What are the common and distinct Features Of 1956 and 1962 Constitution of Pakistan
Introduction
The Constitution of Pakistan 1956 was the first constitution of Pakistan, adopted on March 23, 1956. It was based on the Government of India Act 1935, which had been in use in British India. The constitution was adopted by the Constituent Assembly of Pakistan, which was elected in 1954. The constitution was in effect for just over two years, from 1956 to 1958.
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1956 and 1962 of Pakistan |
The main features of the 1956 constitution were:
A federal system of government, with the President as the head of state and the Prime Minister as the head of government.
A bicameral legislature, consisting of the National Assembly and the Senate.
A system of separate electorates, where different religious communities were represented in the legislature through separate electoral constituencies.
A provision for the President to dismiss the Prime Minister and dissolve the National Assembly.
The Constitution of Pakistan 1962 was the second constitution of Pakistan, adopted on March 2, 1962. It was adopted by the same Constituent Assembly that had adopted the 1956 constitution. The 1962 constitution replaced the 1956 constitution and was in effect until 1969.
The main differences between the 1956 and 1962 constitutions were:
The 1962 constitution abolished the system of separate electorates and introduced a system of joint electorates, where all citizens were able to vote for candidates from any religious community.
The 1962 constitution limited the President's power to dismiss the Prime Minister and dissolve the National Assembly.
The 1962 constitution introduced the principle of "basic democracy" and provided for the election of local government officials by the people.
The 1962 constitution abolished the office of the Prime Minister and replaced it with the office of the President, who was also the head of government.
The 1962 constitution provided for the creation of a unicameral legislature, the National Assembly, with the Senate being abolished.
The 1962 constitution provided for the establishment of a Council of Common Interests to ensure that the interests of all provinces were protected.
Overall, the 1962 constitution was seen as more democratic and progressive than the 1956 constitution, as it abolished the system of separate electorates, limited the President's powers, and introduced the principle of "basic democracy". However, the 1962 constitution was also criticized for giving too much power to the President and for not adequately protecting the rights of the province.
Common Provision in 1956 and 1962 Constitution
The 1956 Constitution of Pakistan and the 1962 Constitution share several common features, including:
Federal Structure:
- Both constitutions establish Pakistan as a federal state, with a central government and provinces that have a certain degree of autonomy.
Islamic Republic:
- Both constitutions declare Pakistan as an Islamic republic, where the principles of Islam are to be followed in the governance of the country.
Presidential System:
- Both constitutions establish a presidential system of government, where the president is the head of state and government, and is elected by the members of the national assembly and senate.
Bicameral Legislature:
- Both constitutions establish a bicameral legislature, consisting of the National Assembly and the Senate. The National Assembly is the lower house, and the Senate is the upper house.
Judiciary:
- Both constitutions establish an independent judiciary, with the Supreme Court at the top, and lower courts at the provincial and district level.
Fundamental Rights:
- Both constitutions provide for certain fundamental rights for citizens, such as freedom of speech, freedom of religion, and protection against discrimination.
Emergency Powers:
- Both constitutions provide for emergency powers, where the president can take certain actions in the event of a national emergency.
Amendment Process:
- Both constitutions establish a process for amending the constitution, which requires a two-thirds majority vote in the National Assembly and Senate.
Concluding Remarks:
Overall, both constitutions establish the framework for the governance of Pakistan as a federal, Islamic republic with a presidential system of government, bicameral legislature, independent judiciary, and protected fundamental rights for citizen.
