.jpg "Analysis of the first two failed Constitutional Documents (1956 &1962)")
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The root of the Word “Constitution” can be traced back from French to Latin language I.e., “Constitutio” (Meaning: State of a thing).
In simple words Constitution is Formal document (Written or Unwritten) that contains aggregated Fundamental principles of a state or an organization or a Political Party according to which a state or an organization or a party is governed.
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Unfortunately, due to some reasons, the constitution was abrogated (after 2 years) on 7 October 1958 while executive power had vested to the hand of the Military.
After 4 years, a new Constitution was framed and then imposed on 8 June 1962.After few years later, Pakistan faced a Constitutional crisis because of the abrogation of the constitution on 25 March 1969 as Once again Military took over the administration.
Silent Features of the Constitution of 1956 & 1962:
We will discuss the features of both constitutions in two categories (Points of difference and Similar points).
Points of Difference:
1- Name of the state:
According to the Constitution of 1956, the name of the state was the “Republic of Pakistan”
According to the constitution of 1962, the name of the state was the “Islamic Republic of Pakistan”
2-Form of Government:
The constitution of 1956 declared the “Parliamentary form of Government” (in which Prime Minister is the head of executive along with his cabinet while President is the head of state).
The constitution of 1962 declared that the form of government would “Presidential” (in which president is the head of the state as well as the head of executive).
3- Power lists of the state:
The constitution of 1956 provided three lists of the state; federal list (30 department control by federal government), provincial list (24 departments) and concurrent list (those departments who was controlled by federal as well as provincial government).
The Constitution of 1962 provided only two lists; the federal list and the provincial list while the residuary power was assigned to provinces (Provincial autonomy).
4- Authoritative Power:
In the constitution of 1956, all the executive powers were exercised by Prime Minister while the president act as a ceremonial leader.
In the constitution of 1962, all the executive powers were in the hands of one person (President).
5- Contradiction in the procedure of elections:
The constitution of 1956 provided the direct procedure of election through people (Popular basis)
The constitution of 1962 provided the indirect procedure of election. In 1959, Basic Democrats (people elect the members of electoral college known as Basic democrats that will select the President and other officials) order was passed.
Similar Points:
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1- Both constitutions provided a unicameral legislature that consisted of one chamber, the National Assembly.
2- Both constitutions declared that sovereignty belongs to Allah Almighty.
3-Both constitutions adopted the federal form of state in which the center was autonomous.
4- Independence of judiciary was dominating feature of both constitutions while the constitution of 1962 extended this feature to judicial review (power of Supreme Court to declare null and void any legislation).
5- Due to some internal issues between two wings, Urdu and Bengali were recognized as national language in both constitutions.
6- In both constitution it was mentioned that government will protect the Islamic Principles: freedom, equality, tolerance and social justice.
7- In both constitutions, Objective resolution was added as the preamble.
Reasons of the failure:
We will separately analyze both the constitutions.
Failure of 1956 Constitution: -
Problem of representation between East and West __ was one main problem as the population of East Pakistan was larger than west Pakistan hence, they demanded more seats in Assembly.
Political Instability__ was one of the main figures for the failure of the constitution. Four PMs were changed for 2 years (from 1956 to 1958).
.jpeg "Analysis of the first two failed Constitutional Documents (1956 &1962)")
Misuse of Power By president__ President Sikandar Mirza misused his power of “State of Emergency” and appointed Ayub khan as Chief of Martial Law Administration.
Involvement of Bureaucrats in Politics__ unfortunately Pakistan’s political system is controlled by these bureaucrats that’s why there is always an uncertainty in political process.
Failure of Unicameral legislature__ the experiment of one chamber was failed because in federation there are always two chambers to run the administration successfully.
Debate for joint or separate election__ was the reason for the failure of the constitution.
Awami league, Republic party were in favored of joint elections while Muslim league and Nizam-e-Islam were demanded for separate electoral procedure.
Failure of the 1962 Constitution:
Rejection of Presidential system__ This constitution exercised the Presidential system, but the Public was not pleased by this change of System of government.
Here there is an argument that US presidential system is running smoothly then why did this system fail in Pakistan?
The answer is simple that the president misused his superior authority and Also because of weak check and balance in different organs of government in Pakistan.
Party Dictatorship__ only one Political party Convention Muslin League ruled over the country while Ayub Khan Imposed restrictions on other political parties and he sent many politicians to jail in order to restrict them for political affairs.
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Public was Unhappy__ as the BD system was the ground to prepare the elite hence Fatima Jinah was failed to get the required majority in presidential elections due to BD system (dark aspects). This situation was led to the unpopularize of Ayub Khan which was further turned into public strikes.
Z.A Bhutto resignation and formation of new Party__ were the key factors of this crisis. While Bhutto called this era as the “Dictatorship Under the democratic label”
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At last, President resigned in March 1969 due to pressure but once again he handed the power to military.
Conclusion:
To conclude with my opinion, both the constitutions failed due to shortage of time period. Two years are not enough to judge the success and failure of the constitution.
1956 Constitution|1962Constitution|Analysis Constitutional Documents (1956 &1962)
Very well written
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