A COMPARATIVE STUDY OF 1956-62 CONSITITUTION OF

PAKISTAN
ABSTRACT
Constitution is a fundamental law of a state. It describes rules and procedures for
the ideology and functioning of state institutions. Any change in the constitution portrays the
transformation in the real politics of its state. Thus a constitutional text mirrors the existing form
of state governance. can assist in understanding not only the difference between the types of
governance of these two countries but also the gradual transformation of their political systems,
through the awareness of the constitutional amendments .It is a historical fact that Pakistan was
created through constitutional and legal mean. Pakistan has had complex constitutional history.
A comparative study of 1965 and 1962 highlights the key differences of constitutional structure
but also provide an opportunity to analyze the strengths and weaknesses system of governance.

INTRODUCTION
1956 CONSTITUTION
When Chaudary Muhammad Ali became the Prime Minster, he created One Unit by uniting all
the provinces of West Pakistan on the basis of between the two wings of the country, work on the
new constitution began. After a day and night labor, the draft of the new constitution was
published on January 8, 1956 and the constitutional bill was presented in the constituent
Assembly on the next day. Discussion on the bill lasted till Feb 29, 1956. Governor General
Sikander Mirza assented to it on March 2 which was promulgated on 23 rd March 1956. Sikander
Mirza was elected as the first President of Pakistan.

1962 CONSTITUTION
Military took over on 7 Oct 1958 consequently Ayub Khan abrogated the 1956 constitution and
became the chief martial law administrator. One major task was to frame a new constitution.
Ayub Khan appointed a commission in 1960 which was assigned to prepare a report and
Commission presented its report to the president in May 1961 after then two committees
reviewed it. Under the report of these committees new constitution was drafted. Ayub announced
the constitution on March, 1, 1962 election of the national and provincial assembly were also
held in April and May 1962. The new constitution came to enforce on 8 June, 1962 martial law
withdrawn and Ayub khan became the new president of Pakistan.
FORM OF GOVERNMENT
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PARLIAMENTARY SYSTEM
In 1956 constitution the form of government was modeled on parliamentary lines which have
closer resemblance to the system as worked under 1935 act of India. Under this system Cabinet
was collectively accountable to the National Assembly all the ministers were supposed to be
member of the parliament hold the office as long as they had confidence of the majority of the
assembly.

PRESIDENTIAL SYSTEM
In 1962 constitution presidential form of government was enforced the president who must be a
Muslim was the sole authority of the government; he was elected indirectly by the Electoral
College for the period of five years. All the executive authority was vested in the President his
power to assent laws made by the legislature or to return to the National Assembly. He could
effectively control the legislative process through his ministers power to conduct the foreign and
war affairs and limited judicial function of granting pardons, reprieves etc. He was ceremonial
head of state as well as chief executive.

WRITTEN CONSTITUTION
1956 CONSTITUION
1956 constitution of Pakistan was a written constitution which consisted of 234 articles, 13 parts
and 6 schedules.
1962 CONSTITUTION
1962 constitution of Pakistan was written constitution which consisted of 250 articles, 12 parts

and 5 schedules.
METHOD OF AMENDMENT
1956 CONSTITUTION
1956 constitution is partly rigid and partly flexible so it could be easily amended according to the
changing circumstances.
1962 CONSTITUTION
In 1962 constitution the National Assembly was authorized to amend the constitution by a two
third majority with the concurrence of the President. According to the constitution if the
president withholds his assent to such bill the proposal got to be passed by a three fourth
majority of National assembly.

FEDERALISM
1956 CONSTITUTION
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1956 constitution of Pakistan provided federalism in the federal system of government there is
the division of power between center and provinces. All matters which are of national
importance are given to the centre while all matters which are of regional importance given to
provinces.
1962 CONSTITUTION
The introduction of federal system was a matter already decided in the objective resolution it was
adopted in 1956 constitution later the framers of 1962 constitution also included according to
this patterns of division of power chalked out in the constitution the powers of central
government are enumerated in a list while all residuary powers belong to the provinces within
the federal structure the central government was made domineering at the cost of provincial
autonomy.

Name of the country

PRESIDENSIAL POWERS
1956 Constitution
The executive authority of the federation was vested in the president who was to be Muslim not
less than forty years of age and qualified as member of national assembly for the term of five
years. The president was given certain legislative powers on the advice of cabinet, he can
summon, prorogue and dissolve the national assembly no bill or budget could be moved without
his permission he possessed limited veto with respect to the provincial laws.
1962 Constitution
President of Pakistan under1962 constitution exercised extraordinary powers. He was real head
of state as well as government he could appoint any minister and remove any time he wished. All
the laws made by the Parliament require the assent of the president in order to become a law. He
enjoyed the extensive executive powers.

PRINCIPLES OF POLICY
1956 Constitution
Directive principles of state policy were also incorporated in the constitution, a practice copied
from Irish Constitution and contained in 1935 Act of India as well. Some of these principles dealt
with Islamic teachings. It was also reaffirmed that Pakistan would always pay due regard to the
Charter of the United Nations and perform its due role in its efforts to maintain international
peace and security. It was also reaffirmed that Pakistan would foster fraternal relations with other
nations.
1962 Constitution
Principles of policy in 1962 constitution is national solidarity would be observed interest of the
backward people would be looked after opportunities for the participation in national life
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education and well being of people Islam would be implemented in day to day life .

FUNDAMENTAL RIGHTS
1956 Constitution
Fundamental rights were made the part of the constitution and were to be enforced by the
Supreme Court. All such laws or administrative policies which violated Fundamental rights
could be challenged in the Court of Law.
1962 Constitution
The original document of the constitution did not include a list of fundamental rights. It was in
the first amendment of the constitution in 1963, that these were included and made its part. The
list of fundamental rights incorporated almost all the rights secured to its citizens by a modern
state.

PARLIAMENT
1956 Constitution
The 1956 Constitution of Pakistan, provided unicameral system of legislature there existed only
one Chamber of the National Assembly which is consisted of three hundred members half
elected by the constituencies in East and half in the west.
1962 Constitution
Under both 1st and 2nd republics, parity of representation between West and East Pakistan was
secured within uni-cameralism, whereas seats in each of the provinces were allocated according
to the ratio of population.

DISTRIBUTION OF POWERS
1956 Constitution
Three lists were provided for the distribution of powers between centre and the provinces,
Federal list , Provincial list , Concurrent list.
1962 Constitution
1962 Constitution provided one list of subjects one set of powers was clearly laid down in the
constitution and those were the powers of the central government.

EMERGENCY POWERS
1956 Constitution
1956 Constitution also provided emergency provisions. There were 4 articles in the 1956
constitution of Pakistan which was related to the emergency.
1962 Constitution
The 1962 Constitution of Pakistan provided emergency provisions the president has the power to
proclaim emergency when the integrity of sovereignty was threatened.

Islamic Provisions
1956 Constitution
Pakistan is an ideological polity which came into being for the purpose of implementing Islamic
way of life. Hence the basic objectives of the newly created state were pre-determined. It was
included in the Preamble of the constitution which recognized sovereignty of Allah and
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reaffirmed that no law would be enacted which was against the injunctions of Islam. The name of
the republic also reflected its Islamic character.
1962 Constitution
The 1962 constitution also provide Islamic provision that sovereignty belongs to Allah and no
law should be made which was against Islam . The president was required to be Muslim

METHOD OF ELECTION
1956 Constitution
Constitution of 1956 introduced direct election and provide electoral college for the election of
the president
1962 Constitution
The framers of 1962 Constitution envisaged indirect method of election for the Presidency and
for the legislative assemblies.

ROLE OF JUDICARY
1956 Constitution
The constitution ensured necessary safeguards to secure independence of judiciary. The judges of
the superior courts were to be appointed by the head of the State and were ensured full security
of service. They could not be removed prior to their retirement except through impeachment, nor
their salaries diminished.
1962 Constitution
In Pakistan, dual system of courts does not exist as there is a single series of judicial hierarchy
with Supreme Court at the apex. Proper safeguards had been introduced under 1962 Constitution,
to ensure the independence of judiciary.

RULE OF LAW
1956 Constitution
The 1956 Constitution provided equal protection of law to all and no person is deprived o flife in
accordance with law.
1962 Constitution
1962 Constitution also provide equal protection of law.

REFERENDUM
1956 Constitution
In 1956 Constitution no referendum was held
1962 Constitution
1962 Constitution introduced a new political framework of Pakistan by Presidential referendum
was to be held on 17 ,Feb 1960 in which Ayub khan decided to hold referendum for him to
become an elected President in this the elected members of BD voted.

NATIONAL LANGUAGES
1956 Constitution
The 1956 Constitution provided Urdu and Bengalis were national languages.
1962 Constitution
The 1962 Constitution provided Urdu and Bengalis were national languages.
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ABORGATION OF 1956 &1962 CONSTITUTIONS

CONCLUSION
To conclude both of the Constitutions differ in nature as 1956 Constitution introduced
parliamentary form of government and 1962 Constitution introduced presidential form of
government .As comparative study it is a complete transformation of political structures but, they
had some similarities too.