Ch12. Constitution of Pakistan 1956 and 1962

Constitution of 1956

Pakistan operated under the modified Government of India Act 1935 as interim constitution from 1947-1956 — nearly 9 years without an indigenous constitution.
Constituent Assembly delays: Objectives Resolution (1949), Basic Principles Committee reports (1950, 1952, 1954), dissolution of first Constituent Assembly by Governor-General Ghulam Muhammad (1954) — upheld controversially in Maulvi Tamizuddin Khan case via the "doctrine of necessity" (Justice Munir).
Second Constituent Assembly finally passes the Constitution, enforced 23 March 1956.

Pakistan declared an "Islamic Republic" (first time this title used).
Federal parliamentary system — unicameral legislature (National Assembly), parity of representation: East and West Pakistan each given 300 seats (equal, despite East Pakistan's larger population) — created via One Unit Scheme (1955) merging West Pakistan provinces into a single unit.
President to be Muslim; PM as real executive head (parliamentary system).
Objectives Resolution made a preamble/directive principle, not enforceable law.
Fundamental rights included, justiciable.
Urdu and Bengali both declared national languages.

Never faced actual general elections under it before abrogation.
Political instability: 4 Prime Ministers changed in ~2.5 years (1956-58).
General Ayub Khan abrogated the constitution on 7 October 1958, imposed Martial Law (with President Iskander Mirza initially, who was then removed by Ayub within weeks).

Promulgated by President Ayub Khan on 1 March 1962 (Martial Law lifted, constitution enforced 8 June 1962) after his own rule via Martial Law (1958-62) and the Constitution Commission (1960-61) report.