1.

Introduction:
The constitution of 1956 was generally based on Government of India act 1935 and constitution of 1962
introduced presidential from of the govt.
2. Points of differences between the constitution of 1956 and 1962:
Points of difference between the constitution of 1956 and 1962 are as under:
(i) Form of Government:
Constitution of 1962 introduced presidential form of Govt.
Constitution of 1956 introduced parliamentary form of Govt.
(ii) Referendum:
Constitution of 1962 introduced an institution known as referendum in the country.
Constitution of 1956 introduced no institution.
(iii) Method of Election:
Constitution of 1962 introduced indirect election.
Constitution of 1956 introduced direct election.
(iv) Islamic Institutions:
Constitution of 1962 introduced two Islamic institution i. e advisory council of Islamic ideology and Islamic
research institutions.
There was no such institute in the constitution of 1956.
(v) Supreme judicial council:
Constitutions of 1962 introduced a new institution supreme judicial council.
There was no such institution in the constitution of 1956.
(vi) Executive Powers:
Most of the executive powers vested in the president under the 1962 constitution.
Most of the executive powers were exercised by the prime minister under the constitution of 1962.
(vii) List of Subjects:
Constitution of 1962 provided only two list of subjects i. e central and provincial.
Constitution of 1956 contains three lists of subject i. e federal, provincial and concurrent matter.
(viii) Presidential Powers:
Under the constitution of 19622 president had great power.
In the constitution of 1956 the powers were reasonable.
3. Conclusion:
To conclude I can say that both of the constitution were different in nature. the constitution of 1956 introduced
parliamentary from of Govt. while constitution of 1962 introduced presidential form of Govt. However there were
some similarities between these constitutions too.

What are the differences between three constitutions of

Pakistan?
5 Answers

Anum Memon, Social Media Manager at Freelancing (2017-present)

Answered Mar 20, 2018 · Author has 146 answers and 75.2k answer views
Constitution is a set of laws/principles may be written or unwritten on which a country is acknowledged to be
governed.

Pakistan became independent of the United Kingdom in 1947. Under Section 8 of the Indian Independence Act,
1947, the Government of India Act, 1935 became, with certain adaptations, the working constitution of Pakistan.
But the need of a constitution to be framed by the elected representatives of the people was all the more necessary
for the free citizens of a sovereign state. There were three constitutions beginning by 1956 constitution, then 1962
constitution and then the last was 1973 constitution.

The first Constituent Assembly was formed under the ‘Independence Act’ and was entrusted with the task to
formulate a constitution for Pakistan.

1956 Constitution:

the first constitution that was enforced in the country on March 23, 1956. Pakistan's status as a dominion ended
and the country was declared an Islamic Republic of Pakistan. Thereupon the Constituent Assembly of Pakistan
became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President
of Pakistan.

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.

The President had the power to appoint the Prime Minister from amongst the members of the National Assembly.
However, his appointee had to take a vote of confidence from the Assembly within two months of his appointment.
The President also had the power to remove the Prime Minister if he felt that the Prime Minister had lost the
confidence of the majority of the National Assembly members.

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.

The Constitution of 1956 proved to be short lived as on 7 October 1958, President Iskander Mirza staged a coup
d'état. He abrogated the constitution, imposed martial law and appointed General Muhammad Ayub Khan as the
Chief Martial Law Administrator.

1962 Constitution:

The 1962 constitution provided for a federal system with the principle of parity between East Pakistan and West
Pakistan. Both the provinces would run their separate provincial governments. The President was the head of the
state as well as the head of the Government. . The minimum age was 35 years and he could not hold the position
for two consecutive terms and the term, was of five years.

The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor
General and Chairmen and Members of various administrative commissions.

Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections
was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth
Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from
the Western Wing of the country.

According to the Constitution of 1962, the Executive was not separated from the Legislature. The President
exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a
two-third majority. He had the power to issue ordinances when the Assembly was not in session.
The President had the power to dissolve the National Assembly. Federal form of government was introduced in the
country with most of the powers reserved for the Central Government. There was a federal list of subjects over
which the provinces had no jurisdiction. Governors were to enjoy the same position in the provinces, which the
President was to enjoy in the centre.

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.

Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official
language of the country for the first ten years. When Ayub Khan handed over

After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked
day and night to formulate a constitution for Pakistan. His efforts led to the first constitution
that was enforced in the country on March 23, 1956.

power to Yahya Khan, Martial Law was enforced in the country and the Constitution was terminated on March 25,
1969.

1973 Constitution

The 1973 Constitution was the first achievement of Bhutto Government. The National Assembly approved the 1973
Constitution on April 10, 1973, and it came into effect on August 14. Bhutto took over as the Prime Minister of
Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.

The Constitution was parliamentary in nature. President was to be the Head of the State. The head of the
Government, according to the Constitution, was the Prime Minister. The Prime Minister and his Cabinet was
accountable to the National Assembly for his actions.

The Prime Minister would be elected by the majority of the National Assembly. The President was to be a Muslim
above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be
re-elected but could not hold office for more than two terms.

The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the
grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross
misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High
Courts, and the Chief Election Commissioners.

The 1973 Constitution set up a bicameral legislature at the Centre consisting of two Houses, the National Assembly
and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The
President on the advice of the Prime Minister could dissolve the National Assembly.

The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government,
each province will have a Governor appointed by the President. The Provincial Assembly for each province
consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N W F P., and 40 seats for Baluchistan.

The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the
citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law.
National Finance Commission(NFC), Council of Common Interests(CCI) and National Economic Council(NEC)
were included in the constitution for the first time.

In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones.
The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of
Islam and to bring all existing laws in conformity with Islam.
 The Constitution of 1973 remained in force for nearly four years.

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Related QuestionsMore Answers Below

 What are some major differences between the Constitution of the Kashmir and the Constitution of India?
 What are the differences between the Chinese and American constitutions?
 What are the differences between constitutional orders and ordinances?
 What are the difference between fundamental rights in Indian and Pakistan constitution?
 What are the difference between constitution and customary law?

Qasim Ahmed
Answered Nov 20, 2018
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 third one however, was the implementation of Islamic Laws
throughout Pakistan, and its enforcement on minorities as well. The sharia court was established, and Pakistani
Law was based on Hadith and Quran, which still runs to this day. The third constitution created a ‘Political Islam’
in Pakistan, rather than the other two Constitutions which were just made as Normal Islamic Law only for
Muslims.

677 Views · View 1 Upvoter

Ahmed Rehan
Updated Oct 14, 2017 · Author has 71 answers and 120.7k answer views
As far as differences are concerned they all were based on the Government of India Act 1935 with changes adopted
with the flow of time. However, following are some of the obvious changes in those constitutions. 1956
Constitution was Semi-rigid, established Parliamentary System. 1962 constitution was rigid Constitution and
established Presidential form of government. Both 56 & 62 Constitutions established Unicameral legislature &
were less Islamic. After the secession of East Pakistan (Bangladesh) in 1971, another Constitution was crafted on
14 August, 1973 it was rigid, more Islamic, Name of the country was changed to “Islamic Republic of Pakistan”,
gave Parliamentary system & bicameral legislature.
The Constitution of 1973 remains till now with 22 amendments in it. It witnessed several major amendments like
when dictators came to power (1977 & 99) they amended the Constitution according to their will. The 8th, 13th,
17th & 18th amendments were concerned with the powers of the President.

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Saqib Ali Muhammad Aslam, Semi-Intellectual Procrastinating Subset of Homo Sapiens.

Answered Oct 9, 2017 · Author has 734 answers and 1.4m answer views
Originally Answered: What is the difference between the three constitutions of Pakistan?
Pakistan was named “Islamic Republic of Pakistan” in the last constitution. It was absent in the first 2.

The definition of a Muslim was defined in the second constitution. “One who believes in oneness of Allah and
believes in the finality of Prophet Muhammad”

If someone terminates 3rd constitution, he is subjected to death. This was absent in previous constitutions, thus
allowing military to throw off previous 2 constitutions.

Plus some minor changes.

1.3k Views

Ghazanfar Ali, Interested in politics since I was a kid

Answered Apr 26, 2018
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. The present constitution was drafted and enforced in 1973. It also enforced a
parliamentary system but declared the state religion which was not done in the previous
constitutions.Moreover,Urdu was the only national language as East Pakistan had gained independence and so
Bengali was no more a national language like it was in previous constitutions.

Compare the salient features of the constitution 1956 and 1962.(2003-A)

1. Introduction:
The constitution of 1956 as !enerall" #ased on $o%ernment of&ndia act 1935 and constitution of 1962
introduced presidentialfrom of the !o%t.
2. Points of di erences between the constitution of 1956and 1962:
'oints of di erence #et een the constitution of 1956 and 1962are as under
(i) Form of Go ernment:
Constitution of 1962 introduced presidential form of $o%t.Constitution of 1956 introduced parliamentar" form
of $o%t.
(ii) !eferendum:
Constitution of 1962 introduced an institution *no n asreferendum in the countr".Constitution of 1956 introduced
no institution.
(iii) "ethod of #$ection:
Constitution of 1962 introduced indirect election.Constitution of 1956 introduced direct election.
(i ) Is$amic Institutions:
Constitution of 1962 introduced t o &slamic institution There as no such institute in the constitution of 1956.
( ) %u&reme 'udicia$ counci$:
4. 1956 CONSTITUTION OF PAKISTAN
The Constitution of 1956 was based on India Act of 1935. The foundation of
constitution was laid down by Constituent Assembly on 12th March, 1949. The
Constituent Assembly passed a resolution on the “Aims and Objectives of the
Constitution” commonly known as the Objectives Resolution. The resolution was
presented by Liaquat Ali Khan on 07th March 1949. He announced that the future
constitution of Pakistan would not be formulated entirely on European pattern,
but on the basis of ideology and democratic faith of Islam. The resolution has
been become the part of the Constitution of Pakistan under Article 2(A). After
the nine (09) years of struggle, the Constituent Assembly passed the new
Constitution of Pakistan on 29th February 1956.4

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127

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 (13) parts and six (6) schedules. The Constitution proposed a
parliamentary form of government.5The 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. There were thirty (30) items in the federal list, 94
items in the provincial list and 19 items in the concurrent list. The federal
legislation got preference over the provincial legislation regarding the concurrent
list. The residuary powers were rested in the provinces. In case of conflict
between the centre and provinces or between the two provinces, the Chief Justice
of Supreme Court of Pakistan to worked as arbitrator.
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.6
5. SALIENT FEATURES
5.1 Written Constitution: The constitution of Pakistan was a written and
lengthy document.
5.2 Rigid Constitution: The constitution could only be amended through a
proper system through at least a two third majority of the parliament.
5.3 Islamic Republic of Pakistan: The name of the country was adopted as
“Islamic Republic of Pakistan”.
5.4 Objectives Resolution: The Objectives Resolution was included as
introductory part of the constitution.
5.5 Federal System: The constitution provided for a federal system of
government in the country and power divided between the centre and
provinces.
5.6 Unicameral Legislature: The unicameral legislature would consist of a
single house. The equal representation was given to East and West Pakistan
in the National Assembly. The National Assembly consisted of 300
members and 150 members were chosen from each wing.
5.7 Parliamentary System: A parliamentary form of government was
approved. In this form of government, the President of Pakistan was the
head of the State and Prime Minister was the head of government.
5.8 President: The president was required to be a Muslim of at least forty five
(45) years age. According to constitution, he could declare a State of

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128

emergency in the country in case of internal or external threat.

Constitutionally, he has authorized to appoint the Governors of provinces,
the Judges of the Supreme Court, Auditor General and Advocate General of
Pakistan.
5.9 Prime Minister: He 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.
5.10 Provincial Autonomy: Provincial autonomy was confirmed in the
constitution on a large scale.
5.11 Free Judiciary: An independent judiciary would be established in the
country. The Supreme Court of Pakistan shall interpret the constitution and
advise the state whenever required.
5.12 Fundamental Rights: 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.
5.13 Language: Urdu and Bengali were declared as national languages.
6.SIGNIFICANCE AND 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 in the
country on 23rd March 1956. The constitution was written and flexible. The
constitution could be changed 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.
7. ISLAMIC PROVISIONS
7.1 Islamic Republic of Pakistan: The name of the country was approved as
“Islamic Republic of Pakistan”.
7.2 Objectives Resolution: Objectives Resolution was included as preamble
part to the constitution.
7.3 Islamic Law: No law would be passed against the teachings of the Islam.
7.4 Muslim President: The President of Pakistan would be a Muslim.
7.5 Religious Freedom: Religious Freedom to allow, practice and propagate
any religion and the right to establish, maintain and manage religious
institution.
7.6 Teaching of the Holy Quran: The teaching of Holy Quran to be made
compulsory for all Muslims.

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129

7.7 Slavery and Forced Labour: The slavery and forced labour was prohibited
in Islam.
7.8 Special Taxes: No person shall be forced to pay any special taxes whose
proceeds were to be spent on the propagation of any religion.
7.9 Unity among the Muslim Countries: The unity among Muslim countries was
required to strengthen the bonds of relations with other Muslims countries.
7.10 Organization for Islamic Research: The President of Pakistan was
required to set up an organization for Islamic research and teaching in
advanced studies and instructions to assist in reconstruction of Muslim
society on truly Islamic basis.
8. SIGNIFICANCE AND IMPACT OF ISLAMIC PROVISION
The Islamic provisions were become the essential part of State policies.
According to these principles Pakistan will be declared an Islamic State and to be
known Islamic Republic of Pakistan. However, Islam was not made State
religion of Pakistan. The head of State was to be a Muslim. No law shall be
passed against the teaching of Islam. The National and Provincial Assemblies
were directed to check the legislative process with Islamic law. The riba will be

abolished as early as possible. The State would be responsible for the socio-
economic well being of the people. The head of State must be built friendly

relations with other Muslims countries.

9. ABROGATION OF 1956 CONSTITUTION
On 7th October 1958, President of Pakistan IskanderMirzaabrogated the 1956
constitution of Pakistan, and imposed martial law in the country. General
Muhammad Ayub Khan was appointed as Chief Martial Law Administrator and
Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator.
However, after the passage of three weeks General Ayub Khan overthrew the
government of IskandarMirza in October 27, 1958. He assumed the charge of the
President of Pakistan.Later on, 1962 Constitution of Pakistan was formulated
under the government of General Muhammad Ayub Khan7
.

10.1962 CONSTITUTION OF PAKISTAN

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.8
The draft of 1962 constitution was thoroughly assessment by General
Muhammad AyubKhan.The cabinet has approved the new document of Pakistan.
Subsequently the draft of constitution was passed by the President of Pakistan on

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130

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.9
10.1 Pakistan was named as “Republic of Pakistan”.
10.2 1962 constitution of Pakistan provided for a federal system of government
in the country.The procedure of parity between East and West Pakistan
was employed.
10.3 The constitution provided the presidential form of government.
10.4 The responsibility of authority among the centre and provinces was clearly
stated in the constitution. The central legislation was responsible of one
house known as the “National Assembly”.
10.5 There were 156 members of the National Assembly. The equality between
the two wings of Pakistan was upheld strictly.
10.6 The President must be Muslim and not less than 35 years old. He must be
qualified to contest the election of National Assembly and to be elected
indirectly by an Electoral College in accordance with the provisions as
mentioned in the constitution.
10.7 The Electoral College fixed the limit of 80,000 Basic Democrats (B.D),
which were equally distributed between two provinces.10
10.8 The term of President of Pakistan was fixed for five (05) years.
10.9 The appointment and removal of Governors and Ministers was to be made
by the President of Pakistan.
10.10 The constitution of 1962 authorized the President of Pakistan fully to
promulgate the ordinance.
10.11 A significant feature of impeachment of President of Pakistan was that if
the resolution forremoval of President fails to obtain one half of the total
number of votes in the NationalAssembly then opposition would cease to
keep the membership of the Assembly.
10.12 There was no restriction of religion for a person holding the office of the
Speaker ofNational Assembly.
10.13 Urdu and Bengali were recognized as national languages.

10.14 If the president of Pakistan resigns from his position or vote of no-
confidence passesagainst him then according to constitution the Speaker

would act as the president ofPakistan till the selection of new president.
10.15 Under these special circumstances, a non-Muslim might get the chances to
be act as anActing President of Pakistan.
10.16 1962 constitution of Pakistan provided the mode of election for National
and ProvincialAssemblies for a term of five years.
10.17 The National Assembly was fully empowered to legislate for the central
subjects.
10.18 The procedure of the Provincial Assembly was similar to the National
Assembly.

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131

11. SALIENT FEATURES

11.1 Written Constitution: The constitution of 1962 was a written document.
It was consisted of five schedules and 250 articles.
11.2 Rigid Constitution: It was a rigid constitution of the country. It can only
be amended through a particular process. If an amendment to the
constitution was passed by at least two third majorities of the parliament
and after confirmation of the President, it would become a part of law.
11.3 Federal System: A federalsystem of government wasintroduced in the
country. It consisted to central and provincial governments that comprising
to East and West Pakistan.
11.4 Presidential Form of Government: In presidential form of government
thePresident was the executive head of the country. He was empowered to
nominate the Ministers of his cabinet.
11.5 Unicameral Legislature: The legislature would consist of a single house.
Both the wings of the country were given equal representation in the
National Assembly. The National Assembly consisted of 300 members.
The 150 members were taken from each wing.
11.6 Indirect Method of Election: The President was elected by an Electoral
College comprising 80,000 Basic Democrats that were equally distributed
between the two provinces.
11.7 Provincial Government: There were two provincial governments. Each
of them was headed by a Governor. The Governor enjoyed the veto
powers in the province as president enjoyed the power in the centre. The
Governor was empowered to appoint ProvincialMinisters with the
approval of President of Pakistan.
11.8 Provincial Legislature: Each Province has provided a legislature.
Originally, it consisted of 150 members. However, later on the strength of
members was increased to 218.
11.9 Powers of President: The1962 Constitution of Pakistan delegated the
powers to President for a five (05) year term. He was authorized to
promulgate ordinances and use his veto power against legislated laws. The
laws could only be enforced with two thirds majority of the National
Assembly. However, the President was not empowered to dissolve the
Assembly.
11.10 Restrictions to the President: The President was not permitted to hold
any office of profitin the service of Pakistan but not prevented from
holding and managing private property.
11.11 Islamic Law: No Lawwould be passed against the teachings of Quran and
Sunnah.
11.12 Fundamental Rights: The Constitution of 1962 laid down fundamental
rights of thecitizen i.e. free speech and expression, freedom to choose
profession and freedom to exercise religion.

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132

11.13 Role of Judiciary: The judiciarywas responsible for the interpretation of

laws and executive orders in the light of principlesembodied in a written
constitution.
11.14 Supreme Judicial Council: A supreme judicial council consisted of two
judges of Supreme Court; Chief Justice of Supreme Court and two judges
of high courts.
12. ISLAMIC PROVISION
12.1 The introduction of 1962 Constitution of Pakistan was based on the
Objectives Resolution.
12.2 The constitution defined the name of Pakistan as “Islamic Republic of
Pakistan”.
12.3 No law shall be passed which is repugnant to the teachings and
requirements of Islam as set out in the Holy Quran and Sunnah and all
existing laws shall be brought in compliance with the Quran and Sunnah.
12.4 Only a Muslim could be qualified for the election of President.
12.5 Teaching of Quran and Islamic Study was made compulsory for the
Muslims students of Pakistan.
12.6 Proper system of Zakat, Waqf and Mosques was adopted.
12.7 The Islamic provision introduced an Advisory Council of Islamic Ideology
which was to be appointed by the President. The purpose of this Council
was to make recommendations to the government which would allow and
encourage the Muslims of Pakistan, to lead their lives in accordance with
the doctrine and concepts of Islam and to examine all laws in force with a
view to bring them into uniformity.
12.8 The state should attempt to strengthen the bonds of unity among the
Muslims countries.
12.9 There shall be an Institute to be known as “Islamic Research Institute” and
shall beestablished by the President of Pakistan. At present, the Institute is
the constituent unit of International Islamic University, Islamabad.11
12.10 The function of the Islamic research Institute was that to carry out Islamic
research andteaching of Islam for the transformation of Muslim society on
a truly Islamic basis.
13. SIGNIFICANCE AND IMPACT
1962 constitution of Pakistan provided the presidential form of government. The
constitution was enforced in the country in June 08, 1962. According to
constitution president was become the head of state and head of the government.
The president must be Muslim and not less than 35 years old. He must be
qualified to contest the election of National Assembly and to be elected by an
Electoral College. The Electoral College fixed the limit of 80,000 Basic
Democrats, which were equally distributed between to provinces. The
constitution authorized the president of Pakistan fully to promulgate the
ordinance. A significance aspect of impeachment of president was that if the
resolution for removal of president not succeeded to obtain one half of the total

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133

number of votes in the National Assembly then opposition would cease to keep
the membership of the assembly. The other demerit of 1962 constitution was that
there was no restriction of religion for a person holding the office of the speaker
of National Assembly. Under these exceptional situations a non-Muslim might
get the chance to be an acting president of Pakistan till the completion of election
procedure of new president.
14. ABROGATION OF 1962 CONSTITUTION
1962 Constitution of Pakistan was abrogated by General Muhammad Ayub
Khan, President of Pakistan and martial law was imposed in the country on
25thMarch 1969. The power was handed over to General Muhammad Yahya
Khan, Army Commander-in-Chief. After assuming the charge of presidency,
General Yahya Khan, agreed to popular demands by abolishing the one unit
system in West Pakistan and planned for general elections in the country on the
principle of one man one vote.
15. COMPARISON BETWEEN 1956 AND 1962 CONSTITUTIONS OF
PAKISTAN
The 1956 constitution of Pakistan was based on India Act of 1935 and allowed
the parliamentary form of government12 whereas 1962 constitution of Pakistan
provided the presidential form of government13. The constitution of 1956
recognized the model of one Unit. The seats were equally divided between the
two Wings of the country, whereas 1962 constitution provided the federal form
of government with the principle of parity between East and West Pakistan. Both
the provinces would run their separate provincial governments in the country. In
this form of government, the president of Pakistan was the head of the State and
head of the government.14
The structure of constitutions is as under:
Category 1956 1962
Form of
government

Parliamentary form of
government.
Presidential form of government.

Referendum Did not introduce any

system of referendum in
the country.

Introduced the system of referendum

in the country.

Mode of Election The direct system of

election was approved
under the adult
franchise.

The indirect system of election was

allowed. According to this system only
80,000 Basic Democrats were given
the right to cast their votes in the
presidential election. Later on the
Eighth amendment increased the
number from 80,000 to 120,000.

Islamic Institution No Islamic institution

was founded.

Originated the two Islamic institutions

in the country. One is the Islamic
Ideology Council and second is the

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134
Islamic Research Institute.

Supreme Judicial
Council

No supreme judicial
council was established
in the country.

Formed a separate judicial council in

the country.

Executive Powers Most of the executive

powers rested with the
Prime Minister.

Most of the executive powers to be

exercised by the President.
Lists of Subjects Three (03) lists of
subject’s i.e. federal,
provincial and
concurrent list.

Two (02) lists of subject’s i.e. central

and provincial list.

Presidential
powers

The reasonable power

provided to the
president.

The much more powers allowed to the

president.

Fundamental
rights

Provided the
fundamental rights.

Ignored the fundamental rights.

Islamic provisions The Islamic provision

was included.

The Islamic provision was included.

16. CONCLUSION
Before 1956 the political system of Pakistan was remained under the great hold
of feudal or landlords in centre and provinces. It is mentioned that most of the
political parties were depended on feudal and they provided the money to voters
for the fake of their own interest. These people were dominated in politics in
Pakistan political history. Quaid-e-Azam Muhammad Ali Jinnah was also lawyer
and great leader of sub-continent Muslims. But after the death of founder of
Pakistan there was no young leadership in Pakistan, who had played the
significant role in the political stability of Pakistan. According to 1956
constitution of Pakistan, the head of state had no role to play in politics. In
Pakistan the democratic era that consisted from 1951-1956 is called the weak
political period of Pakistan. Actually these heads of state violated the rule and
regulation and also involve in the political activities. They also involved to
makes unstable government at centre and in provinces. There are numerous
causes for the failure of democratic system in Pakistan from 1947-1956 like weak
political parties, dishonest leadership, political and religious conflicts and
bureaucracy that created the problem for every government.
In 1956 constitution of Pakistan was laid down on the pattern of government of
India Act of 1935. The first Constituent Assembly was elected in 1947 and
passed the resolution on 12th March 1949, in the name of Objectives
Resolution. The resolution was presented by Liaquat Ali Khan, the then Prime
Minister of Pakistan. After the nine (09) years of struggle, the Assembly passed
the new constitution of Pakistan on 29th February 1956. The new Constitution
was enforced in the country on 23rd March 1956.The constitution of 1956 was a
written and a flexible document. It contained of 234 articles, divided into
thirteen (13) parts and six schedules. It advocated the fundamental rights of the

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individual. However, the president had the power to suspend these rights in
case of an emergency. The Constitution provided the parliamentary form of
government with a unicameral legislature. The main component of the
constitution was similar to the one unit in the centre. The constitution
recognized the concept of One Unit and seats were equally distributed between
the two wings of the country. For the first ten (10) years, five additional seats
were reserved for women for each wing. The Constitution of 1956 was not
lived long as on October 7, 1958, martial law was promulgated and constitution
was abrogated.After the passage of three weeks General Muhammad Ayub
Khan overthrows the government of IskanderMirza in October 27, 1958. Soon
after coming to the power, the new military government promised that they
would carry out reforms in the entire government structure. He started land
reform policy in the West Pakistan. The land reforms included the reduction of
land ceiling to 1,000 acres for non-irrigated land and 500 acres for irrigated
land and with ownership rights were granted to the tenants. In 1960, Ayub
Khan appointed a Constitution Commission under the supervision of Justice
Shah-ud-din. After a number of considerations, the Commission submitted its
report on 6th May, 1961. The draft of 1962 Constitution of Pakistan was
approved by General Muhammad Ayub Khan on March 1, 1962.The new
constitution of Pakistan was implemented in the country on June 08, 1962. The
Constitution consisted of 250 articles divided into twelve (12) parts and three
schedules. The 1962 constitution of Pakistan introduced the Presidential form
of government. The President should be a Muslim not less than 35 years age.
The President is the head of state as well as the head of government. According
to 1962 Constitution of Pakistan, the executive was not separated from the
legislature. The President exercised the veto power in the legislative affairs and
could even veto a bill passed by the National Assembly with a two third
majority. General Ayub Khan suspended the Martial Law and proclaimed the
1962 Constitution of Pakistan. But unfortunately in 1969 Martial Law was
again imposed by Ayub Khan and constitution was terminated on 25th March
1969 and power handed over to General YahyaKhan.It is stated that before
1962, the political system of Pakistan was remained under control of military
personal. Both the constitutions were very different in nature. However, there
are some similarities among both constitution of Pakistan.