Tuesday, 7 February 2017

Constitution of Pakistan 1962

               

Constitution of Pakistan is the supreme law of Pakistan.There have been several documents known as the constitution of Pakistan.
General Ayub Khan wanted to introduce a controlled and limited democracy as he believed that Western Style democracy did not suit Pakistan. Therefore, he introduced the constitution of 1962 on  1st March 1962 thereby abrogating the previous constitution of 1956.
The constitution of 1962 was the fundamental law of the Pakistan from June 1962 until martial law was declared in March 1960. On February 1960 Ayub Khan appointed a commission to report on the future political framework for the country. The commission was headed by the former Cheif Justice of Pakistan, Muhammad Shahabbudin, and had ten other members, five each from East Pakistan and West Pakistan, composed of retired judges, lawyers, industrialists, and landlords.
The constitution of the republic was a comprehensive document comprising of 250 section and 3 schedules. It was also written.

                                Features of Constitution

The Islamic Provision:

  • 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 was of Islam and Holy Quran was to be made compulsory, unity and observance of Islam 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.
  • Islamic research institutes will be organized.
  • Minority rights were fully protected.

The President:

  • Real chief executives and head of states.
  • Should be a Muslim.
  • Not less than 35 years of age.
  • To be elected by 80000 Basic Democratic for 5 years.
  • Could be removed only by the National Assembly by impeachment.
  • Sole responsible for the business of Central Government.
  • Could Summon, prorogue, and Dissolve the Assembly.
  • Master of the cabinet, could appoint and dismiss any member his cabinet.
  • Not bound to accept any proposal but the cabinet is responsible to him.
  • Power to pardon, commute to sentences.
  • Official acts could not be challenged.

The Legislature:

  • The unicameral legislature is known as National Assembly.
  • 156 seats on the basis of parity.
  • 6 women seats, 3 each from both sides.
  • The term of Assembly fixed for five years.
  • Elected by the electoral college of Basis Democrats. 
  • At least two sessions of Assembly in a year.
  • The assembly to choose Speaker and Deputy Speaker.
  • The first hour of the session was to be available for questions.

Federal Structure:

  • Comprised of two provinces, East and West Pakistan.
  • Principles of parity of two provinces.
  • Residuary powers were given to provinces.
  • Federal had priority over provinces list.
  • Governors were strong as was president in Centre.

Judicial System:

  • Independence of Judiciary was guaranteed.
  • Supreme Court: Head by Chief Justice with six judges.
  • Judges could hold the office until the age of 65.
  • Had the power of "Judicial Review" of Exectives actions.
  • Had original as well as appellate jurisdiction.
  • High Court:
  1. Each province had a High Court.
  2. Consisted of Chief Justice and other Judges.
  3. Appointed by the President of Pakistan.

 Fundamental Rights:

  • Originally contained "no bill of rights".
  • The articles of fundamental rights were limited and were not applicable in Tribal Areas and not to the activities covered in 31 previous law, including freedom of speeches.

Other Characteristics:

  • Two National languages Urdu and Bengali with English acceptable in Government affairs.
  • Two Capitals, Islamabad would be a principal seat and Dhaka would be second Capital, the principal seat for Central Legislature.
  • No new taxation without the consent of National Assembly.



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