The 2nd Constitution of Pakistan (1962): Ayub Khan’s Presidential Experiment

The 2nd Constitution of Pakistan, enforced on 8 June 1962, was the country’s second attempt at a permanent constitutional order — and one of its most controversial. Drafted under President Ayub Khan, it replaced parliamentary democracy with a powerful presidential system and introduced the unusual “Basic Democracies” scheme. It lasted less than seven years before being swept away by martial law in 1969.

Background: How the 1962 Constitution Came About

Pakistan’s first constitution, adopted in 1956, survived barely two and a half years before President Iskander Mirza abrogated it in October 1958 and imposed martial law. Within weeks, Army Chief General Ayub Khan took power himself.

Ayub Khan believed Pakistan’s parliamentary system had failed. He argued that the constant collapse of governments between 1947 and 1958 proved the country was “not ready” for Western-style parliamentary democracy. In February 1960, he appointed a Constitution Commission under former Chief Justice Muhammad Shahabuddin to recommend a new framework suited, in his view, to Pakistan’s conditions.

The Commission’s report, submitted in 1961, actually recommended a federal parliamentary system. Ayub Khan rejected that advice. The constitution he promulgated in March 1962 — enforced on 8 June 1962 — was a presidential document of his own design.

Key Features of the 1962 Constitution

The 2nd Constitution contained 250 articles divided into 12 parts, with 3 schedules. Its defining features were:

A Powerful Presidency

The President was both head of state and head of government — the chief executive of the Republic. He was elected indirectly (see below) for a five-year term and could not be easily removed. Executive authority flowed from the President downward; ministers were his appointees, answerable to him rather than to the legislature.

The Basic Democrats System

Instead of direct elections by universal adult franchise, the 1962 Constitution created an electoral college of 80,000 “Basic Democrats” — 40,000 from each wing (East and West Pakistan) — elected at the local level. These Basic Democrats then elected the President and the members of the National and Provincial Assemblies.

Ayub Khan presented this as democracy adapted to local conditions. Critics called it a controlled system: a small, manageable electorate was far easier for the regime to influence than the general public, and it denied ordinary Pakistanis a direct vote for their rulers.

A Weakened Legislature

The National Assembly existed, but its powers were limited. It could not easily check the President, who held the real executive authority. The constitution also concentrated legislative subjects in a way that favoured the centre over the provinces.

Fundamental Rights — With a Catch

Unlike the 1956 Constitution, which placed fundamental rights in a justiciable chapter from the start, the 1962 Constitution initially included fundamental rights only as “principles of law-making” — directive ideals rather than enforceable rights. Enforceable fundamental rights were inserted later, through the First Amendment in 1963.

Why the 1962 Constitution Failed

The 1962 Constitution was unpopular from the beginning, and opposition hardened over the decade:

• East Pakistan’s alienation: Bengalis, a majority of the country’s population, saw the presidential system as a device to keep power in West Pakistani hands. The parity-based Basic Democrats system diluted their demographic majority.
• No direct vote: The denial of universal adult franchise for choosing the head of state offended democratic sentiment across the country.
• Concentration of power: Opposition leaders argued the constitution was designed to legitimise one man’s rule rather than to distribute power.
• The 1965 war and its aftermath: Economic strain and the controversial Tashkent Declaration (1966) eroded Ayub Khan’s standing, and the constitutional order built around him eroded with it.

Mass agitation in 1968–69 — led by Zulfikar Ali Bhutto in the West and Sheikh Mujibur Rahman in the East — made the country ungovernable. On 25 March 1969, Ayub Khan handed power to Army Chief General Yahya Khan, who imposed martial law and abrogated the 1962 Constitution the same day.

For the full constitutional timeline, see our guide to how many constitutions Pakistan has had and the complete Constitution of Pakistan 1973.

1962 vs. 1973: The Contrast

The 1973 Constitution, drafted after Yahya Khan’s fall, was in many ways a deliberate rejection of the 1962 model:

The framers of 1973 restored the parliamentary system, direct elections, and a justiciable chapter of fundamental rights — the three things the 1962 experiment had set aside.

Legacy of the Second Constitution

The 1962 Constitution matters today for three reasons. First, it is the textbook example of how constitutional design can serve authoritarian ends — a warning studied in every Pakistan Studies classroom. Second, its Basic Democracies system shaped a generation of local-government thinking in Pakistan. Third, its failure cleared the ground for the 1973 Constitution, which remains in force.

Frequently Asked Questions

When was the 2nd Constitution of Pakistan enforced?

It was promulgated in March 1962 and enforced on 8 June 1962 by President Ayub Khan.

Who abrogated the 1962 Constitution?

General Yahya Khan abrogated it on 25 March 1969, when Ayub Khan handed him power and martial law was imposed.

What was the Basic Democrats system?

An electoral college of 80,000 locally elected Basic Democrats (40,000 per wing) who indirectly elected the President and assemblies — instead of direct universal franchise.

How many articles did the 1962 Constitution have?

250 articles in 12 parts, with 3 schedules.