Causes of failure of constitution of 1962
Unpopular Constitution
First cause for failure of constitution of 1962 was that it was unpopular among the masses. It did not reflect the true spirits of people. In fact it was one man show. Zulfiqar Bhutto called it, “Dictatorship under the label of democracy.”
Free From Fundamental Rights
Fundamental rights were added in this constitution after first amendment. But it seemed that it was mere an eye wash. People did not enjoy their fundamental rights. Hence the constitution failed.
Unicameral System
Just like the constitution of 1956, system of one house was also a cause for failure of constitution of 1962.
Curtailment of Provincial Autonomy
West-Pakistan was made after four provinces were merged into one unit. Due to this step autonomy of four provinces was curtailed. This also became a cause for failure of this constitution.
Weak Checks and Balances
Checks and balances in this constitution were not suitable. Due to which constitution did not possess much power.
Promotion of Secularism
Ayub Khan was secular in his approach. He promoted some anti-Islamic activities but people desired for an Islamic constitution. Word “Islamic” was removed from the name of country in this constitution and it was added after first amendment.
Desire for Parliamentary Government
Constitution of 1962 introduced presidential form of government and people did not like presidential government as they had faced it for ten years. They desired for parliamentary form of government. This also made constitution unpopular.
Restrictions over the Political Parties
Ayub imposed many restrictions over the political parties. They were not allowed to express their views and promote their agenda. Thus, they were also against this government and its policies
Economic Factor
War of 1965 damaged the economy of country and all achievements were nullified by it. Economic factor made government and constitution weak. Mujib-u-Rehman said, “He (Ayub) misread the sentiments of Kashmiris and launched an ill thought, half backed and misadvised adventure, for liberation of Kashmiris that back fired.”
Demand for Four-Provinces
The constitution merged four provinces into one unit but people of West Pakistan did not agree with this act. They started demand for four provinces in West Pakistan.
Extra-Ordinary Powers of President
Constitution of 1962 gave extra-ordinary powers to president. President was just like the clock tower of Faisalabad where all bazaars converged at one point. It was also a drawback of this constitution.
One Party Rule
Convention Muslim League was party of Ayub Khan. It was in rule without specific opposition in assembly. The ruling party used to mold the constitution as they wanted.
Misuse of Power
Ayub Khan had absolute power. And Lord Acton said, “Power tends to corrupt and absolute power corrupts absolutely.”
President misused his powers in the name of constitution.
Concentration of Wealth
There was rule of 22 families in the country. Concentration of wealth widened the gulf between rich and the poor.
General Strikes
Strikes by students, public and political parties destabilized the political situation in country which also became a cause for failure of this constitution.
Indirect System of Election
For legislature and presidency indirect election system was defined in 1962 Constitution. The voters would elect Basic Democrats that constituted an electoral college to elect the President and the legislators. Its underlying purpose was to prepare ground to the ruling elites to perpetuate their hold by manipulating the comparatively limited body of electors. This was practiced in the Presidential Election between Mohammad Ayub Khan and Muhtarma Fatima Jinnah in which the former got easily elected since the peaceful in the constitution was an impossible task, so consequently, when the people’s reaction broke into street demonstrations, it resulted not only in changing the government but was also toppled down the whole constitutional set up.
Dark Aspect of the Basic Democrats
The B.Ds. System was not bad although the ruling .junta had created it for certain ulterior motives. To use this institution as Electoral College and to assign it judicial role was especially objectionable. Public representatives had their political affiliations and rivalries, which hampered the enforcement of justice and fair play. The union council were also given certain judicial, powers which created parochial prejudices and friction though at local level it reforms some developmental works.
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