Background

General Ayub Khan promulgated Pakistan’s second constitution in 1962 through a presidential ordinance. Like the 1956 constitution, the new constitution could not remain in action for long due to fierce agitation against the military regime. Ayub Khan resigned as president in March 1969 and handed over the reins of the country to General Yahya Khan. With his resignation, the 1962 Constitution was also suspended, and Yahya assumed power as the second Chief Martial Law Administrator.

Formation of the Constitution

After consolidating his power, General Ayub appointed a commission, headed by the former Chief Justice of Pakistan, Muhammad Shahabuddin, and comprising ten other members—five each from East Pakistan and West Pakistan—to prepare a new Constitution. The commission presented its report on 6 May 1961, which was thoroughly examined by the President and his Cabinet. In January 1962, the Cabinet finally approved the text of the new constitution, which was promulgated by President Ayub on 1 March 1962 and came into effect on 8 June 1962.

Salient Features of the 1962 Constitution

Rigidity

Consisting of thirteen schedules and 250 articles, it was a very rigid Constitution, amendable only by at least a two-thirds majority of the parliament, and that too after authentication by the President.

Name of the Country

Deviating from the 1956 Constitution, it initially named Pakistan as the “Republic of Pakistan.” However, strong agitation by the religious lobby forced the inclusion of “Islamic,” renaming it the “Islamic Republic of Pakistan.” Urdu and Bengali were recognized as national languages.

Federal Form of Government

The Constitution provided for a federal system with parity between East Pakistan and West Pakistan, each having its own separate provincial governments. The responsibilities and authority of the center and the provinces were clearly outlined in the Constitution.

Presidential System

The Constitution introduced a presidential form of government where the President was indirectly elected by an electoral college consisting of 80,000 local councillors (Basic Democrats) equally distributed between the two provinces. The President, who had to be a Muslim, at least 35 years of age, and eligible for election as a National Assembly member, served a five-year term as both Head of State and Chief Executive. The President had complete control over governance, appointing and removing governors and federal ministers at will. He could also issue ordinances and veto legislated laws, which could only be overridden by a two-thirds majority in the National Assembly.

Unicameral Legislature

The National Assembly was the sole legislative body at the central level, consisting of 157 members with equal representation from both wings. The Assembly had exclusive powers to legislate on central subjects and impose taxes.

Provincial Governments

There were two provincial governments, each headed by a governor who had powers similar to the President at the provincial level. The Governor appointed provincial ministers with the President’s approval.

Provincial Legislature

Each province had a legislature originally consisting of 150 members, later increased to 218.

Fundamental Rights

The Constitution of 1962 laid down fundamental rights such as freedom of speech, expression, choice of profession, and religion. It also granted familiar civil rights, including the right to life, liberty, and property. However, in practice, these rights were often violated by the military regime.

Role of Judiciary

The judiciary was responsible for interpreting laws and executive orders in light of constitutional principles. A Supreme Judicial Council, consisting of the Chief Justice of the Supreme Court, two Supreme Court judges, and two High Court judges, was established to oversee judicial matters.

Islamic Provisions

The preamble of the Constitution was based on the Objectives Resolution and declared Pakistan an Islamic Republic. A significant provision was the establishment of an “Advisory Council of Islamic Ideology,” appointed by the President, to recommend measures for aligning laws with Islamic principles.

Reasons for the Failure of the 1962 Constitution

One-Man Show

The Constitution was designed to suit Ayub Khan’s political interests and prolong his rule. It concentrated power in the office of the President without any accountability mechanism, making his decisions unchallengeable.

Undemocratic Constitution

The Constitution provided a controlled form of democracy where people could not elect their government directly. Only Basic Democrats, elected at the local level, acted as the electoral college for the President, National Assembly, and Provincial Legislatures. Ayub Khan used this system to manipulate the 1965 presidential election in his favor. Additionally, he could dissolve the National Assembly, issue ordinances, and appoint ministers at his discretion.

Issues of Representation

East Pakistanis rejected the equal representation provision at the center, demanding proportional representation based on their population (56% of the total). They saw the equality clause as undemocratic and a political under-representation of East Pakistan.

One-Unit Formula

The 1962 Constitution retained the controversial One-Unit Scheme, merging Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan into a single unit. This was highly unpopular among East Pakistanis and politicians who wanted provincial autonomy.

Public Demand for a Parliamentary System

People and political circles demanded a parliamentary system of government instead of the presidential system imposed by the Constitution.

Oppression and Restriction of Fundamental Rights

Although the Constitution provided fundamental rights, the military regime frequently violated them. Political parties faced restrictions, and opponents of the government were suppressed, arrested, and tortured.

Student Protests and Rise of Democracy

By the end of 1968, widespread public discontent with Ayub Khan’s rule led to mass protests, particularly among students. The youth, disillusioned by a lack of democracy, led demonstrations demanding civilian rule.

Rise of Bhutto

Zulfiqar Ali Bhutto resigned as foreign minister in 1966 in protest against Ayub Khan’s handling of the Tashkent Agreement. He later supported anti-Ayub student strikes and challenged the indirect election system introduced in the 1962 Constitution.

Resignation of Ayub Khan

Ayub Khan resorted to using force to suppress protests in both East and West Pakistan. However, the agitation forced him to resign on 25 March 1969, ending his decade-long rule. Instead of following the Constitution, he handed power over to Army Chief General Yahya Khan, who abrogated the 1962 Constitution the same day and imposed martial law.

Conclusion

The promulgation of the 1962 Constitution marked the beginning of the final stage of a united Pakistan. The abrogation of the 1956 Constitution, which had been agreed upon by elected representatives, undermined national unity. By concentrating power in the President’s office and sidelining parliamentary democracy, Ayub Khan’s rule led to political unrest, ultimately contributing to the breakup of Pakistan in 1971.

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Expeditious Civil Justice | Institutionalizing Of E-courts In Pakistan (Problems And Perspective)