"1962 CONSTITUTION OF PAKISTAN"

1. Background:

The constitution of 1956 was having some flaws which could be sorted out through proper efforts of politicians.But instead of this politicians started using these weak points for promoting their narrow interests.The elected Prime Minster Hussian Shaheed Suhrawardy was dismissed  by Iskandar Mirza.All minsters and Chief Minsters were sent home and appointed on own likes and dislikes.In these circumstances in 1958 serious economic crises cropped up.Politicians started developing contacts with armed forces.In this regards Mirza invited Army Chief General Muhammad Ayub Khan to proclaim Martial Law on 8th October,1958.So after the Martial Law constitution was demolished,assemblies were dissolved all political parties were baned.

In the beginning it was claimed that president would be continuing his authorities but after 20 days later Ayub Khan also dismissed Iskandar Mirza.Ayub Khan introduced a new system of "LOCAL GOVERNMENT".He named it system of Basic Democracies (BD).Eighty thousands people known as BD members were elected from both provinces .On Ist feb,1960 he set a mandate from the BD members authorizing him to set a new Constitution in the country.the new Constitution was not drafted by the representative body but by a body of experts appointed by him.This was known as "CONSTITUTION  COMMISSION " and was suppose to work under his instructions.Many points were rejected by him as not satisfying his needs and new points were added on his likes. Constitution was proclaimed in Ist March,1962 but came into force on June 8,1962.It was the date when Martial Law was lifted,all parties were in field and dismissed government restored.

2. Salient Features:

• The parliamentary system of 1956 was replaced with presidential system.President was made strong authority.PM office was abolished.
• President to be elected by elected members of BD.The BD members were raised from eighty thousands to one hundred twenty thousands.
• President was to be Chief Executive and Head of State.He was free to nominate his cabinet members and two provincial governors.They were answerable only to him.They could last until he wants and can be dismissed at any time.
• National Assembly and Provincial Assemblies was made indirect.BD members were to act as the "ELECTROL COLLEGE".
• A Uni-camrel legislature named National Assembly of Pakistan was established.
• No court was declared as was in 1956.
• If any disagreement comes between National assembly and President,then President can refer it to BD members and by referendum it can go head. 

A council was provided to issue code of conduct for judges.Supreme Judicial council having  two senior judges of supreme court,Chief Justice of supreme court and two Judges of High court.

• No fundamental human rights were listed in it.In November 1963 on string public protest ,a list of fundamental human right was included in it.
• No new tax should be levied until National Assembly declare it.

ISLAMIC PROVISIONS:

• "The Republic of Pakistan" was given the status in original text but on strong public protest it was changed to "Islamic Republic of Pakistan" 
• In the "principles of Law Making" should not be against Islamic principles.
• Muslims will be free to live their lives according to Quran and Sun'nah.
• Teaching of Quran and Islamiyat was made compulsory for Muslims.
• Observance of Islamic Moral standards shall be promoted amongst the Muslims of Pakistan.
• Zakat, Auqaf, Masjids shall be fully organized.
• Riba shall be eliminated.
• Pakistan should strengthened his relationship with Muslims countries.
• Elected President should be Muslim.

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