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Do you think that the 1962 Constitution was a presidential type constitution? Discuss the powers of the president under this constitution.

Idea Solution Pak301 2nd Assignment

In 1958 Ayub Khan had promised a speedy return to constitutional government. In February 1960, an eleven-member constitutional commission was established. The commission's recommendations for direct elections, strong legislative and judicial organs, free political parties, and defined limitations on presidential authority went against Ayub Khan's philosophy of government, so he ordered other committees to make revisions.

The 1962 constitution retained some aspects of the Islamic nature of the republic but omitted the word Islamic in its original version; amid protests, Ayub Khan added that word later. The president would be a Muslim, and the Advisory Council of Islamic Ideology and the Islamic Research Institute were established to assist the government in reconciling all legislation with the tenets of the Quran and the sunna. Their functions were advisory and their members appointed by the president, so the ulama had no real power base.

Ayub Khan sought to retain certain aspects of his dominant authority in the 1962 constitution, which ended the period of martial law. The document created a presidential system in which the traditional powers of the chief executive were augmented by control of the legislature, the power to issue ordinances, the right of appeal to referendum, protection from impeachment, control over the budget, and special emergency powers, which included the power to suspend civil rights. As the 1965 elections showed, the presidential system of government was opposed by those who equated constitutional government with parliamentary democracy. The 1962 constitution relaxed martial law limitations on personal freedom and made fundamental rights justiciable. The courts continued their traditional function of protecting the rights of individual citizens against encroachment by the government, but the government made it clear that the exercise of claims based on fundamental rights would not be permitted to nullify its previous progressive legislation on land reforms and family laws.

The National Assembly, consisting of 156 members (including six women) and elected by an electoral college of 80,000 Basic Democrats, was established as the federal legislature. Legislative powers were divided between the National Assembly and provincial legislative assemblies. The National Assembly was to hold sessions alternatively in Islamabad and Dhaka; the Supreme Court would also hold sessions in Dhaka. The ban on political parties was operational at the time of the first elections to the National Assembly and provincial legislative assemblies in January 1960, as was the prohibition on "EBDOed" politicians. Many of those elected were new and merged into factions formed on the basis of personal or provincial loyalties. Despite the ban, political parties functioned outside the legislative bodies as vehicles of criticism and formers of opinion. In late 1962, political parties were again legalized and factions crystallized into government and opposition groups. Ayub Khan combined fragments of the old Muslim League and created the Pakistan Muslim League (PML) as the official government party.

The presidential election of January 1965 resulted in a victory for Ayub Khan but also demonstrated the appeal of the opposition. Four political parties joined to form the Combined Opposition Parties (COP). These parties were the Council Muslim League, strongest in Punjab and Karachi; the Awami League, strongest in East Pakistan; the National Awami Party, strongest in the North-West Frontier Province, where it stood for dissolving the One Unit Plan; and the Jamaat-i-Islami, surprisingly supporting the candidacy of a woman. The COP nominated Fatima Jinnah (sister of the Quaid-i-Azam and known as Madar-i-Millet, the Mother of the Nation) their presidential candidate. The nine-point program put forward by the COP emphasized the restoration of parliamentary democracy. Ayub Khan won 63.3 percent of the electoral college vote. His majority was larger in West Pakistan (73.6 percent) than in East Pakistan (53.1 percent).

 

PAK301 Assignment no.2 Solution Fall 2011

 

 

The 1956 Constitution

 

The Constitution of 1956 was passed after long deliberations. It replaced the

Interim Constitution. It has 234 Articles and 6 Schedules. It declared that the

name of the country would be the Islamic Republic of Pakistan.

There was clear impact of the Government of India Act, 1935 and the Interim

Constitution.

Features

1: Parliamentary System

Executive Authority vested in the President who exercised it on the advice of the

Prime Minister

except in the matters he had discretion.

President had ceremonial functions and exercised limited powers.

The President would be of 45 years of age, Muslim and qualified to be a member of

National

Assembly.

 

He was to be elected by National Assembly (NA) and Provincial Assemblies.

Prime Minister

PM would be appointed by President. President could not remove him unless he was

sure that PM did not enjoy the support of majority in the National Assembly. The

President would be its sole judge. He could ask PM to show his support. Cabinet was

collectively responsible to NA. PM was the head of government assisted by cabinet.

One House Parliament:

National Assembly was the only house of the parliament having a membership of

300

plus10 women seats. Principle of parity was observed for representation.

Method of direct elections was adopted for general seats.

All legislative powers were rested with NA.

President could return, reject or sign the bills.

Regarding monetary bills of ordinary expenditure NA had all powers but they could

not vote on Consolidated Fund List. Salaries of President, judges, federal service

commission, etc. were to be paid through Consolidated Fund.

NA could control the Executive.

2: Federal System

The constitution provided three lists: Federal, Provincial and Concurrent. There

were two

Provinces in the federation of Pakistan.

3: Provincial Structure:

At the provincial level there was elected Assembly. The Parliamentary System

under the nominal headship of Governor. The real powers were given to Chief

Ministers and his cabinet. Centre had some overriding powers and some Emergency

powers too. They were

Clause 191: Security or economic life was under threat for external or internal

reasons.

Clause 193: Constitutional crisis in provinces.

4: Independent Judiciary

At centre level the highest court was Supreme Court, then High Courts in

provinces and

subordinate courts were established.

Higher Courts have the power of Interpretation of the constitution. They could

hear the

disputes between governments. They were guardians of the Legal rights of the

citizens.

5: Fundamental Rights

Civil and Political Rights were given to the people of Pakistan but they could be

suspended in case of emergency.

6: Directive Principles of State Policy

These principles provided guidelines for policy making.

Principles of Objectives Resolution were included as preamble. The other principles

included surety about Islamic practices, Welfare of people, non-discrimination, and

fulfillment of basic needs, etc.

7: Islamic Character

The name of the country was the Islamic Republic, Objectives Resolution was

the

Preamble.

Other Islamic clauses were part of Directive Principles.

No law can be made to violate Islamic principles and teachings.

Existing laws would be brought in conformity with Islamic teachings.

A Commission was to be appointed to examine the laws for bringing them in

conformity.

Whether a Law is Islamic or not, NA had to decide. The matter could be

taken up with the

Judiciary.

Islam was not declared state religion.

Islamic heritage and roots are combined with modern notions of governance

and

a moderate political system was adopted.

Working of t he Constitution

No elections were held after the enforcement of elections. It was finally

abrogated on October 7,

1958.

It worked from March 23, 1956 to October 7, 1958.

thanks for uploading assignment

Pak301 Assignment # 2 Idea Solution(10-1-2012)

Solution:-

The Constitution 
The Constitution of 1962 consisted of 250 Articles, which were divided into 12 Parts and three Schedules. The Constitution of 1962 provided for a unicameral legislature. The National Assembly was to consist of 156 members, including six women. The Eighth Amendment later increased this number to 218. Principle of parity was retained and seats were distributed equally between the two wings of the country. Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.
Powers Of the President

  1. The President was to be a Muslim not less than 35 years of age. The term of the President was for five years and nobody could hold the post for more than two consecutive terms.
  2. The President was the head of the state as well as the head of the Government. The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions.
  3. According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session. The ordinance needed the approval of the National Assembly within 48 days of its first meeting or 108 days after its promulgation.
  4. The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government Provincial Governors were to enjoy the same position in the provinces, which the President was to enjoy in the center.
  5. The Constitution of 1962 was a written Constitution upholding the fundamental rights of the citizens. Under the Constitution, the Judiciary had little independence and the appointment of the Chief Justices and Judges of the Supreme and High Courts was in the hands of the President. The President also had the power to remove a judge after an inquiry on misconduct or on the basis of mental or physical illness.
  6. The Constitution was flexible in nature and could be amended by a two-third majority in the National Assembly and with the approval of the President. In its short life of seven years, eight amendments were made in the Constitution.

PAK301 Assignment No 2 Soilution 

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