Comparison between Constitution of 1956 and 1962 of Pakistan

Comparison of 1956 and 1962 Constitution of Pakistan

1. Introduction:

The first constitution of Pakistan was drafted 9 years after its independence in 1956. The constitution enforced a parliamentary system. However, it was soon abrogated in 1958. The second constitution was enforced in 1962. It enforced presidential system. Keep in mind that Pakistan had no actual constitution until it became an Islamic Republic in 1956. The first constitution that came into effect until 1956 was the Act of India Legislation, passed at the time of the British Raj. The Pakistani Legislative Assembly made Constitution was more Islamic but at the same time not too Islamic, as some Islamic Laws were implemented as Pakistan was and is a Muslim Majority country. The second one is similar but a new Government system was made. The constitution of 1956 was generally based on Government of India Act 1935 and Constitution of 1962 introduced presidential form of Government.

1. Constitution of 1956:

The 1956 Constitution of Pakistan was enforced in the country on 23rd March 1956. The Constitution was a written and flexible. It explained the fundamental rights of the individual. It included of 234 articles, which were divided into thirteen parts and six schedules. The Constitution proposed a parliamentary form of government. The main composition of the government was similar to the One Unit in the Centre. The pattern of government was the same as adopted by the government of India. There were federal, provincial and concurrent lists of subjects The Constitution of 1956 provided a parliamentary form of government in the country, where executive power remained with cabinet that was collectively responsible to the legislature. The cabinet was presided over by the Prime Minister of Pakistan. The constitution declared that there would be only one house of parliament known as the National Assembly and equal opportunity will be given to the East and West Pakistan. The title of Governor General was replaced with the title of President. The President of Pakistan was to be elected by the Electoral College that composed of members of National and Provincial Assemblies.

2.1. Salient Features:

1. The Objectives Resolution was included as introductory part of the constitution.

2. One of the main features of the Constitution was its Islamic character. The president, who was required to be a Muslim of at least 40 years of age he was to set up an organization for Islamic research with the aim of establishing a true Islamic society. The Objectives Resolution was, however, only made the preamble of the Constitution and not included in its main text.

3. Prime Minister was to be the leader of parliamentary party and indirectly elected for five years. He could choose his cabinet from the members of the National Assembly. The cabinet was answerable to the assembly

4. The Constitution of 1956 provided for parliamentary form of government with a unicameral legislature. The Constitution recognized the concept of One Unit, and the seats were divided equally between the two wings of the country. Thus the principle of parity was introduced. For the first ten years, five additional seats were reserved for women for each wing. National Assembly was to meet at least twice a year with at least one session at Dhaka. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.

5. The constitution provided for a federal system of government in the country and power divided between the centre and provinces.

6. The fundamental rights included freedom of movement, freedom of speech and expression, freedom to choose profession and freedom to confess religion, right to life, liberty and property.

7. Urdu and Bengali were declared as national languages.

2.2. Impact:

The formation of 1956 constitution of Pakistan was based on India Act of 1935. The Constituent Assembly passed the constitution on 29th February 1956.The constitution allowed the parliamentary form of government and enforced it in the country on 23rd March 1956. The constitution was written and flexible. The constitution could be changed by at least two third majority of the parliament. The causes for the failure of constitution was that there were a political conflict between head of state and head of government and such type of political conflict has time and again led the country to political anarchy. The constitution of 1956 was abrogated on basis of political disorder. As far as constitution of 1956 was concerned, it consisted of some positive characteristics, but such political anarchism caused its abrogation. Although it had Islamic provisions such as the name was to be Islamic republic of Pakistan, Objective Resolution to be part of constitution, Islamic law, Muslim President, Religious Freedom and so on.

1. Constitution of 1962:

On 17th February 1960, General Muhammad Ayub Khan appointed a commission to prepare the draft of new constitution. The commission was headed by the former Chief Justice of Pakistan, Muhammad Shahab-ud-Din and ten (10) other members. Five (05) members were equally chosen from each Wing of Pakistan. The member’s belonged to different institutions including the retired judges, lawyers, Industrialists and landlords. On 6th May 1961, the commission presented its draft to General Muhammad Ayub Khan President of Pakistan. The draft of 1962 constitution was thoroughly assessed by General Muhammad Ayub Khan. The cabinet approved the new document of Pakistan. Subsequently the draft of constitution was passed by the President of Pakistan on 11th March 1962. On 08th June 1962, the new constitution of Pakistan was enforced in the country. The constitution comprised 250 articles, twelve (12) parts and three schedules.

3.1. Salient Features:

1. It advocated presidential form of government with absolute powers vested in the President. The President was to be a Muslim not less than 35 years of age. The term of the President was for five years and nobody could hold the post for more than two consecutive terms. He also had power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions .

2. The Constitution of 1962 provided for a unicameral legislature. The National Assembly was to consist of 156 members, including six women. The Eighth Amendment later increased this number to 218. The norm was established that if the President was from West Pakistan, the Speaker was to be from East Pakistan and vice versa. One of the major achievements of this Assembly was the passage of Political Parities Act, 1962.

3. National Assembly at the centre and the Provincial Assemblies in the Provinces. The Legislatures, both at centre and in provinces were unicameral. The Federal system had been curtailed by allowing the Provincial Governors to be appointed directly by the President. All executive authority of the Republic of Pakistan, under the Constitution, vested in the office of the President. President appointed his Cabinet members who were directly responsible to him.

4. All the executive authority was vested in the President who was unanimously responsible for the business of the central government.

5. National Assembly had all the powers of law making but law was to be finally ratified by the president. President could sign, reject or return the bill.

6. Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the ‘Republic of Pakistan’, but the first amendment added the word "Islamic" to the name. The word "Islam" and not "Quran and Sunnah" was used in the Islamic clauses to give a liberal touch to the Constitution.

7. Urdu and Bengali were made national languages and English was declared as official language of the country for 10 years.

8. Conclusion:

Constitution of 1956 and 1962 were different from each other, one focused on parliamentary from of government while the other focused on presidential form of government. The 1962 Constitution institutionalized the intervention of military in politics by providing that for twenty years, the president or the defense minister must be a person who had held a rank not lower than that of lieutenant-general in the army. The president was elected independently of the legislature and had a direct mandate from the executive functions of government. While making the 1962, Constitution there were arguments whether there was a difference of opinion whether the 1956-Constitution, which was of Parliamentary pattern, was a success or failure. Some argued that it failed, but most of the old politicians were of the opinion that the system was not given a fair trial and not experimented with honesty and sincerity. The party-in-power at the Center was desperate to maintain its position instead of giving a fair trial to the parliamentary institutions. In my view, both constitutions were not given enough time to evolve, they were abrogated in the beginning but the third constitution changed that by adding the clause that no one shall change the constitution. In the end, both constitutions faced abrogation and martial law since country was once again in a state of chaos. I believe Pakistan needs presidential form of government. Instead of governors and chief ministers as heads of the government in provinces, there should be only governors. But basic flaw is administrative as management of big provinces is nuisance. There should be at least 36 provinces and territories of Pakistan governed by a governor. This will cut the administration expenditures and people will have easy access to check with local governments for the resolution of their problems.