Provision of 1962
Provision of 1962
Provision of 1962
The Constitution of 1962 was the fundamental law of Islamic Republic of Pakistan
from 8 June 1962 until martial law was declared in 25th March 1969. It was
abrogated on 25th March 1969 by President Yahya Khan.
Important Provisions:
The important provisions of constitution of 1962 are as follow:
Pakistan was named the Republic of Pakistan. The constitution provided for
a federal system with the principle of parity between East Pakistan and West
Pakistan. Both provinces would run their separate provincial governments.
The responsibilities and authority of the center and the provinces were listed
in the constitution. The central legislature had one house known as the
National Assembly. There were 157 members of the National Assembly. The
equality between the two wings was maintained in it.
The term of the president was five years to act as head of state as well as chief
executive, solely responsible for the country's administration. Governors and
ministers were appointed and removed by him. He was eligible to promulgate
ordinances and veto against legislated laws only overridable by two-thirds of
the National Assembly. However, the president was not empowered to
dissolve the Assembly except at the cost of his office also. On a charge of
violating the Constitution or gross misconduct, the president might be
impeached by the National Assembly for which one-third of the total members
of the National Assembly must give written notice to the speaker for the
removal of the president. The president was to be removed from office if the
resolution for impeachment was passed by votes of not less than three-fourths
of the total members of the Assembly. A significant feature of the
impeachment procedure was that if the resolution for the removal of the
president failed to obtain one-half of the total number of members of the
National Assembly, the movers of the resolution would cease to be members
of the Assembly.
There was no restriction on religion for a person holding the office of the
speaker of the National Assembly. Also, if the president resigned from his
office or vote of no-confidence passes against him, according to the
Constitution, the speaker would act as the president of the state till the election
of the new president. Under these special circumstances, a non-Muslim might
get the chance to be an acting president of Pakistan.
The Constitution of 1962 provided for elections of the central and provincial
legislatures for a term of five years. The members of the assemblies were
elected by the Basic Democrats. The National Assembly was exclusively
empowered to legislate for the central subjects. However, it could legislate on
matters falling under provincial jurisdiction. The power to impose taxes was
laid with the central legislature. The Assembly had to serve as a court in cases
of impeachment or conviction or declare the president incapacitated. It could
amend the Constitution with a two-thirds majority. However, if the president's
veto was overridden, he had the right to ask for the assent of the Electoral
College. The provincial assemblies' procedure was identical to that of the
National Assembly.