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PAK301 2nd assignment solution 18 june 2012

Wednesday 27 June 2012
PAK301 2nd assignment solution 18 june 2012

Q. What do you know about the Objectives Resolution? Describe its importance in the constitutional history of Pakistan.
Solution:
Objective Resolution
It was the first constitutional document in the history of the Islamic Repubic of Pakistan that proved to be the 'foundation' of the constitutional development. It contained those objectives on which the future constitution was to be based as stated by the founder of the nation, Quaid-e-Azam in February 1948 "The constitution of Pakistan will be democratic and based on the fundamental laws of Islam....Islam and its ideology has thought us the lesson of democracy." It provided parameters and sublime principles to the legislators. It was a framework that provided a mechanism to achieve goals for a better life of the people of pakistan. It was approved on March 12,1949. It was moved by Liaquat Ali Khan, the first Prime Minister of Pakistan. The constituent assembly debated this resolution in at least five sessons. They delliberated this in great details on all clauses and provisions. There were some spesific objectives or goals that would be acceptable to the people of the newly created state who had suffered a lot under the Hindu-dominated majority. That's why it was termed as Objective Resolution(OR).The resolution proclaimed that the future constitution of Pakistan would not be modeled entirely on a European pattern, but on the ideology and democratic faith of Islam.
The main features of Objective Resolution
Sovereignty:
1. Sovereignty over the entire universe belongs to Allah alone.
Sacred Trust:
2. The authority which He has delegated to the state of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust.
3. Constitution will be framed for sovereign, independent state of Pakistan.
4. The state shall exercise its power through the representatives of the people.
5. Principles of Democracy, freedom, equality, tolerance and social justice as enunciated by Islam will be fully observed.
Islamic principle:
6. Muslims shall be enabled to organize their lives in accordance with the teachings and requirements of Islam as set out in the Quran and the Sunnah. Huamn rights:
7. Minorities to have freedom to freely profess and practice their religions and develop their cultures.
8. Provisions for safeguarding the legitimate interests of minorities, backward and depressed classes.
State sovereignty:
9. Pakistan shall be a Federation with autonomous units. State’s sovereignty and territorial integrity will be protected.
International norms:
10. People of Pakistan should prosper and attain their rightful place in the comity of nations and make contribution towards international peace and progress and happiness of humanity.

Importance of "OR"

The Objectives Resolution, which combines features of both Western and Islamic democracy, is one of the most important documents in the constitutional history of Pakistan. At the time it was passed, Liaquat Ali Khan called it "the most important occasion in the life of this country, next in importance only to the achievement of independence".
The Resolution declared the sovereignty of God as the distinctive political philosophy. In the first principle the declaration of BISMILLAH describe the sovereignty of Almighty Allah. The Western democracy gives the notion that sovereignty lies in the people but this Resolution is important having the concept of the sovereignty of God. It clarified that people would utilize powers gifted by God so they would have to work within the limits prescribed by Him.
This resolution is of fundamental importance in the history of constitutions making in Pakistan because from the first constitution of 1956 till the constitution of 1973 (present constitution) whatever constitution was framed it was based on this objective resolution. It contains those steps and principles which were to be taken for the fulfillment of the basic aim of the freedom struggle that is the establishment of an Islamic society in Pakistan. Hence, it is a significant document in the constitutional history of Pakistan.
The exercise of the powers is a sacred trust. Which means they can't voilate His command and principles which have to be followed at all times. Nobody, any leader or institution can claim that his power or authority belongs to him or her. It is a responsibility and an oblication and thus as an obligation it is a sacred trust.The representatives of the people of Pakistan will manage the affairs under the universal ideology of democracy, freedom, equality, tolerance, and social justice with the spirit of an Islamic framework. These principle are the foundation and bases of any civilized political system.The Resolution pledged to give the due respect and rights to the minorities, backward and depressed classes in the benign society of Pakistan. Their rights, interests, religion and culture were not confuted.
It’s important that the Resolution promised the federating units for due powers, autonomy and territorial integrity. The Objectives Resolution is a basic and primary document of the constitutional history of Pakistan. It is a framework that provides mechanism to achieve goals for a better life of the people of Pakistan. It’s important that it embraces centrality of Islam to polity sustaining their links with the pre-independence period. The AIML leaders were modernist Muslims not in favour of an orthodox religious state. Therefore, they selected the middle way abiding by the Islamic laws and the international democratic values.
The Resolution remained ‘Preamble of all the constitutions
due to its importance. The sovereignty belongs to Almighty Allah is incorporated in all the constitution of Pakistan.



Note:please change it in your own wording

Another Solution:

This resolution was passed by the First Constituent Assembly in March 1949 under leader ship of Liaquat Ali Khan. It contained those objectives on which the future constitution was to be based as stated by the founder of the nation, Quaid-e-Azam in February 1948, said:

"The constitution of Pakistan will be democratic and based on the fundamental laws of Islam....Islam and its ideology has thought us the lesson of democracy."

The Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly of Pakistan. The resolution, proposed by the Prime Minister, Liaquat Ali Khan, proclaimed that the future constitution of Pakistan would not be modeled entirely on a European pattern, but on the ideology and democratic faith of Islam.
Objective Resolution and Liaquat Ali Khan
While introducing the resolution in the constituent Assembly, Liaquat Ali Khan said:
The ideals that promised the demand for Pakistan should form the corner stone of the state. When we use the word “Democracy” in the Islamic sense it pervades all aspects of life. It relates to the system of government and to our society with equal validity because one of the greatest contributions of Islam has been the equality of all men.

Importance of Objective Resolution
This resolution is of fundamental importance in the history of constitutions making in Pakistan because from the first constitution of 1956 till the constitution of 1973 (present constitution) whatever constitution was framed it was based on this objective resolution. At the time it was passed, Mr. Liaquat Ali Khan called it
The most important occasion in the life of this country, next in importance only to be achievement of independence.
It contains those steps and principles which were to be taken for the fulfillment of the basic aim of the freedom struggle that is the establishment of an Islamic Society in Pakistan. Hence, it is a significant document in the constitutional history of Pakistan. When Liaquat Ali Khan visited America in the course of his speech at New Orleans, he said
We believe in God and his Supreme Sovereignity because we believe that civic life must have an ethical content and a higher purpose. But democracy, social justice, equality of opportunity and equality before the law of all citizens inrespective of their race and creed are also aspects of faith with us
Features of Objective Resolution
Importance in the constitutional history of Pakistan

The first principle which comes after the opening Bismillah is the Resolution declared the sovereignty of God as the distinctive political philosophy and the primary feature of the Islamic political system that the God Almighty is the source of authority and power for the whole Universe. This notion that the authority or the sovereignty belongs to Allah is different from the notion that is practiced in the Western Democracy. The Western democracy gives the notion that sovereignty lies in the people but this Resolution is important having the concept of the sovereignty of God. It clarified that people would utilize powers gifted by God so they would have to work within the limits prescribed by Him which is the source of ultimate power and this principle. In fact, this sentence that the sovereignty belongs to Almighty Allah is incorporated in all the constitutions of Pakistan. The exercise of the powers is a sacred trust.
The next line which we have outlined while discussing the principles is an extension of this principle, when you say sovereignty belongs to Almighty Allah authority in this World. The Objective Resolution and later on the all the constitutions of Pakistan recognized, a logical follow up is that the power and the authority that is to be exercised by the state of Pakistan or those who will be exercising power in the name of the state of Pakistan will have to function within the limits prescribed by Allah. They can’t violate His command and principles which have to be followed at all times and this job of exercising authority or power is a sacred trust. Nobody, any leader or institution can claim that his power or authority belongs to him or her. It is a responsibility and an obligation and as an obligation it is a sacred trust because ultimate power belongs to Allah and if you are exercising it then it would be a trust on you, it is your duty not your personal power.
The resolution remained preamble of all constitutions
Due to its importance.The sovereignty belongs to Alimghty Allah is incorporated in all the constitution of pakistan
When Laquat Ali Khan visted America, in the course of his speach at New Orleans,He said,
"We believe in God and his Supreme sovereignty because we believe that civic life must have an ethical content and a higher purpose. But democracy, social justice, equality of opportunity and equality before the law of all citizens irrespective of their race and creed are also aspects of faith with us."

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