887 (#929) ############################################
CONSTITUTION OF 1962
887
Allah and the authority exercised by the people was a sacred trust.
CONSTITUTION OF 1962
887
Allah and the authority exercised by the people was a sacred trust.
Cambridge History of India - v4 - Indian Empire
The Re-
port of the Basic Principles Committee was sent to the Drafting
Committee of the Constitutional Experts on 16 October, 1954.
The draft constitution was sent for printing so that the same was to
be in the hands of the members of the Constituent Assembly on 27
October, 1954. However, the Constituent Assembly was dissolved
by the Governor-General by means of a Proclamation on 24 Octo-
ber, 1954. Mohammad Ali Bogra formed a new cabinet in which
men like General Iskander Mirza, H. S. Suhrawardy and Dr. Khan
Saheb were included. The legality of the order of the Governor-
General was challenged but the same was upheld by the Federal
Court of Pakistan.
To begin with, the Governor-General decided to call a Con-
stitutional Convention to frame a constitution for Pakistan. How-
ever, on the advice of the Federal Court of Pakistan, the idea was
given up and orders were passed on 28 May, 1955 for electing
members to the Second Constituent Assembly of Pakistan. The
new Constituent Assembly consisted of 80 members equally divided
between two wings of Pakistan. The Muslim League was able to
capture only 25 seats in the new Constituent Assembly. 16 seats
were won by the United Front, 13 by the Awami League, 11 by
the Minority communities and 7 members were independents. A
coalition Government was formed at the Centre. All the pro-
vinces of West Pakistan were merged into one unit. The first
session of the Second Constituent Assembly was held at Murree in
July, 1955. The second session was held in August, 1955. On 8
January, 1956, the Constitution Bill was published and the same
was passed by the Constituent Assembly. The Constitution
adopted on 29 February, 1956 and the same came into force on 23
March, 1956.
was
CONSTITUTION OF PAKISTAN (1956)
The Constitution of 1956 had a Preamble in which it was stated
that the people of Pakistan had decided to constitute the people of
Pakistan into a sovereign people's state based on Islamic principles
of social justice. The aims of the new state were to secure for all
citizens freedom, equality, tolerance and social justice as enunciated
## p. 880 (#922) ############################################
880
PAKISTAN
by Islam. It was declared that sovereignty belonged to the Almighty
Allah. The authority of the people was a sacred trust from Allah
to be exercised within the limits prescribed by Him. Legislative
and executive action was liable to be impugned if it was repugnant
to the fundamental rights embodied in the Constitution. Provision
was made for Directive Principles of State Policy. Those provis-
ions were declared to be binding on all the organs of the Govern-
ment and all persons holding public office but could not be en-
forced by any court.
The Governor-General was replaced by an elected President.
Special restrictions were placed on the legislative and executive
powers of the Federation of Pakistan and the provinces constituting
it. The two units of the Federation were placed on a footing of
equality. Provision was made for further accessions to the terri-
tory of Pakistan but not for secession. Three Legislative Lists de-
fined the powers of Federal Government and the provinces. The
residuary powers were left with the provinces. All legislatures
were to be unicameral. It was left to Parliament to decide whether
there was to be any communal representation or not and ultimately
the decision was against it. Provision was made for a parliament-
ary form of Government in which the President was a constitu-
tional head. There was to be one citizenship for Pakistan. There
was to be the Supreme Court of Pakistan and High Courts of the
provinces. These courts were given the power of issuing prerogative
writs and were required to act as the guardians and interpreters of
the Constitution. They could declare any law invalid. Provision
was made for a uniform civil and criminal law.
The Constitution guaranteed fundamental rights such as the
right to equality, protection against retrospective offences or punish-
ments, safeguards against arrests and detention, freedom of speech,
freedom of assembly, freedom of association, freedom of move-
ment, right to hold and dispose of property, freedom of trade or
business, protection of cultural and educational rights, protection
of rights against exploitation and the right to constitutional re-
medies. If there was a conflict between a fundamental right and
any law of Pakistan, that law was to be void to the extent of its
repugnancy. No law could take away any fundamental right or
abridge the same.
Provision was made for a National Economic Council and Finance
Commission. Both the Federal Government and the provinces were
given representation on both of these bodies. The National
Economic Council was required to formulate an economic policy
for Pakistan and the Finance Commission was required to decide
## p. 881 (#923) ############################################
MINISTRIES IN PAKISTAN
881
how the proceeds of distributable taxes were to be divided between
the Centre and the provinces.
Chaudhuri Mohammad Ali was succeeded by H. S. Suhrawardy
as Prime Minister of Pakistan and he remained in office from 12
September, 1956 to 18 October, 1957. He possessed a dynamic
personality. He was responsible for the Calcutta Killing of August
1946. As a leader of Opposition, he had established his reputation
as a man of national stature and great parliamentarian. His speeches
in the legislature were remarkable for forensic brilliance, the like
of which had not been seen before. He was acceptable to the
people of both wings of Pakistan although his party, the Awami
League, was poorly organised in West Pakistan. His tenure of
office is known for the remarkable work done for the rehabilitation
of the refugees in Pakistan. The Prime Minister warned the
services to desist from interfering in politics. He was responsible
for the wholesale transfer of Secretaries and Joint Secretaries from
their entrenched positions in their ministries. Mr. Suhrawardy be-
lieved that Pakistan's membership of the military alliances was a
condition of her survival and neutrality was the surest invitation to
aggression. He was pro-West and he gave unqualified backing to
the western policies in Hungary and the Middle East, particularly
the Suez. As a matter of fact, he went out of the way to support
the cause of the West even at the cost of his personal popularity.
He had to make many compromises but in spite of that his position
became weak and he was succeeded by Mr. I. I. Chundrigar as
Prime Minister on 18 October, 1957 and the latter remained in
office up to 16 December, 1957. The new Prime Minister was
more a lawyer than a politician. He possessed neither the dash nor
the determination of Mr. Suhrawardy. In every way, he was a
weak Prime Minister and he had to go within less than two
months.
Chundrigar was succeeded by Malik Firoz Khan Noon and the
latter was the Prime Minister from 16 December, 1957 to 7th
October, 1958. The prestige of the office of the Prime Minister
reached its lowest ebb during his tenure of office. The majority
behind the Government was largely of the Republicans and the
Awamis were able to hold the Government to ransom on every
major policy or decision that was against their interests or those
of their leaders. Mr. Noon removed Mr. Fazl-ul-Haq from
the Governorship of East Pakistan after the latter had dismissed the
Ata-ur-Rehman ministry. The Central Government gave help to
the Provincial Governments. Mr. Noon tried to strengthen his
position by increasing the strength of his Cabinet to 26 in a house
of 80 members. No wonder, the President of the Muslim League
## p. 882 (#924) ############################################
882
PAKISTAN
-
described the Republican party as an employment exchange for
finding jobs for the members of Parliament. Mr. Noon was the
first Prime Minister who justified the existence of landlordism as a
stabilizing force in society. To quote him, “There has been a
great deal of talk about such reforms. Most of the advocates of
land reforms were city dwellers who had no knowledge of agri-
culture and not many of them knew what they were talking about. "
There was a lot of dissatisfaction in the country. President Iskander
Mirza took advantage of it and issued on 7 October, 1958 a Pro-
clamation by which he abrogated the Constitution of 1956. The
Central and Provincial Governments were dismissed. The National
Parliament and Provincial Assemblies were dissolved. All political
parties were banned. Until alternative arrangements were made,
Pakistan was to be under martial law. General Mohammad Ayub
Khan, the Commander-in-Chief of Pakistan, was appointed the
Chief Martial Law Administrator.
The Proclamation issued by the President on 7 October, 1958
was in these words:-
“For the last two years, I have been watching, with the deepest
anxiety, the ruthless struggle for power, corruption, the shameful
exploitation of our simple, honest, patriotic and industrious masses,
the lack of decorum, and the prostitution of Islam for political
ends. There have been a few honourable exceptions. But being in
a minority they have not been able to assert their influence in the
affairs of the country.
“These despicable activities have led to a dictatorship of the
lowest order. Adventurers and exploiters have flourished to the
detriment of the masses and are getting richer by their nefarious
practices.
“Despite my repeated endeavours no serious attempt has been
made to tackle the food crises. Food has been a problem of life
and 'death for us in a country which should be really surplus.
Agriculture and land administration have been made a hand-mai-
den of politics so that in our present system of government, no
political party will be able to take any positive action to increase
production. In East Pakistan, on the other hand, there is a well
organized smuggling of food, medicines and other necessities of
life. The masses there suffer due to the shortage so caused in
and the consequent high prices of, these commodities. Import of
food has been a constant and serious drain on our foreign exchange
earnings in the last few years, with the result that the Government
is constrained to curtail the much needed internal development
projects.
“Some of our politicians have lately been talking of bloody revo-
## p. 883 (#925) ############################################
GENERAL AYUB TAKES OVER
883
lution. Another type of adventurers among them think it fit to
go to foreign countries and attempt direct alignment with them
which can only be described as high treason.
“The disgraceful scene enacted recently in the East Pakistan
Assembly is known to all. I am told that such episodes were
common occurrences in prepartition Bengal. Whether they were
or not, it is certainly not a civilized mode of procedure. You do
not raise the prestige of your country by beating the Speaker,
killing the Deputy Speaker and desecrating the National Flag.
“The mentality of the political parties has sunk so low that I am
unable any longer to believe that elections will improve the present
chaotic internal situation and enable us to form a strong and stable
Government capable of dealing with the innumerable and complex
problems facing us today. We cannot get men from the Moon.
The same group of people who have brought Pakistan on the
verge of ruination will rig the elections for their own ends. They
will come back more revengeful, because I am sure the elections
will be contested, mainly, on personal, regional and sectarian
basis. When they return, they will use the same methods which
have made a tragic farce of democracy and are the main cause of
the present widespread frustration in the country. However much
the administration may try, I am convinced, judging by shifting
loyalties and the ceaseless and unscrupulous scramble for office,
that elections will be neither free nor fair. They will not solve
our difficulties. On the contrary, they are likely to create greater
unhappiness and disappointment leading ultimately to a really
bloody revolution. Recently, we had elections for the Karachi
Municipal Corporation. Twenty per cent of the electorate exer-
cised their votes, and out of these, about fifty per cent were bogus
votes.
"We hear threats and cries of civil disobedience in order to
retain private volunteer organizations and to break up the One
Unit. These disruptive tendencies are a good indication of their
patriotisni and the length to which politicians and adventurers
are prepared to go to achieve their parochial aims.
“Our foreign policy is subjected to unintelligent and irresponsible
criticism, not for patriotic motives, but from selfish viewpoints
often by the very people who were responsible for it. We desire
to have friendly relations with all nations, but political adventurers
try their best to create bad blood and misunderstandings between
us and countries like the U. S. S. R. , the U. A. R. and the People's
Republic of China. Against India, of course, they scream for war,
knowing full well that they will be nowhere near the firing line.
In no country in the world, do political parties treat foreign policy
## p. 884 (#926) ############################################
884
PAKISTAN
in the manner it has been done in Pakistan. To dispel the con-
fusion so caused, I categorically reiterate that we shall continue
to follow a policy which our interests and geography demand and
that we shall honour all our international commitments which, as
is well known, we have undertaken to safeguard the security of
Pakistan and, as a peace loving nation, to play our part in averting
the danger of war from this troubled world.
“For the last three years, I have been doing my utmost to work
the Constitution in a democratic way. I have laboured to bring
about coalition after coalition, hoping that it would stabilize the
administration and that the affairs of the country would be run
in the interest of the masses. My detractors, in their dishonest
ways, have on every opportunity, called these attempts Palace in-
trigues. It has become fashionable to put all the blame on the
President. A wit said the other day, 'If it rains too much it is
the fault of the President and if it does not rain it is the fault
of the President. If only I alone were concerned, I would go on
taking these fulminations with the contempt they deserve. But
the intention of these traitors and unpatriotic elements is to destroy
the prestige of Pakistan and the Government by attacking the
Head of the State. They have succeeded to a great extent, and,
if this state of affairs is allowed to go on, they will achieve their
ultimate purpose.
"My appraisal of the internal situation had led me to believe
that a vast majority of the people no longer have any confidence
in the present system of Government and are getting more and
more disillusioned and disappointed and are becoming dangerously
resentful of the manner in which they have been exploited. Their
resentment and bitterness are justifiable. The leaders have not
been able to render them the service they deserve and have failed
to prove themselves worthy of the confidence the masses had re-
posed in them.
“The Constitution which was brought into being on 23rd March,
1956, after so many tribulations, is unworkable. It is full of
dangerous compromises so that Pakistan will disintegrate internally
if the inherent malaise is not removed. To rectify them, the coun-
try must first be taken to sanity by a peaceful revolution. Then,
it is my intention to collect a number of patriotic persons to
examine our problems in the political field and devise a Constitution
more suitable to the genius of the Muslim people. When it is
ready, and at the appropriate time, it will be submitted to the
referendum of the people.
"It is said that the Constitution is sacred. But more sacred than
the Constitution or anything else is the country and the welfare
## p. 885 (#927) ############################################
PAKISTAN UNDER AYUB KHAN
885
and happiness of its people. As Head of the State, my foremost
duty before my God and the people is the integrity of Pakistan. It
is seriously threatened by the ruthlessness of traitors and political
adventurers whose selfishness, thirst for power and unpatriotic
conduct cannot be restrained by a government set up under the pre-
sent system. Nor can I any longer remain a spectator of activities
designed to destroy the country. After deep and anxious thought,
I have come to the regrettable conclusion that I would be failing in
my duty if I did not take steps, which in my opinion, are inescap-
able in present conditions, to save Pakistan from complete disrup-
tion. I have, therefore, decided that:-
(a) The Constitution of the 23rd March, 1956 will be abro-
gated.
(b) The Central and Provincial Governments will be dismiss-
ed with immediate effect.
(c) The National Parliament and Provincial Assemblies will
be dissolved.
(d) All political parties will be abolished.
(e) Until alternative arrangements are made, Pakistan will
come under Martial Law. I hereby appoint General
Mohammad Ayub Khan, Commander-in-Chief, Pakistan
Army, as the Chief Martial Law Administrator and place
all the Armed Forces of Pakistan under his command.
“To the valiant Armed Forces of Pakistan, I have to say that
having been closely associated with them since the very inception
of Pakistan, I have learned to admire their patriotism and loyalty.
I am putting a great strain on them. I fully realize this, but I ask
you, Officers and men of the Armed Forces, on your service depends
the future existence of Pakistan as an independent nation and a
bastion in these parts of the Free World. Do your job without
fear or favour and may God help you.
"To the people of Pakistan I talk as a brother and a fellow com-
patriot. Present action has been taken with the utmost regret but
I have had to do it in the interests of the country and the masses,
finer men than whom it is difficult to imagine. To the patriots
and the law abiding, I promise you will be happier and freer. The
political adventurers, the smugglers, the blackmarketeers, the hoar-
ders, will be unhappy and their activities will be severely restricted.
As for the traitors, they had better flee the country if they can. . .
وو
AYUB KHAN (1958-1969)
Within three weeks of the issuing of the Proclamation on 7
October 1958, President Iskander Mirza was ousted and General
## p. 886 (#928) ############################################
886
PAKISTAN
Ayub Khan himself became the President and Prime Minister of
Pakistan. He continued to occupy that position up to March
1969. The new regime acted in a ruthless manner. The severest
penalties were imposed on those who dared to violate the Martial
Law Regulations. It was ordered that no person shall obstruct
or interfere in any manner with any person who was acting in the
execution of his duties under martial law and if any person dared
to do so, he was to be sentenced to 14 years' rigorous imprisonment.
No person was to give wilfully false evidence or refuse to give
evidence in any investigation or trial held under the Regulations
and the punishment for its violation was death. No person was
to commit an act or was to be guilty of an omission or was to make
a speech prejudicial to good order or public safety and its viola-
tion was to be punished with 10 years' rigorous imprisonment.
No one by word of mouth or in writing or by signals or otherwise
was to spread reports calculated to create alarm or despondency
amongst the public or calculated to create dissatisfaction towards
the Armed Forces and police or any member thereto and the vio-
lation of the rule was to be punished with 14 years' rigorous im-
prisonment.
President Ayub Khan set up a strong Government in Pakistan,
which believed neither in favouritism nor in corruption. The
result was that the undesirable elements in the country were
crushed with a heavy hand. Blackmarketing disappeared. The
corrupt people were severely punished. Everybody was made to
work or quit. There was no place for lethargy or indiscipline.
The tone of the administration underwent a revolution. Inefficiency
was replaced by efficiency. The economic condition of the coun-
try was improved and the prestige of the country in the international
sphere arose.
CONSTITUTION OF 1962
President Ayub Khan promised to give the people of Pakistan a
constitution and he fulfilled his promise in 1962. On 17 February,
1960, he appointed a Commission to examine the progressive failure
of parliamentary Government in Pakistan leading to the abrogation
of the constitution of 1956 and to make recommendations for the
future constitution of Pakistan. The Commission submitted its
report on 29 April, 1961. A new constitution for Pakistan was
drafted and the same came into force on 8 June, 1962. It remain-
ed in operation up to March, 1969 when the same was abrogated.
The new Constitution of Pakistan had a Preamble wherein it was
stated that sovereignty over the entire universe belonged to Almighty
## p.
887 (#929) ############################################
CONSTITUTION OF 1962
887
Allah and the authority exercised by the people was a sacred trust.
The territories included in Pakistan formed a federation in which
the provinces enjoyed as much autonomy as was consistent with the
unity and interests of Pakistan as a whole. It was the will of the
people of Pakistan that the state should exercise its power and
authority through representatives chosen by the people. The princi-
ples of democracy, freedom, equality, tolerance and social justice
as enunciated by Islam were to be fully observed in Pakistan. The
Muslims of Pakistan were to be enabled individually and collective-
ly, to live their lives in accordance with the teachings and require-
ments of Islam. The legitimate interests of the people in Pakistan
were to be adequately safeguarded. The fundamental human rights
were to be preserved in so far as those were consistent with the
security of the state, public interest and requirements of morality.
The independence of the judiciary was to be safeguarded.
The State of Pakistan was declared to be a republic. It con-
sisted of two provinces of East Pakistan and West Pakistan. Pakis-
tan had a federdal form of Government. The powers given to the
federation were enumerated in the Third Schedule to the Constitu-
tion. An attempt was made to reconcile the regional demands of
East Pakistan which resented the domination of West Pakistan.
The Constitution provided for the establishment of the seat of the
National Assembly at Dacca and the Headquarters of the Govern-
ment of Pakistan at Islamabad in West Pakistan. Dacca was made
the second capital of Pakistan. Both Urdu and Bengali were made
the national languages of Pakistan in order to give satisfaction to
the people of East Pakistan. Both East and West Pakistan were
given equal representation in the National Assembly. Article 16
specifically provided that “parity between provinces in all spheres
of the Central Government should as nearly as practicable be
achieved. "
The Constitution provided for the principles of law making. It
was the responsibility of each legislature to ensure that no law was
made by it if it disregarded, violated or was otherwise not in accord-
ance with those principles. The responsibility for deciding whe-
ther a proposed law did or did not disregard or violate or was not
otherwise in accordance with the principles of law making was
that of the legislature concerned. However, the National Assembly,
the Provincial Assembly, the President or Governor of a province
could refer to the Advisory Council of Islamic Ideology for advice
any question that might arise whether a proposed law disregarded
or violated or was otherwise not in accordance with the principles.
The validity of a law was not to be called in question on the ground
that the law disregarded, violated or otherwise not in accordance
a
## p. 888 (#930) ############################################
888
PAKISTAN
a
own.
with the principles of law-making. The principles of law making
included that no law was to be repugnant to Islam. All citizens
were to be equal before the law, were entitled to equal protection
of the law and were to be treated alike in all respects. No law
was to impose any restriction on the freedom of citizens to assemble
peacefully and without arms or to form associations or unions.
No law was to put any restriction on the freedom of a citizen to move
throughout Pakistan or to reside or settle in any part of Pakistan.
No restriction was to be imposed on the freedom of a citizen to
acquire, hold or dispose of property in any part of Pakistan. No
law was to impose any restriction on the freedom of a citizen to
engage in any profession, trade, business, occupation or employ-
ment or otherwise to follow the vocation of his choice. No law
was to prevent the members of a religious community or denomin-
ation from professing, practising or propagating or providing in-
struction in their religion or their continuing the institutions for the
purpose or in connection with their religion. No law was to re-
quire any person to receive religious instruction or attend a religious
ceremony or religious worship, relating to a religion other than his
No law was to impose on any person a tax the proceeds of
which were to be applied for purposes of a religion other than his
own. No law was to discriminate between religious institutions in
the granting of exemptions or concessions in relation to any tax.
No law was to authorise expenditure of public money for the
benefit of a particular religious community or denomination
cept the money raised for that purpose. A law authorising the
arrest or detention of a person was to ensure that the person
arrested or detained under the law was informed of the grounds of
his arrest or detention at the time when he was arrested or detain-
ed as soon thereafter as was practicable. He was to be taken
before the nearest magistrate within a period of 24 hours after he
was arrested or detained. He was to be at liberty to consult or be
represented and defended by a legal practitioner of his own choice.
No law was to authorise the punishment of a person for an act or
omission that was not punishable by law at the time the act was
done or the omission was made. No law was to authorise the
punishment of a person for an offence by a penalty greater than
that of a kind different from the penalty prescribed by law for that
offence at the time the offence was committed. No law was to au-
thorise compulsory acquisition or compulsory taking possession of
property except for a public purpose. The law that authorised
compulsory acquisition or compulsory taking possession of property
was to provide for the payment of compensation for property and
fix the amount of compensation or specify the principles on which
ex-
## p. 889 (#931) ############################################
CONSTITUTION OF 1962
889
and the manner in which the compensation was to be determined.
No law was to permit forced labour in any form. No law was to
deny to any person access to a public place on the ground of re-
ligion, caste or place of birth. No law was to prevent any section
of community from having a distinct language, script or culture of
its own. No person was to permit or in any way facilitate the
introduction into Pakistan of slavery or untouchability in any
form.
The Constitution provided for the Principles of Policy. It was
the responsibility of each organ and authority of the state and
each person performing the functions on behalf of an organ or
authority of the state to act in accordance with those principles in
so far as they are related to the functions of the organ or the au-
thority. The validity of an action or law was not to be called in
question on the ground that it was not in accordance with the Prin-
ciples of Policy and no action was to lie against the State, any organ
or authority of the State or any person on that ground. The
Principles of Policy laid down that the Muslims of Pakistan were
to be enabled, individually and collectively, to order their lives in
accordance with the fundamental principles and basic concepts of
Islam and were to be provided with facilities whereby they were
to be able to understand the meaning of life in accordance with
those principles and concepts. The teachings of the Holy Quran
and Islamiat to the Muslims of Pakistan were to be compulsory.
Unity and observance of Islamic moral standards were to be pro-
moted amongst the Muslims of Pakistan. The proper organisation
of Zakat, wakfs and mosques was
ensured. Parochial, racial,
tribal, sectarian and provincial prejudices amongst the citizens
were to be discouraged. The legitimate rights and interests of the
minorities were to be safeguarded and they were to get due
opportunity to enter the services of Pakistan. Special care was to
be taken to promote the educational and economic interests of the
people of backward classes or any backward areas. Steps were to
be taken to bring on terms of equality with other persons the mem-
bers of under-privileged castes, races, tribes and groups. Illiteracy
was to be eliminated and free and compulsory primary education
was to be provided for all. Just and humane conditions of work
were to be provided. Children and women were not to be employ-
ed on vocations unsuited to their age and sex. Maternity bene-
fits were to be provided to women in employment. The well-being
of the people was to be secured by raising the standard of living
of the common men, by preventing the undue concentration of
wealth and means of production and distribution in the hands of a
few. All citizens were to have an opportunity to work and earn an
## p. 890 (#932) ############################################
890
PAKISTAN
ser-
adequate livelihood and enjoy reasonable rest and labour. All
persons were to be provided with compulsory social insurance. The
basic necessities of life such as food, clothes, housing, education
and medical treatment were to be provided for citizens who were
unable to earn their livelihood on account of infirmity, disability,
sickness or unemployment. Administrative offices and other
vices were to be provided in places where they would best meet the
convenience and requirements of the public. No citizen was to be
denied entry into the services of Pakistan on the ground of race,
religion, caste, sex or place of residence or birth. Persons from all
parts of Pakistan were to be allowed to serve in the defence ser-
vices of Pakistan.
The Constitution provided for a unicameral Central legislature
known as the National Assembly of Pakistan. It had 156 mem-
bers, half of which were elected from East Pakistan and the other
half from West Pakistan. Three seats from each province were
reserved exclusively for women. The National Assembly was to
sit for 5 years but it could be dissolved earlier.
The President of Pakistan was to be elected by an Electoral
College of Pakistan consisting of 80,000 electoral units. Provision
was made for the removal of the President by the National Assembly
on the ground of his incapacity. The matter was required to be
referred to a Medical Board for final disposal. Provision
made for the impeachment of the President before the National
Assembly. However, if less than half of the total number of the
members of the National Assembly voted in favour of the resolu-
tion, the members who gave notice of the resolution were to cease
to be the members of the National Assembly forthwith after the
declaration of the result of the voting. The executive authority
of the Republic of Pakistan was vested in the President. To
assist him in the performance of his functions, the President could
appoint a Council of Ministers who were to be taken from the
members of the National Assembly. Provision was made for the
appointment of an Attorney-General for Pakistan by the President.
The President was given the power to grant pardon, reprieves and
respites. He could remit, suspend or commute
any
sentence
passed by any court, tribunal or other authority. Certain legis-
lative powers were also given to the President which could be ex-
ercised by him in times of an emergency or at a time when the
National Assembly was not sitting.
Provision was made for the establishment of an Advisory Council
of Islamic Ideology. The function of the Council was to make
recommendations to the Central Government and Provincial Gov-
ernments regarding the means of enabling and encouraging the
was
## p. 891 (#933) ############################################
CONSTITUTION OF 1962
891
Muslims of Pakistan to order their lives in all respects in accordance
with the principles and concepts of Islam. Provision was also
made for the establishment of an Islamic Research Institute whose
function was to undertake Islamic research and instruction in
Islam for the purpose of assisting in the reconstruction of Islamic
society on a truly Islamic basis.
The Constitution made both Bengali and Urdu as the national
languages of Pakistan. However, English language could be used
for official and other purposes until arrangements for its replace-
ment were made. The President was required to set up a Com-
mission in 1972 to examine and report on the question of the re-
placement of the English language for official purposes.
Provision was made for the establishment of a Supreme Court of
Pakistan. The President was to determine the number of the
judges of the Supreme Court. The Supreme Court was given
original, appellate and advisory jurisdiction. It was given the
power of review. There was to be a High Court in each province
of Pakistan. Provision was also made for the establishment of the
Supreme Judicial Council for Pakistan consisting of the Chief
Justice of the Supreme Court, two next seniormost judges of the
Supreme Court and the Chief Justice of each High Court. The
Council was required to issue a Code of Conduct to be observed
by the judges of the Supreme Court and High Courts. The Coun-
cil could be asked to enquire whether a particular judge of the
Supreme Court or a High Court was fit or not to perform his duties
and the President was required to act upon the report of the
Council.
Provision was also made for the establishment of the National
Finance Commission whose duty was to make recommendations to
the President with respect to the distribution between the Central
Government and the Provincial Governments of the proceeds of
certain taxes. Provision was also made for the establishment of
National Economic Council whose duty was to review the overall
economic position of Pakistan, formulate plans with respect to
financial, commercial and economic policies and economic develop-
ment of Pakistan and inform the Central and Provincial Govern-
ments of those plans.
Provision was made for the Governor of each province who was
to be appointed by the President and who was subject to his direc-
tions in the performance of his duties. The Governor could ap-
point a Council of Ministers from the members of the National
Assembly. Each province of Pakistan was given a legislature of
one house known as the Assembly. The Assembly of each pro-
vince consisted of 155 members. However, 5 seats were reserved
## p. 892 (#934) ############################################
892
PAKISTAN
one.
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964. It en-
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#935) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. " The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to medical
## p. 893 (#936) ############################################
892
PAKISTAN
one.
It en-
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964.
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#937) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. ” The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise.
port of the Basic Principles Committee was sent to the Drafting
Committee of the Constitutional Experts on 16 October, 1954.
The draft constitution was sent for printing so that the same was to
be in the hands of the members of the Constituent Assembly on 27
October, 1954. However, the Constituent Assembly was dissolved
by the Governor-General by means of a Proclamation on 24 Octo-
ber, 1954. Mohammad Ali Bogra formed a new cabinet in which
men like General Iskander Mirza, H. S. Suhrawardy and Dr. Khan
Saheb were included. The legality of the order of the Governor-
General was challenged but the same was upheld by the Federal
Court of Pakistan.
To begin with, the Governor-General decided to call a Con-
stitutional Convention to frame a constitution for Pakistan. How-
ever, on the advice of the Federal Court of Pakistan, the idea was
given up and orders were passed on 28 May, 1955 for electing
members to the Second Constituent Assembly of Pakistan. The
new Constituent Assembly consisted of 80 members equally divided
between two wings of Pakistan. The Muslim League was able to
capture only 25 seats in the new Constituent Assembly. 16 seats
were won by the United Front, 13 by the Awami League, 11 by
the Minority communities and 7 members were independents. A
coalition Government was formed at the Centre. All the pro-
vinces of West Pakistan were merged into one unit. The first
session of the Second Constituent Assembly was held at Murree in
July, 1955. The second session was held in August, 1955. On 8
January, 1956, the Constitution Bill was published and the same
was passed by the Constituent Assembly. The Constitution
adopted on 29 February, 1956 and the same came into force on 23
March, 1956.
was
CONSTITUTION OF PAKISTAN (1956)
The Constitution of 1956 had a Preamble in which it was stated
that the people of Pakistan had decided to constitute the people of
Pakistan into a sovereign people's state based on Islamic principles
of social justice. The aims of the new state were to secure for all
citizens freedom, equality, tolerance and social justice as enunciated
## p. 880 (#922) ############################################
880
PAKISTAN
by Islam. It was declared that sovereignty belonged to the Almighty
Allah. The authority of the people was a sacred trust from Allah
to be exercised within the limits prescribed by Him. Legislative
and executive action was liable to be impugned if it was repugnant
to the fundamental rights embodied in the Constitution. Provision
was made for Directive Principles of State Policy. Those provis-
ions were declared to be binding on all the organs of the Govern-
ment and all persons holding public office but could not be en-
forced by any court.
The Governor-General was replaced by an elected President.
Special restrictions were placed on the legislative and executive
powers of the Federation of Pakistan and the provinces constituting
it. The two units of the Federation were placed on a footing of
equality. Provision was made for further accessions to the terri-
tory of Pakistan but not for secession. Three Legislative Lists de-
fined the powers of Federal Government and the provinces. The
residuary powers were left with the provinces. All legislatures
were to be unicameral. It was left to Parliament to decide whether
there was to be any communal representation or not and ultimately
the decision was against it. Provision was made for a parliament-
ary form of Government in which the President was a constitu-
tional head. There was to be one citizenship for Pakistan. There
was to be the Supreme Court of Pakistan and High Courts of the
provinces. These courts were given the power of issuing prerogative
writs and were required to act as the guardians and interpreters of
the Constitution. They could declare any law invalid. Provision
was made for a uniform civil and criminal law.
The Constitution guaranteed fundamental rights such as the
right to equality, protection against retrospective offences or punish-
ments, safeguards against arrests and detention, freedom of speech,
freedom of assembly, freedom of association, freedom of move-
ment, right to hold and dispose of property, freedom of trade or
business, protection of cultural and educational rights, protection
of rights against exploitation and the right to constitutional re-
medies. If there was a conflict between a fundamental right and
any law of Pakistan, that law was to be void to the extent of its
repugnancy. No law could take away any fundamental right or
abridge the same.
Provision was made for a National Economic Council and Finance
Commission. Both the Federal Government and the provinces were
given representation on both of these bodies. The National
Economic Council was required to formulate an economic policy
for Pakistan and the Finance Commission was required to decide
## p. 881 (#923) ############################################
MINISTRIES IN PAKISTAN
881
how the proceeds of distributable taxes were to be divided between
the Centre and the provinces.
Chaudhuri Mohammad Ali was succeeded by H. S. Suhrawardy
as Prime Minister of Pakistan and he remained in office from 12
September, 1956 to 18 October, 1957. He possessed a dynamic
personality. He was responsible for the Calcutta Killing of August
1946. As a leader of Opposition, he had established his reputation
as a man of national stature and great parliamentarian. His speeches
in the legislature were remarkable for forensic brilliance, the like
of which had not been seen before. He was acceptable to the
people of both wings of Pakistan although his party, the Awami
League, was poorly organised in West Pakistan. His tenure of
office is known for the remarkable work done for the rehabilitation
of the refugees in Pakistan. The Prime Minister warned the
services to desist from interfering in politics. He was responsible
for the wholesale transfer of Secretaries and Joint Secretaries from
their entrenched positions in their ministries. Mr. Suhrawardy be-
lieved that Pakistan's membership of the military alliances was a
condition of her survival and neutrality was the surest invitation to
aggression. He was pro-West and he gave unqualified backing to
the western policies in Hungary and the Middle East, particularly
the Suez. As a matter of fact, he went out of the way to support
the cause of the West even at the cost of his personal popularity.
He had to make many compromises but in spite of that his position
became weak and he was succeeded by Mr. I. I. Chundrigar as
Prime Minister on 18 October, 1957 and the latter remained in
office up to 16 December, 1957. The new Prime Minister was
more a lawyer than a politician. He possessed neither the dash nor
the determination of Mr. Suhrawardy. In every way, he was a
weak Prime Minister and he had to go within less than two
months.
Chundrigar was succeeded by Malik Firoz Khan Noon and the
latter was the Prime Minister from 16 December, 1957 to 7th
October, 1958. The prestige of the office of the Prime Minister
reached its lowest ebb during his tenure of office. The majority
behind the Government was largely of the Republicans and the
Awamis were able to hold the Government to ransom on every
major policy or decision that was against their interests or those
of their leaders. Mr. Noon removed Mr. Fazl-ul-Haq from
the Governorship of East Pakistan after the latter had dismissed the
Ata-ur-Rehman ministry. The Central Government gave help to
the Provincial Governments. Mr. Noon tried to strengthen his
position by increasing the strength of his Cabinet to 26 in a house
of 80 members. No wonder, the President of the Muslim League
## p. 882 (#924) ############################################
882
PAKISTAN
-
described the Republican party as an employment exchange for
finding jobs for the members of Parliament. Mr. Noon was the
first Prime Minister who justified the existence of landlordism as a
stabilizing force in society. To quote him, “There has been a
great deal of talk about such reforms. Most of the advocates of
land reforms were city dwellers who had no knowledge of agri-
culture and not many of them knew what they were talking about. "
There was a lot of dissatisfaction in the country. President Iskander
Mirza took advantage of it and issued on 7 October, 1958 a Pro-
clamation by which he abrogated the Constitution of 1956. The
Central and Provincial Governments were dismissed. The National
Parliament and Provincial Assemblies were dissolved. All political
parties were banned. Until alternative arrangements were made,
Pakistan was to be under martial law. General Mohammad Ayub
Khan, the Commander-in-Chief of Pakistan, was appointed the
Chief Martial Law Administrator.
The Proclamation issued by the President on 7 October, 1958
was in these words:-
“For the last two years, I have been watching, with the deepest
anxiety, the ruthless struggle for power, corruption, the shameful
exploitation of our simple, honest, patriotic and industrious masses,
the lack of decorum, and the prostitution of Islam for political
ends. There have been a few honourable exceptions. But being in
a minority they have not been able to assert their influence in the
affairs of the country.
“These despicable activities have led to a dictatorship of the
lowest order. Adventurers and exploiters have flourished to the
detriment of the masses and are getting richer by their nefarious
practices.
“Despite my repeated endeavours no serious attempt has been
made to tackle the food crises. Food has been a problem of life
and 'death for us in a country which should be really surplus.
Agriculture and land administration have been made a hand-mai-
den of politics so that in our present system of government, no
political party will be able to take any positive action to increase
production. In East Pakistan, on the other hand, there is a well
organized smuggling of food, medicines and other necessities of
life. The masses there suffer due to the shortage so caused in
and the consequent high prices of, these commodities. Import of
food has been a constant and serious drain on our foreign exchange
earnings in the last few years, with the result that the Government
is constrained to curtail the much needed internal development
projects.
“Some of our politicians have lately been talking of bloody revo-
## p. 883 (#925) ############################################
GENERAL AYUB TAKES OVER
883
lution. Another type of adventurers among them think it fit to
go to foreign countries and attempt direct alignment with them
which can only be described as high treason.
“The disgraceful scene enacted recently in the East Pakistan
Assembly is known to all. I am told that such episodes were
common occurrences in prepartition Bengal. Whether they were
or not, it is certainly not a civilized mode of procedure. You do
not raise the prestige of your country by beating the Speaker,
killing the Deputy Speaker and desecrating the National Flag.
“The mentality of the political parties has sunk so low that I am
unable any longer to believe that elections will improve the present
chaotic internal situation and enable us to form a strong and stable
Government capable of dealing with the innumerable and complex
problems facing us today. We cannot get men from the Moon.
The same group of people who have brought Pakistan on the
verge of ruination will rig the elections for their own ends. They
will come back more revengeful, because I am sure the elections
will be contested, mainly, on personal, regional and sectarian
basis. When they return, they will use the same methods which
have made a tragic farce of democracy and are the main cause of
the present widespread frustration in the country. However much
the administration may try, I am convinced, judging by shifting
loyalties and the ceaseless and unscrupulous scramble for office,
that elections will be neither free nor fair. They will not solve
our difficulties. On the contrary, they are likely to create greater
unhappiness and disappointment leading ultimately to a really
bloody revolution. Recently, we had elections for the Karachi
Municipal Corporation. Twenty per cent of the electorate exer-
cised their votes, and out of these, about fifty per cent were bogus
votes.
"We hear threats and cries of civil disobedience in order to
retain private volunteer organizations and to break up the One
Unit. These disruptive tendencies are a good indication of their
patriotisni and the length to which politicians and adventurers
are prepared to go to achieve their parochial aims.
“Our foreign policy is subjected to unintelligent and irresponsible
criticism, not for patriotic motives, but from selfish viewpoints
often by the very people who were responsible for it. We desire
to have friendly relations with all nations, but political adventurers
try their best to create bad blood and misunderstandings between
us and countries like the U. S. S. R. , the U. A. R. and the People's
Republic of China. Against India, of course, they scream for war,
knowing full well that they will be nowhere near the firing line.
In no country in the world, do political parties treat foreign policy
## p. 884 (#926) ############################################
884
PAKISTAN
in the manner it has been done in Pakistan. To dispel the con-
fusion so caused, I categorically reiterate that we shall continue
to follow a policy which our interests and geography demand and
that we shall honour all our international commitments which, as
is well known, we have undertaken to safeguard the security of
Pakistan and, as a peace loving nation, to play our part in averting
the danger of war from this troubled world.
“For the last three years, I have been doing my utmost to work
the Constitution in a democratic way. I have laboured to bring
about coalition after coalition, hoping that it would stabilize the
administration and that the affairs of the country would be run
in the interest of the masses. My detractors, in their dishonest
ways, have on every opportunity, called these attempts Palace in-
trigues. It has become fashionable to put all the blame on the
President. A wit said the other day, 'If it rains too much it is
the fault of the President and if it does not rain it is the fault
of the President. If only I alone were concerned, I would go on
taking these fulminations with the contempt they deserve. But
the intention of these traitors and unpatriotic elements is to destroy
the prestige of Pakistan and the Government by attacking the
Head of the State. They have succeeded to a great extent, and,
if this state of affairs is allowed to go on, they will achieve their
ultimate purpose.
"My appraisal of the internal situation had led me to believe
that a vast majority of the people no longer have any confidence
in the present system of Government and are getting more and
more disillusioned and disappointed and are becoming dangerously
resentful of the manner in which they have been exploited. Their
resentment and bitterness are justifiable. The leaders have not
been able to render them the service they deserve and have failed
to prove themselves worthy of the confidence the masses had re-
posed in them.
“The Constitution which was brought into being on 23rd March,
1956, after so many tribulations, is unworkable. It is full of
dangerous compromises so that Pakistan will disintegrate internally
if the inherent malaise is not removed. To rectify them, the coun-
try must first be taken to sanity by a peaceful revolution. Then,
it is my intention to collect a number of patriotic persons to
examine our problems in the political field and devise a Constitution
more suitable to the genius of the Muslim people. When it is
ready, and at the appropriate time, it will be submitted to the
referendum of the people.
"It is said that the Constitution is sacred. But more sacred than
the Constitution or anything else is the country and the welfare
## p. 885 (#927) ############################################
PAKISTAN UNDER AYUB KHAN
885
and happiness of its people. As Head of the State, my foremost
duty before my God and the people is the integrity of Pakistan. It
is seriously threatened by the ruthlessness of traitors and political
adventurers whose selfishness, thirst for power and unpatriotic
conduct cannot be restrained by a government set up under the pre-
sent system. Nor can I any longer remain a spectator of activities
designed to destroy the country. After deep and anxious thought,
I have come to the regrettable conclusion that I would be failing in
my duty if I did not take steps, which in my opinion, are inescap-
able in present conditions, to save Pakistan from complete disrup-
tion. I have, therefore, decided that:-
(a) The Constitution of the 23rd March, 1956 will be abro-
gated.
(b) The Central and Provincial Governments will be dismiss-
ed with immediate effect.
(c) The National Parliament and Provincial Assemblies will
be dissolved.
(d) All political parties will be abolished.
(e) Until alternative arrangements are made, Pakistan will
come under Martial Law. I hereby appoint General
Mohammad Ayub Khan, Commander-in-Chief, Pakistan
Army, as the Chief Martial Law Administrator and place
all the Armed Forces of Pakistan under his command.
“To the valiant Armed Forces of Pakistan, I have to say that
having been closely associated with them since the very inception
of Pakistan, I have learned to admire their patriotism and loyalty.
I am putting a great strain on them. I fully realize this, but I ask
you, Officers and men of the Armed Forces, on your service depends
the future existence of Pakistan as an independent nation and a
bastion in these parts of the Free World. Do your job without
fear or favour and may God help you.
"To the people of Pakistan I talk as a brother and a fellow com-
patriot. Present action has been taken with the utmost regret but
I have had to do it in the interests of the country and the masses,
finer men than whom it is difficult to imagine. To the patriots
and the law abiding, I promise you will be happier and freer. The
political adventurers, the smugglers, the blackmarketeers, the hoar-
ders, will be unhappy and their activities will be severely restricted.
As for the traitors, they had better flee the country if they can. . .
وو
AYUB KHAN (1958-1969)
Within three weeks of the issuing of the Proclamation on 7
October 1958, President Iskander Mirza was ousted and General
## p. 886 (#928) ############################################
886
PAKISTAN
Ayub Khan himself became the President and Prime Minister of
Pakistan. He continued to occupy that position up to March
1969. The new regime acted in a ruthless manner. The severest
penalties were imposed on those who dared to violate the Martial
Law Regulations. It was ordered that no person shall obstruct
or interfere in any manner with any person who was acting in the
execution of his duties under martial law and if any person dared
to do so, he was to be sentenced to 14 years' rigorous imprisonment.
No person was to give wilfully false evidence or refuse to give
evidence in any investigation or trial held under the Regulations
and the punishment for its violation was death. No person was
to commit an act or was to be guilty of an omission or was to make
a speech prejudicial to good order or public safety and its viola-
tion was to be punished with 10 years' rigorous imprisonment.
No one by word of mouth or in writing or by signals or otherwise
was to spread reports calculated to create alarm or despondency
amongst the public or calculated to create dissatisfaction towards
the Armed Forces and police or any member thereto and the vio-
lation of the rule was to be punished with 14 years' rigorous im-
prisonment.
President Ayub Khan set up a strong Government in Pakistan,
which believed neither in favouritism nor in corruption. The
result was that the undesirable elements in the country were
crushed with a heavy hand. Blackmarketing disappeared. The
corrupt people were severely punished. Everybody was made to
work or quit. There was no place for lethargy or indiscipline.
The tone of the administration underwent a revolution. Inefficiency
was replaced by efficiency. The economic condition of the coun-
try was improved and the prestige of the country in the international
sphere arose.
CONSTITUTION OF 1962
President Ayub Khan promised to give the people of Pakistan a
constitution and he fulfilled his promise in 1962. On 17 February,
1960, he appointed a Commission to examine the progressive failure
of parliamentary Government in Pakistan leading to the abrogation
of the constitution of 1956 and to make recommendations for the
future constitution of Pakistan. The Commission submitted its
report on 29 April, 1961. A new constitution for Pakistan was
drafted and the same came into force on 8 June, 1962. It remain-
ed in operation up to March, 1969 when the same was abrogated.
The new Constitution of Pakistan had a Preamble wherein it was
stated that sovereignty over the entire universe belonged to Almighty
## p.
887 (#929) ############################################
CONSTITUTION OF 1962
887
Allah and the authority exercised by the people was a sacred trust.
The territories included in Pakistan formed a federation in which
the provinces enjoyed as much autonomy as was consistent with the
unity and interests of Pakistan as a whole. It was the will of the
people of Pakistan that the state should exercise its power and
authority through representatives chosen by the people. The princi-
ples of democracy, freedom, equality, tolerance and social justice
as enunciated by Islam were to be fully observed in Pakistan. The
Muslims of Pakistan were to be enabled individually and collective-
ly, to live their lives in accordance with the teachings and require-
ments of Islam. The legitimate interests of the people in Pakistan
were to be adequately safeguarded. The fundamental human rights
were to be preserved in so far as those were consistent with the
security of the state, public interest and requirements of morality.
The independence of the judiciary was to be safeguarded.
The State of Pakistan was declared to be a republic. It con-
sisted of two provinces of East Pakistan and West Pakistan. Pakis-
tan had a federdal form of Government. The powers given to the
federation were enumerated in the Third Schedule to the Constitu-
tion. An attempt was made to reconcile the regional demands of
East Pakistan which resented the domination of West Pakistan.
The Constitution provided for the establishment of the seat of the
National Assembly at Dacca and the Headquarters of the Govern-
ment of Pakistan at Islamabad in West Pakistan. Dacca was made
the second capital of Pakistan. Both Urdu and Bengali were made
the national languages of Pakistan in order to give satisfaction to
the people of East Pakistan. Both East and West Pakistan were
given equal representation in the National Assembly. Article 16
specifically provided that “parity between provinces in all spheres
of the Central Government should as nearly as practicable be
achieved. "
The Constitution provided for the principles of law making. It
was the responsibility of each legislature to ensure that no law was
made by it if it disregarded, violated or was otherwise not in accord-
ance with those principles. The responsibility for deciding whe-
ther a proposed law did or did not disregard or violate or was not
otherwise in accordance with the principles of law making was
that of the legislature concerned. However, the National Assembly,
the Provincial Assembly, the President or Governor of a province
could refer to the Advisory Council of Islamic Ideology for advice
any question that might arise whether a proposed law disregarded
or violated or was otherwise not in accordance with the principles.
The validity of a law was not to be called in question on the ground
that the law disregarded, violated or otherwise not in accordance
a
## p. 888 (#930) ############################################
888
PAKISTAN
a
own.
with the principles of law-making. The principles of law making
included that no law was to be repugnant to Islam. All citizens
were to be equal before the law, were entitled to equal protection
of the law and were to be treated alike in all respects. No law
was to impose any restriction on the freedom of citizens to assemble
peacefully and without arms or to form associations or unions.
No law was to put any restriction on the freedom of a citizen to move
throughout Pakistan or to reside or settle in any part of Pakistan.
No restriction was to be imposed on the freedom of a citizen to
acquire, hold or dispose of property in any part of Pakistan. No
law was to impose any restriction on the freedom of a citizen to
engage in any profession, trade, business, occupation or employ-
ment or otherwise to follow the vocation of his choice. No law
was to prevent the members of a religious community or denomin-
ation from professing, practising or propagating or providing in-
struction in their religion or their continuing the institutions for the
purpose or in connection with their religion. No law was to re-
quire any person to receive religious instruction or attend a religious
ceremony or religious worship, relating to a religion other than his
No law was to impose on any person a tax the proceeds of
which were to be applied for purposes of a religion other than his
own. No law was to discriminate between religious institutions in
the granting of exemptions or concessions in relation to any tax.
No law was to authorise expenditure of public money for the
benefit of a particular religious community or denomination
cept the money raised for that purpose. A law authorising the
arrest or detention of a person was to ensure that the person
arrested or detained under the law was informed of the grounds of
his arrest or detention at the time when he was arrested or detain-
ed as soon thereafter as was practicable. He was to be taken
before the nearest magistrate within a period of 24 hours after he
was arrested or detained. He was to be at liberty to consult or be
represented and defended by a legal practitioner of his own choice.
No law was to authorise the punishment of a person for an act or
omission that was not punishable by law at the time the act was
done or the omission was made. No law was to authorise the
punishment of a person for an offence by a penalty greater than
that of a kind different from the penalty prescribed by law for that
offence at the time the offence was committed. No law was to au-
thorise compulsory acquisition or compulsory taking possession of
property except for a public purpose. The law that authorised
compulsory acquisition or compulsory taking possession of property
was to provide for the payment of compensation for property and
fix the amount of compensation or specify the principles on which
ex-
## p. 889 (#931) ############################################
CONSTITUTION OF 1962
889
and the manner in which the compensation was to be determined.
No law was to permit forced labour in any form. No law was to
deny to any person access to a public place on the ground of re-
ligion, caste or place of birth. No law was to prevent any section
of community from having a distinct language, script or culture of
its own. No person was to permit or in any way facilitate the
introduction into Pakistan of slavery or untouchability in any
form.
The Constitution provided for the Principles of Policy. It was
the responsibility of each organ and authority of the state and
each person performing the functions on behalf of an organ or
authority of the state to act in accordance with those principles in
so far as they are related to the functions of the organ or the au-
thority. The validity of an action or law was not to be called in
question on the ground that it was not in accordance with the Prin-
ciples of Policy and no action was to lie against the State, any organ
or authority of the State or any person on that ground. The
Principles of Policy laid down that the Muslims of Pakistan were
to be enabled, individually and collectively, to order their lives in
accordance with the fundamental principles and basic concepts of
Islam and were to be provided with facilities whereby they were
to be able to understand the meaning of life in accordance with
those principles and concepts. The teachings of the Holy Quran
and Islamiat to the Muslims of Pakistan were to be compulsory.
Unity and observance of Islamic moral standards were to be pro-
moted amongst the Muslims of Pakistan. The proper organisation
of Zakat, wakfs and mosques was
ensured. Parochial, racial,
tribal, sectarian and provincial prejudices amongst the citizens
were to be discouraged. The legitimate rights and interests of the
minorities were to be safeguarded and they were to get due
opportunity to enter the services of Pakistan. Special care was to
be taken to promote the educational and economic interests of the
people of backward classes or any backward areas. Steps were to
be taken to bring on terms of equality with other persons the mem-
bers of under-privileged castes, races, tribes and groups. Illiteracy
was to be eliminated and free and compulsory primary education
was to be provided for all. Just and humane conditions of work
were to be provided. Children and women were not to be employ-
ed on vocations unsuited to their age and sex. Maternity bene-
fits were to be provided to women in employment. The well-being
of the people was to be secured by raising the standard of living
of the common men, by preventing the undue concentration of
wealth and means of production and distribution in the hands of a
few. All citizens were to have an opportunity to work and earn an
## p. 890 (#932) ############################################
890
PAKISTAN
ser-
adequate livelihood and enjoy reasonable rest and labour. All
persons were to be provided with compulsory social insurance. The
basic necessities of life such as food, clothes, housing, education
and medical treatment were to be provided for citizens who were
unable to earn their livelihood on account of infirmity, disability,
sickness or unemployment. Administrative offices and other
vices were to be provided in places where they would best meet the
convenience and requirements of the public. No citizen was to be
denied entry into the services of Pakistan on the ground of race,
religion, caste, sex or place of residence or birth. Persons from all
parts of Pakistan were to be allowed to serve in the defence ser-
vices of Pakistan.
The Constitution provided for a unicameral Central legislature
known as the National Assembly of Pakistan. It had 156 mem-
bers, half of which were elected from East Pakistan and the other
half from West Pakistan. Three seats from each province were
reserved exclusively for women. The National Assembly was to
sit for 5 years but it could be dissolved earlier.
The President of Pakistan was to be elected by an Electoral
College of Pakistan consisting of 80,000 electoral units. Provision
was made for the removal of the President by the National Assembly
on the ground of his incapacity. The matter was required to be
referred to a Medical Board for final disposal. Provision
made for the impeachment of the President before the National
Assembly. However, if less than half of the total number of the
members of the National Assembly voted in favour of the resolu-
tion, the members who gave notice of the resolution were to cease
to be the members of the National Assembly forthwith after the
declaration of the result of the voting. The executive authority
of the Republic of Pakistan was vested in the President. To
assist him in the performance of his functions, the President could
appoint a Council of Ministers who were to be taken from the
members of the National Assembly. Provision was made for the
appointment of an Attorney-General for Pakistan by the President.
The President was given the power to grant pardon, reprieves and
respites. He could remit, suspend or commute
any
sentence
passed by any court, tribunal or other authority. Certain legis-
lative powers were also given to the President which could be ex-
ercised by him in times of an emergency or at a time when the
National Assembly was not sitting.
Provision was made for the establishment of an Advisory Council
of Islamic Ideology. The function of the Council was to make
recommendations to the Central Government and Provincial Gov-
ernments regarding the means of enabling and encouraging the
was
## p. 891 (#933) ############################################
CONSTITUTION OF 1962
891
Muslims of Pakistan to order their lives in all respects in accordance
with the principles and concepts of Islam. Provision was also
made for the establishment of an Islamic Research Institute whose
function was to undertake Islamic research and instruction in
Islam for the purpose of assisting in the reconstruction of Islamic
society on a truly Islamic basis.
The Constitution made both Bengali and Urdu as the national
languages of Pakistan. However, English language could be used
for official and other purposes until arrangements for its replace-
ment were made. The President was required to set up a Com-
mission in 1972 to examine and report on the question of the re-
placement of the English language for official purposes.
Provision was made for the establishment of a Supreme Court of
Pakistan. The President was to determine the number of the
judges of the Supreme Court. The Supreme Court was given
original, appellate and advisory jurisdiction. It was given the
power of review. There was to be a High Court in each province
of Pakistan. Provision was also made for the establishment of the
Supreme Judicial Council for Pakistan consisting of the Chief
Justice of the Supreme Court, two next seniormost judges of the
Supreme Court and the Chief Justice of each High Court. The
Council was required to issue a Code of Conduct to be observed
by the judges of the Supreme Court and High Courts. The Coun-
cil could be asked to enquire whether a particular judge of the
Supreme Court or a High Court was fit or not to perform his duties
and the President was required to act upon the report of the
Council.
Provision was also made for the establishment of the National
Finance Commission whose duty was to make recommendations to
the President with respect to the distribution between the Central
Government and the Provincial Governments of the proceeds of
certain taxes. Provision was also made for the establishment of
National Economic Council whose duty was to review the overall
economic position of Pakistan, formulate plans with respect to
financial, commercial and economic policies and economic develop-
ment of Pakistan and inform the Central and Provincial Govern-
ments of those plans.
Provision was made for the Governor of each province who was
to be appointed by the President and who was subject to his direc-
tions in the performance of his duties. The Governor could ap-
point a Council of Ministers from the members of the National
Assembly. Each province of Pakistan was given a legislature of
one house known as the Assembly. The Assembly of each pro-
vince consisted of 155 members. However, 5 seats were reserved
## p. 892 (#934) ############################################
892
PAKISTAN
one.
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964. It en-
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#935) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. " The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to medical
## p. 893 (#936) ############################################
892
PAKISTAN
one.
It en-
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964.
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#937) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. ” The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise.
