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 preambleThe preamble of the constitution was the objective

resolution which was adopted by the Constituent assembly in March,1949.

The Islamic provisionsThe 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 PresidentReal 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.

Military and Legislative Powers.Financial powersCould 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 LegislatureUni-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 systemIndependence 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 rightsOriginally 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 characteristicsTwo 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 constitutionConstitution 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 ConstitutionPrefaced a preamble and consist of 280 articles, arranged in 12

parts, and six schedules.

Rigid ConstitutionOnly 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 rightsGuarantees Fundamental rights.Federal Structure of State.Parliamentary form of Government.Bicameral Legislature.Independent Judiciary.Islamic Provisions.

The Islamic ProvisionsConstitution 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 8th amendment.Zakat and Ushar(1980)Hadood Ordinance.(1977)Salat Committees

The PresidentHead 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 ProvincesPower to pardon, commute of sentences.Chairman of Senate will be acting President in case of

incapacitation or absence.

LegislatureBi-Cameral Legislature National Assembly and Senate344 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 CabinetLeader 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/CabinetCollectively 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 InterestsNational Economic CouncilNational Finance Commission.

JudiciaryIndependence 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 JusticePower 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 ConstitutionConstitution can be amended only by 2/3 majority of

members of National Assembly.The constitution has been amended 20 times till now.

Major amendmentsRedefined 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.(17 th)

Removed the power of President of Pakistan to dissolve the Parliament unilaterally.(18th)

Related to the appointment of chief justice.(19th)For Free and Fair Elections.(20th)