials, and possessing legislative, military, and judicial powers, including issuing ordinances and vetoing legislation.

(xi) Restrictions on the President: Despite the extensive powers, the President was prohibited from holding any office of profit within Pakistan’s services.

Following independence, Pakistan’s first Constituent Assembly drafted the 1956 Constitution, which came into effect on March 23, 1956, but was abrogated two years later.

(i) Written and Partly Rigid: The 1956 Constitution was a detailed written document with a mix of rigid and flexible provisions, allowing for amendments through a defined process.

(ii) Objective Resolution: The Objective Resolution, outlining the guiding principles of the state, was incorporated as the Preamble.

(iii) Islamic Republic: Similar to the 1962 Constitution, Pakistan was declared an “Islamic Republic” with Islamic provisions integrated into the legal framework.

(iv) National Languages: Urdu and Bengali were designated as the national languages.

(v) Fundamental Rights and Minority Rights: The constitution guaranteed fundamental rights to all citizens and ensured the protection of minority rights, including religious freedom.

(vi) Unicameral Legislature: A unicameral legislature, the National Assembly, was established.

(vii) Federal System: The constitution introduced a federal system, dividing powers between the central government and provinces.

(viii) Parliamentary System: A parliamentary form of government was adopted, with the Prime Minister as the head of government and accountable to the National Assembly.

(ix) Independent Judiciary: The judiciary’s independence was maintained, with the Supreme Court entrusted with interpreting the constitution.

(x) Direct Elections and Single Citizenship: The constitution provided for direct elections and established single citizenship for all Pakistanis.

(xi) Directive Principles: Directive principles of state policy were included to guide the government in achieving social and economic objectives.

(xii) Lengthy and Detailed: The 1956 Constitution was known for its length and detail, encompassing both fundamental principles and administrative procedures.

The constitutional history of Pakistan reflects a complex interplay of political forces and aspirations. Both the 1956 and 1962 constitutions aimed to establish a framework for governance while incorporating Islamic principles and ensuring fundamental rights. However, political challenges and power struggles led to their eventual abrogation, highlighting the ongoing quest for a stable and enduring constitutional order in Pakistan.