Assignment:
What do you know about the Objectives Resolution? Describe its importance in the constitutional history of Pakistan.
The Objectives Resolution was the first constitutional document that proved to be the ‘foundation’ of the constitutional developments in Pakistan. It provided parameters and sublime principles to the legislators. It made the constitution-making process easy task setting some particular objectives before them that would be acceptable to the people of Pakistan who had suffered a lot under the Hindu-dominated majority. The Objectives Resolution was moved by Liaquat Ali Khan, the then Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949 and this Resolution became the foundation in the constitutional history of Pakistan.
The First Constituent Assembly of Pakistan passed the Objectives Resolution. The first Constituent Assembly came into existence under Indian Independence Act 1947at the time of independence, however its roots can be traced back to the 1946 when the elections for the constituent assembly for United India were held in July 1946 to decide the destiny of the All India Muslim League (AIML)’s claim that it is the only representative party of the Indian Muslims that desire separate homeland, Pakistan. Objectives Resolution was the first constitutional document which served as the foundation of the constitution sets out the parameters and identified the goals and the objectives which the framers of the constitution wanted to achieve.
Main Features of the Objectives Resolution:
1. The first constitutional principle outlined in the Objectives Resolution (OR) was that Sovereignty over the entire universe belongs to Almighty Allah alone.
2. The authority which Allah has delegated to the state of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust.
3. The 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.
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.
7. Minorities will have freedom to freely profess and practice their religions and develop their cultures.
8. There were also provisions for safeguarding the legitimate interests of minorities, backward and depressed classes. So in addition to the minorities the OR was also talking about the backward and the depressed classes.
9. Pakistan shall be a Federation with autonomous units.
10. State’s sovereignty and territorial integrity will be protected.
11. People of Pakistan should have an opportunity to prosper and to attain their rightful place in the comity of nations and make contribution towards international peace progress and happiness of humanity.
These principles served as guidelines for constitution making in Pakistan. The principles enunciated in the OR are also in a way aspiration the desires, goals and the objectives for which the constituent assembly was to frame a constitution. The Pakistani polity or the Pakistan political system was to move in the direction of achieving those goals outlined in the Objective Resolution.
Objections by Non-Muslims
There were fears in their minds of the Non Muslims and they raised those issues in the constituent assembly which were thoroughly debated by Muslim members as well as by the non Muslim members. The major objection by the Non-Muslims was that this Objectives Resolution was trying to mix the religion and politics that was against the spirit of democracy and from their perspective that needed to be separated. This objection was ruled out because the Muslims of this Sub Continent had defined their identity with reference to Islam and there was a general consensus that the state of Pakistan will have relationship with the parameters and principles which they have used to defined their identity and then demand a separate state.
The other point raised by the non-Muslims was that they objected on the ‘Sovereignty of Allah’ and minorities’ rights, they were saying that the sovereignty will have been with the people with God it may be too extract; also saying it would promote inequality in the society. Again it was explained in and outside the constituent assembly that this is the cardinal principle of Islam and this does not mean that some individuals or some group would claim to exercise that authority in the name of God. They were also of view that Shariah was not adequate for the modern time. They feared that it would encourage the religious extremists to work for the establishment of a ‘theocratic state.
Importance of the Objectives Resolution
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 authority in this World. The Objective Resolution and later on the all the constitutions of Pakistan recognized 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 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. Whenever we discuss history of constitution making even history of politics OR is very important. It’s important that it embraces centrality of Islam to polity sustaining their links with the pre-independence period and the post 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 of Pakistan due to its importance and during the period of General Zia-ul-Haq it was incorporated in the 1973 Constitution of Pakistan under Article 2-A.
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