Constitution of 1962

Promulgated on 23 March 1962.

► Consisted of 250 articles, arranged in 12
parts, short preamble in the beginning and
three schedules attached at the end.
 The preamble
► Thepreamble of the constitution was the
objective resolution which was adopted by
the Constituent assembly in March,1949.
 The Islamic provisions
► The Objective Resolution was included in the
preamble of the Constitution; through which
the principles of
freedom,equality,tolerance,and social justice
as enunciated by Islam, should be fully
observed.
► Teaching of Islam and Holy Quran was to be
made compulsory, Unity and observances of
Islamic Moral standards were to be promoted
among the Muslims of Pakistan.
► Proper organization of Zakat, Waqf and Mosques
was to be established.
► The President was to be a Muslim.
► No law was repugnant to Islam and was
enforceable in courts of Law. The National
Assembly was to decide whether a proposed law
violated Islam or not.
► Islamic Research Institutes will be organized.
► Minority rights were fully protected.
 The President
► Real Chief Executive and Head of State.
► Should be a Muslim.
► Not less than 35 years of age.
► To be elected by 80,000 Basic Democrats for
5 years.
► Could be removed only by the National
Assembly by impeachment .
► Sole responsible for the business of Central
Government.
► Militaryand Legislative Powers.
► Financial powers
► Could Summon, prorogue and Dissolve the
assembly.
► Power to appoint his Ministers , Attorney
General, Auditor General, Provincial
Governors ,Chief Justice, Judges of High
Court ,Commander in Chief of Army, Air Force,
Navy and all major postings and Commissions.
► Master of Cabinet, could appoint and dismiss
any member of his cabinet.
► Not bound to accept any proposal but
Cabinet is responsible to him.
► Power to pardon, commute of sentences.
► Official acts could not be challenged.
► Could assent, reject or forward to masses for
referendum,any bill passed by the assembly.
 The Legislature
► Uni-Cameral Legislature known as National
Assembly.
► 156 Seats on the basis of Parity.
► 6 women seats, 3 each from both sides.
► Term of Assembly was fixed for five years.
► Elected by Electoral College of Basic
Democrats.
► Member could loose his seat in case of
consecutive 30 days absence.
► At least two sessions of National Assembly in a
year.
► The assembly to choose Speaker and Deputy
Speaker.
► No one could become member who is a
foreigner, Bankrupt or convicted of an offense
within five years.
► First hour of session was to be available for
questions.
 Federal structure
► Comprised of two Provinces, East and West
Pakistan.
► Principle of Parity to two Provinces.
► Autonomy for Provinces, but central
government could interfere in matters.
► Residuary powers were given to Provinces.
► Federal had priority over Provinces list.
► Governors were strong as was President in
Center.
 Judicial system
► Independence of Judiciary was guaranteed.
► Supreme Court:-Headed by Chief Justice with 6
judges.
► Judges could hold office till the age of 65.
► Had the power of “Judicial Review” of Executive
actions.
► Might overrule President’s decree.
► Had original as well as appellate jurisdiction.
► Had powers to adjudicate in any Dispute between
Center and Provinces or vice versa.
► High Court:-
 Each Province had a High Court,
 consisted of Chief Justice and other Judges.
 Appointed by the President of Pakistan.
► Had powers through out the territory in
relation to which it exercised jurisdiction to
check the executive matters.
 Fundamental rights
► Originally contained “no bill of rights”.
► Amended in 1963 and fundamental rights
were made enforceable by Courts as were
mentioned in the previous Constitution.
► The article of fundamental rights was limited
and was not applicable in Tribal Areas and
not to the activities covered in 31 previous
laws, including freedom of Speech and Press.
 Other characteristics
► Two National Languages, Urdu and Bengali
with English acceptable in Government affairs.
► Two capitals, Islamabad would be the Principal
seat and Dhaka would be second Capital, the
principal seat for Central Legislature.
► No new taxation without consent of National
Assembly.
► Budgets once sanctioned would not be altered
without permission of the President
 Abrogation of the constitution
► Constitution
was abrogated on March
26,1969 when General Ayub Khan resigned
and handed over the control of the
Government to Yahya Khan, who declared
Martial Law and abrogated the Constitution.
1973 Constitution
► Promulgated on 14 August,1973.

Written Constitution
► Prefaced a preamble and consist of 280
articles, arranged in 12 parts, and six
schedules.
 Rigid Constitution
► Only amended by 2/3 majority of
Parliamentarians.
Permanent Constitution.
► Obedience of Constitution is the basic
obligation of every citizen of Pakistan.
► Abrogation or attempts or conspires to
abrogate, subverts or attempts or conspires
to subvert the constitution by use of force or
show of force or by any other
unconstitutional means shall be guilty of
high treason.
► Provisions of Fundamental rights
► Guarantees Fundamental rights.
► Federal Structure of State.
► Parliamentary form of Government.
► Bicameral Legislature.
► Independent Judiciary.
► Islamic Provisions.
 The Islamic Provisions
► Constitution begins with the definition of
Islam.
► Pakistan is a federal Republic, to be known
as Islamic Republic of Pakistan.
► Islam shall be the State Religion of Pakistan.
► Makes the definition of a Muslim.
► The President and the Prime Minister shall
be Muslims believing in the oneness of God,
the Book of Allah and the last Prophet-hood
of Muhammad(PBUH)
► Includes Objective resolution.
► The Council of Islamic Ideology shall be set
up.
► Friday as holiday.
► Prohibition of Alcohol and Gambling.
► Islamiyat and Pakistan Studies as Compulsory
Subjects upto graduation level.
► Federal Shariat Court through 8 th amendment.
► Zakat and Ushar(1980)
► Hadood Ordinance.(1977)
► Salat Committees
 The President
► Head of State.
► Should be a Muslim.
► Not less than 45 years of age.
► To be elected by Parliament and Provincial
assemblies for a term of 5 years.
► Could be removed only by the Parliament
by impeachment for gross
misconduct,physical or mental disability
and for violation of the Constitution.
► Can address and Dissolve the assembly on
advice of Prime Minister.
► Can summon the session of Parliament.
► Power to appoint the Governors, Attorney
General, Chief Election Commissioner,
Auditor General, Chief Justice, Chiefs of
Staff of Army, Air Force, Navy .
► Head of Armed Forces.
► Emergency Powers.
► Can assume executive powers of the
Provinces
► Power to pardon, commute of sentences.
► Chairman of Senate will be acting President
in case of incapacitation or absence.
 Legislature
► Bi-Cameral Legislature
► National Assembly and Senate
► 344 Total seats of National Assembly.
► 18 years voter age.
► 25 years Candidate age.
► At least three sessions of National
Assembly in a year.
► The assembly to choose Speaker and
Deputy Speaker from its own members in
its first session.
► Life of Assembly is 5 years but could be
dissolved by the President on advice of
Prime Minister earlier.
► Senate consisted of total of 87 members
on basis of proportional representation
from Provinces.(14 general+5 technocrats
from each Province),8 FATA,3 capital
territory.
 Prime Minister and Cabinet
► Leader of House and Head of the Government.
► Elected by National assembly after 30 days of
general elections
► Must enjoy the confidence of National Assembly.
► Real executive authority vested in the Prime
Minister.
► He is fully empowered to appoint/dismiss his
Ministers/Cabinet
► Collectively responsible to the National
Assembly.
 Federal Structure
► Comprised of
 Four Provinces:-Punjab,Sind,NWFP and
Baluchistan
 The Islamabad Capital territory
 The Federal administered tribal Areas.
 Such states and territories as are or may be
included in Pakistan whether by accession or
otherwise.
► Autonomy for Provinces.
► Residuary powers were given to
Provinces.
► Federal govt. provides security to
Provinces in any case.
► Provinces are bound to follow Federal
government’s decisions.
► Machinery for harmonious relations
between Center and Provinces:-
 The Council of Common Interests
 National Economic Council
 National Finance Commission.
 Judiciary
► Independence of Judiciary was
guaranteed.
► Supreme Court:-Headed by Chief Justice with
6 judges.
► Judges could hold office till the age of 65.
► Had original as well as appellate jurisdiction.
► Can take any step to ensure Justice
► Power to review any judgment or any order
made by it.
► Head of Judiciary.
► High Court:-
 Each Province had a High Court,
 consisted of Chief Justice and other
Judges.
 Appointed by the President of Pakistan
with consent of Chief Justice of
Pakistan.
 Fundamental rights

► All
Fundamental rights are guaranteed
under the Umbrella of Judiciary.
 Amendment of Constitution
► Constitution can be amended only by 2/3
majority of members of National Assembly.
► The constitution has been amended 20
times till now.
 Major amendments
► Redefined the boundaries of Pakistan and
removed references to East Pakistan.(1st)
► Declared the status of Ahmadis as minority and
as 'non-Muslim‘.(2nd)
► 3rd ,4th,5th and 6th amendments were relating
the judiciary.
► Enables the Prime Minister to obtain a vote of
confidence of the people of Pakistan.(7th)
► Changed Pakistan's government from a
Parliamentary system to a Semi-presidential
system by giving the President a number of
additional powers.(8th)
► Stripped the President of Pakistan of his
reserve power to dissolve the National
Assembly of Pakistan, and thereby triggering
new elections and dismissing the Prime
Minister.(13th)
► Made changes dealing with the office of the
President and the reversal of the effects of
the Thirteenth Amendment.(17th)
► Removed the power of President of Pakistan
to dissolve the Parliament unilaterally.(18 th)
► Related to the appointment of chief justice.
(19th)
► For Free and Fair Elections.(20 th)