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Overview of Pakistan's 1962 Constitution

The Constitution of 1962 established the Islamic Republic of Pakistan and introduced a presidential form of government with a unicameral parliament. It emphasized the propagation of Islamic principles in legislation and society while ensuring minority rights and the establishment of an Islamic Ideology Council. The constitution also included provisions for the election of representatives through a system of basic democracies and recognized Urdu and Bengali as national languages.

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0% found this document useful (0 votes)
19 views9 pages

Overview of Pakistan's 1962 Constitution

The Constitution of 1962 established the Islamic Republic of Pakistan and introduced a presidential form of government with a unicameral parliament. It emphasized the propagation of Islamic principles in legislation and society while ensuring minority rights and the establishment of an Islamic Ideology Council. The constitution also included provisions for the election of representatives through a system of basic democracies and recognized Urdu and Bengali as national languages.

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The Constitution of 1962

• The Constitution of 1962 was enforced on June 8,1962 Following were its
important Clauses.
• Written Form:
The Constitution of the republic was a comprehensive
document comprising of 250 Sections and 3 Schedules. It was also
written.
• Preamble:
The Objectives Resolution was included as apreamble in the
constitution.
• Name of the country:
The constitution of 1962 declared “The
Republic of Pakistan” as the country name. However,owing to the public reaction,
the word “Islamic” wasincluded later on. The full name of the country, thus
became the “Islamic Republic of Pakistan”.
• Form of Government:
Instead of the Federal System, Presidentialform of Government
was introduced for the first time through the 1962 Constitution which meant
extensive powers for the President.
• Uni-cameral Parliament:
Like 1956 Constitution, it also adopted single House Parliament called
the National Assembly. TheSenate did not exist under the new constitution.
• Basic Democracies:
In 1962 Constitution a new system of basic democracies was
introduce. Basic Democrats were tobe chosen by people. The elected Basic
Democratsconstituted an “Electoral College” which elected the President and
MNAs and MPAs. Thus, the indirect election system was adopted in 1962
Constitution.
• Independence of Judiciary:
Though the 1962 Constitution had ensured complete freedom of
judiciary, the authority of appointment and transfer of Judges rested in the
President. Moreover, both the Supreme Court and the High Courts could not start
proceedings of a caseon their own. The administration of the subordinate courts
was only partially under their control.
• Minority Rights:
In 1962 Constitution an adequate provision was made for the
minorities enabling them to observe their rights/religious rites and promote their
culture without restrictions.
• Legislation:
The 1962 Constitution provided that the legislation in Pakistan would be
carried out in accordance with the Shariah. All those laws whichwere
contrary to Islamic Principles would be annulled or amended in such a way
so as to bringthem under Islamic Jurisdiction.
• Propagation of Islamic Way of Life:
The 1962 Constitution promised to propagate anIslamic way of life in
Pakistan so that Muslims could proceed with their lives according to the Holy
Quran and Sunnah.
• Elimination of Non-Islamic Practices:
All those practices which were contrary to theSharia such as gambling,
adultery, prostitution, intoxication and interest would be eliminated from the
society.
• National Language:
In 1962 Constitution Urdu and Bengali were recognized as the two
national languages of Pakistan.
• The Principle of Parity:
The 1962 of parity that is equal representationbetween the East
Pakistan and West Pakistan was upheld in the 1962 Constitution.
• Institute of Islamic research:
The 1962 Constitution also provided for the establishment of an Islamic
Research Institution withthe aim of promoting, the study of Islamic History and
Fiqa and to carry out research in this regard.
• Establishment of Islamic Ideology Council:The Constitution of 1962
provided for the establishment of a Council of Islamic Ideology
Comprising religious scholars as its members. The
Objective of the council was to identify non-Islamic laws and bring them in
accordance with the [Link] Council was also given opinion s about the nature
of the new laws, bills and administrative
Decisions of the government. The recommendations of
the councils, however, were not binding on thePresident.

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