The 1962 Constitution of Pakistan, the second constitution, was enforced by General Ayub Khan on 8th June 1962.
When President Iskander Mirza could not handle the political crisis in the country, he abrogated the 1956 constitution on 23rd March, 1958. General Ayub Khan was appointed to proclaim martial law as the Chief Martial Law Administrator (CMLA).
Ayub Khan soon dissolved the presidency of Iskander Mirza using the military rules and started drafting a new constitution, named as “1962 constitution”. The constitution remained in force from 1962 to 1969 until General Yahya Khan claimed military intervention.
Though the constitution had modern features, its structural flaws and political opposition ultimately resulted in its failure. This article explores the background, key features, and the causes of failure of 1962 constitution.
Historical Background of 1962 Constitution
President Iskandar Mirza imposed martial law on October 7, 1958, and appointed Ayub Khan as the chief administrator of martial law. Ayub Khan conducted a coup d’état that overthrew President Iskandar Mirza on October 7, 1958. He became president himself with a vision of strengthening the presidential system over the parliamentary system.
The Basic Democracy (BD) elections were to be held in December 1959 and January 1960. Elected forty thousand basic democrats (local councillors) in each province, who acted as an electoral college for electing the president and provincial governors. A presidential referendum on 17 February 1960 authorized President Ayub Khan to formalize his own presidential system.
Ayub Khan established a constitutional commission under the leadership of Chief Justice Mohammad Shahabuddin.
He assigned the commission to examine the failure of the parliamentary system and study the national aspects of the legal system, administration, and education. These reports laid the foundation for a constitutional draft, presented on 6 May 1961.
The cabinet approved this draft in January 1962, and General Ayub Khan finally publicized it on 1 March 1962. The constitution came into force on 8th June, 1962, dissolving the martial law of 1958.
Salient Features of 1962 Constitution of Pakistan
- Presidential system: The 1962 constitution focused on the presidential system, the American approach to government. The president had certain legislative and judicial powers regarding national and socio-economic affairs. All the executive authorities, including the provincial governors, were centred on the president.
- Basic Democracies and Indirect Elections: The 1962 constitution banned political parties. Rather than direct elections, the elected Basic Democrats (40,000 members in each province) elected the president on their behalf.
- Federal system but with a strong central government: The constitution listed the authorities of both the central government and the provincial governors to run their systems independently. However, the president had direct control over the provincial affairs, laws, and emergencies, undermining provincial autonomy.
- Fundamental rights: Fundamental rights were added to the Constitution through the First Amendment in 1963. The list contained all the rights of a citizen in a modern state; however, the presidential system restricted their actual practice.
- Role of the judiciary and executive: Through the First Amendment, the judiciary gained complete freedom to pass legal judgments; however, the judges were to be appointed by the president.
- Islamic Provisions: The 1962 constitution titled the country as “Republic of Pakistan”, which was amended to “Islamic Republic of Pakistan” as only Islamic principles would be followed. Like the 1956 constitution, the Objectives Resolution served as the preamble.
- National Assembly: A unicameral legislature of 150 members was elected indirectly, with 6 reserved seats for women. The National Assembly could issue laws, but all the orders were to be approved by the president.
Why Did the 1962 Constitution Fail – 7 Major Causes of Failure of 1962 Constitution
1. Lack of Democratic Legitimacy:
Successful constitutions are usually formed by a parliament or referendum; it was framed by the president, which is against the democratic principles. Zulfiqar Ali Bhutto called it ‘dictatorship’ under the label of democracy. Its main objective was to carry the military regime in the form of a presidential system.
2. Over-Centralization of Power:
The constitutional provisions had over-centralized the presidential powers over all other executives.
The provincial governors had authority in their respective provinces; however, they were still answerable to the National Assembly. Provinces were alienated and had limited provincial autonomy, especially East Pakistan.
3. Suppression of Political Parties:
Political parties were initially banned and then restricted from promoting their agendas or expressing their views on national affairs. There was no particular party against the Convention Muslim League, Ayub Khan’s party.
It was actually a one-man government that did not truly reflect the spirit of the people.
4. Indirect Elections through Basic Democracies:
Indirect elections were one of the major causes of failure of 1962 constitution. The primary voters elected the basic democrats, who had to elect the president. It was considered an act of manipulation and undemocracy.
5. Limited Fundamental Rights and Public Freedoms:
The features of 1962 constitution of Pakistan did not contain the fundamental rights initially. They were included in the constitution through the First Amendment; however, the presidential system never recognized and accepted them. In fact, a policy of suppression of fundamental rights was practiced.
6. Public Unrest and Opposition Movements
Civil students and political alliances held continuous protests, demanding a parliamentary government system. East Pakistanis were dissatisfied with provincial autonomy and started a revolution against Ayub Khan that destablized the political situation in the country.
7. Economic Disparities between East and West Pakistan
After the Indo-Pak war in 1965, the country faced a massive economic crisis, where the constitutional provisions showed their depth.
Sheikh Mujib-ur-Rehman, the leader of the Bangladesh Independence Movement, claimed that Ayub Khan, misreading the sentiments of Kashmiris, launched an ill-thought-out for their liberation that backfired on the economy. East Pakistanis felt resentment about the limited economic benefits in the East province than in West. Less provincial autonomy fueled the disparities between East and West Pakistan.
Impact of 1962 Constitution on Pakistan’s politics
The decline of the 1962 constitution eventually collapsed the government of Ayub Khan. General Yahya Khan imposed martial law on 25th March, 1969, and became the president.
Assuming the presidency, Yahya Khan scheduled the general elections for December 1970. He assessed the public demands and eliminated the one-unit system in West Pakistan.
Accidentally, the government was not transferred to the Awami Muslim League, East Pakistan’s party. This led to the erosion of national unity and, eventually, the separation of East Pakistan. East Pakistan was separated from the country and became an independent state, now Bangladesh.
The negative impact of 1962 constitution on Pakistan’s politics paved the way for 1973 constitution, a permanent legal framework for the country.
Conclusion
Though President Ayub Khan aimed for stability, the structural flaws in the 1962 constitution made it unsustainable. Its presidential system and federal structure failed to gain popularity among the masses.
It seemed like the main objective was to continue military laws under the umbrella of the constitutional laws. Rather than offering democratic provisions, it worked for a military regime.
However, constitutions only succeed when they are based upon the norms of democracy, are legimitized by the public, either formed by a parliament or a referendum, not the president alone. Its unpopularity not only caused its failure but dropped the presidential form of government.
Frequently Asked Questions
- When was the 1962 constitution of Pakistan enforced and ended ?
President Ayub Khan enforced the second constitution of Pakistan on 8th June, 1962. It collapsed when General Yahya Khan became the president and imposed martial law in 1969.
- Specify the key features of the 1962 Constitution.
- It was based on the presidential system rather than the parliamentary system.
- People elected the basic democrats who had to elect the president, rather than direct elections.
- All the executive authorities, including provincial governments and judiciary, were answerable to the president.
- Fundamental rights had been included through the amendment, but were restricted.
Why did the 1962 Constitution fail?
A lack of legitimacy, indirect elections, centralized power, and limited fundamental rights were the major causes of failure of 1962 constitution.
