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Topics: Law, State of emergency, Pakistan Pages: 5 (1448 words) Published: January 7, 2014
 Consitution of 1962

Background

On 7 Oct 1958 the military assumed power in Pakistan under the leadership of general Ayub Khan who was the Commander in Chief at that time. The military abrogated the Constitution and the federal and provincial cabinets were abolished. The national and provincial assemblies were also abolished and martial law was imposed in Pakistan.Ayub Khan became the chief martial law administrator and in this way the 1st military govt came into existence in Pakistan.  During this period General Ayub Khan who became Field Martial in Oct 1959 issued several statements on working of the governments in the past. The govt circles were generally critical of the parliamentary system of the govt which they thought was not providing stability to the country. They emphasized that any political system for Pakistan must ensure stability, continuity economic development and gradual development of democracy. 2. Constitution-Making

The first step in the direction of setting up a new political system was the introduction of new local govt system which was announced in Oct 1959 one year after the assumption of power by the armed forces. This local govt system was called as Basic Democracies (Buniadi Jamhooriatain) and under this system people elected 80000 representatives for the local councils and these representatives were divided equally between East Pakistan and West Pakistan. This local govt system had initially five levels but later on it had four levels. Union Councils, Tehsil Councils, District and Divisions. This system worked as the local govt and also performed the development work. The elections to the Basic Democracies were held in Dec, 1959 and Jan, 1960 and in this way the local govts were installed. President Ayub decided to hold Referendum for him to become an elected President and this Referendum was held on Feb 17,1960.In this Referendum the elected members of Basic Democracies voted, at that time the members of the Basic Democracies were called as BD members, So the elected BD members were to vote and in this Referendum Ayub Khan won the election with the overwhelming support and there was no candidate against him. After holding of the elections Ayub Khan decided to set up a constitution. This constitution was established in Feb, 1960 and this commission was headed by a former chief justice of Pakistan, his name was justice Shahabuddin.

3. Salient Features:

3.1 Title of the State:
When the constitution was enforced on June 8th 1962 the title of the State was given as theRepublic of Pakistan. But when this title was given there was a demand in the assembly and outside the assembly that the title should be the Islamic Republic of Pakistan that is the demand was to go back to the title that was provided in the earlier constitution of 1956.The 1956 Constitution describe the country as the Islamic Republic of Pakistan. So after some thinking on this issue 1st amendment was made in the constitution which dealt with a number of issues but here one issue is important for us that is the word Islamic were inserted in the title and therefore Pakistan once again became The Islamic Republic of Pakistan.

3.2 Presidential System:
The 2nd outstanding feature of this constitution was the Presidential System of the govt.In this way the 1962 Constitution marked a departure from the 1956 Constitution which had provided for a parliamentary system of govt, but in 1962 this was replaced with presidential system of govt. If a president had held the office for more than 8 years, he could seek re-election if, his candidature is allowed or permitted or approved by the national and provincial assemblies. To simplify what I have said, that a person could stay president for two terms consecutive terms one after the other and each term for 5 years, so a person can hold that office for 10 years.  Now if, that person wanted to go beyond that is for the 3rd term then his candidature had to...
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