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Constitutional
Development in Pakistan
Presented by: Syed Hasan Bari

 Constitution is a set of laws/principles may be
written or unwritten on which a country is
acknowledged to be governed.
OR
 Constitution is a system of fundamental laws and
principles that prescribes the nature, functions, and
limits of a government or another institution.
What is Constitution?

 In Muslim states, particularly Pakistan, laws are
not derived from the constitution but constitution
is framed according to :
 Almighty Allah
 Prophet Muhammad (SAW)
 Holy Quran
Constitution in Pakistan

 Written
 Unwritten
 Partly written
Forms of Constitution

 Minto-Morley Reforms 1909
 Montagu–Chelmsford Reforms 1919
 Rowlatt act 1919
 The Government of India Act 1935
Constitutional History of
Pakistan

1956 Constitution 1962 constitution
Form of Government:
Constitution of 1956 introduced
parliamentary form of Govt.
Constitution of 1962 introduced
presidential form of Govt.
Referendum:
Constitution of 1956 introduced no
institution.
Constitution of 1962 introduced an
institution known as referendum in the
country
Method of Election:
Constitution of 1956 introduced direct
election.
Constitution of 1962 introduced indirect
election.
Islamic Institutions:
There was no such institute in the
constitution of 1956.
Constitution of 1962 introduced two
Islamic institution i.e. advisory council of
Islamic ideology and Islamic research
institutions.
Comparison between 1956 & 1962 constitution’s

1956 Constitution 1962 Constitution
Executive Powers:
Most of the executive powers were
exercised by the prime minister under the
constitution of 1962.
Most of the executive powers vested in
the president under the 1962 constitution.
List of Subjects:
Constitution of 1956 contains three lists
of subject i.e. federal, provincial and
concurrent matter.
Constitution of 1962 provided only two
list of subjects i.e. central and provincial.
Presidential Powers:
In the constitution of 1956 the powers
were reasonable.
Under the constitution of 1962 president
had great power.
Supreme judicial council:
There was no such institution in the
constitution of 1956.
Constitutions of 1962 introduced a new
institution supreme judicial council.
Link: http://www.vuhelp.net/constitution-pakistan-1973-llb-part-2/36810-q-compare-salient-
features-constitution-1956-1962-2003-a.html
Continue …

 Both the constitution were different in nature. the
constitution of 1956 introduced parliamentary from
of Govt. while constitution of 1962 introduced
presidential form of Govt.
Conclusion
Comparison of 1956 & 1962 constitution of Pakistan

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Comparison of 1956 & 1962 constitution of Pakistan

  • 2.   Constitution is a set of laws/principles may be written or unwritten on which a country is acknowledged to be governed. OR  Constitution is a system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution. What is Constitution?
  • 3.   In Muslim states, particularly Pakistan, laws are not derived from the constitution but constitution is framed according to :  Almighty Allah  Prophet Muhammad (SAW)  Holy Quran Constitution in Pakistan
  • 4.   Written  Unwritten  Partly written Forms of Constitution
  • 5.   Minto-Morley Reforms 1909  Montagu–Chelmsford Reforms 1919  Rowlatt act 1919  The Government of India Act 1935 Constitutional History of Pakistan
  • 6.  1956 Constitution 1962 constitution Form of Government: Constitution of 1956 introduced parliamentary form of Govt. Constitution of 1962 introduced presidential form of Govt. Referendum: Constitution of 1956 introduced no institution. Constitution of 1962 introduced an institution known as referendum in the country Method of Election: Constitution of 1956 introduced direct election. Constitution of 1962 introduced indirect election. Islamic Institutions: There was no such institute in the constitution of 1956. Constitution of 1962 introduced two Islamic institution i.e. advisory council of Islamic ideology and Islamic research institutions. Comparison between 1956 & 1962 constitution’s
  • 7.  1956 Constitution 1962 Constitution Executive Powers: Most of the executive powers were exercised by the prime minister under the constitution of 1962. Most of the executive powers vested in the president under the 1962 constitution. List of Subjects: Constitution of 1956 contains three lists of subject i.e. federal, provincial and concurrent matter. Constitution of 1962 provided only two list of subjects i.e. central and provincial. Presidential Powers: In the constitution of 1956 the powers were reasonable. Under the constitution of 1962 president had great power. Supreme judicial council: There was no such institution in the constitution of 1956. Constitutions of 1962 introduced a new institution supreme judicial council. Link: http://www.vuhelp.net/constitution-pakistan-1973-llb-part-2/36810-q-compare-salient- features-constitution-1956-1962-2003-a.html Continue …
  • 8.   Both the constitution were different in nature. the constitution of 1956 introduced parliamentary from of Govt. while constitution of 1962 introduced presidential form of Govt. Conclusion

Editor's Notes

  1. The first Muslim constitution was promulgated by the holy prophet of Islam Mohammad (pbuh) when he migrated to madina and foundation was laid for the government of a city state. This constitution was framed and put into effect with the full consensus of not only the followers of the prophet Mohammad (pbuh) but also had the concurrence of the Jews and other non-converts. The constitution thus framed gave the details of the rights and duties of the ruler and the ruled.