Ayub Khan seeks to retain certain aspects …
Years: 1962 - 1962
Ayub Khan seeks to retain certain aspects of his dominant authority in a new constitution, promulgated in 1962, which ends 44 months of martial law.
Under the newly created presidential system, the traditional powers of the chief executive are 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 include the power to suspend civil rights.
The document also provides for the election of the president and national and provincial assemblies by an electoral college composed of members of local councils.
Although a federal form of government is retained, the assemblies have little power, which is, in effect, centralized through the authority of governors acting under the president.
The 1962 constitution relaxes martial law limitations on personal freedom and makes fundamental rights justiciable.
The courts continue their traditional function of protecting the rights of individual citizens against encroachment by the government, but the government makes it clear that the exercise of claims based on fundamental rights will not be permitted to nullify its previous progressive legislation on land reforms and family laws.
The 1956 constitution had prescribed the use of English for official purposes for 20 years; the 1962 constitution makes the period indefinite.
The 1962 constitution retains some aspects of the Islamic nature of the republic but omits the word Islamic in its original version; amid protests, Ayub Khan adds that word later.
The president will be a Muslim, and the Advisory Council of Islamic Ideology and the Islamic Research Institute are established to assist the government in reconciling all legislation with the tenets of the Quran and the sunna.
Their functions are advisory and their members appointed by the president, so the ulama has no real power base.
The Muslim League, which had spearheaded the Pakistan movement under Mohammed Ali Jinnah, splinters into two parts, the Pakistan Muslim League and the Council Muslim League.
An entente between Pakistan and China evolves in inverse ratio to Sino-Indian hostility, which climaxes in a Chinese incursion into Ladakh in October 1962.
Following the Chinese assault, a series of conferences on Kashmir is held between India and Pakistan, beginning in December.
In late 1962, political parties are again legalized and factions crystallize into government and opposition groups.
Ayub Khan combines fragments of the old Muslim League and creates the Pakistan Muslim League (PML) as the official government party.
