0% found this document useful (0 votes)
965 views

Objective Resolution

The Objective Resolution was the first constitutional document of Pakistan, adopted in 1949. It provided the fundamental principles and objectives to guide future constitution-making. Key objectives included: sovereignty belongs to Allah but is exercised through elected representatives; democracy, freedom, equality and social justice will be observed under Islamic principles; minorities will be free to practice their religions. The Resolution became part of the constitution in 1985 and remains an important document establishing Pakistan's foundation as an Islamic democratic republic.

Uploaded by

Mashyam Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
965 views

Objective Resolution

The Objective Resolution was the first constitutional document of Pakistan, adopted in 1949. It provided the fundamental principles and objectives to guide future constitution-making. Key objectives included: sovereignty belongs to Allah but is exercised through elected representatives; democracy, freedom, equality and social justice will be observed under Islamic principles; minorities will be free to practice their religions. The Resolution became part of the constitution in 1985 and remains an important document establishing Pakistan's foundation as an Islamic democratic republic.

Uploaded by

Mashyam Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 14

Objective Resolution

1. Introduction
Constitutional history of Pakistan opened with objective Resolution. It was a resolution adopted by the
Constituent Assembly of Pakistan on March 12, 1949. Prime Minister, Liaquat Ali Khan, had presented it
in the assembly on March 7, 1949.
It was the first constitutional document of Pakistan. It provided foundation or provided foundation or
parameters or sublime principles to the legislatures. It made the constitution-making Process Easy Task
Setting some particular Objectives before Them That Would Be Acceptable to the People of Pakistan
Later on, it was included in Preamble of all three constitutions of Pakistan. Now it is part of Constitution of
Pakistan 1973. The resolution, in its entirety, has been made part of the Constitution of Pakistan under
Article 2(A).

2. The preamble of the constitution:


The preamble of the constitution is a brief and well worded statement of the principle which guided the
constitution makers. Preamble means an introductory statement in a constitution, statute or other
document, and it explains basis and objective of such document. A preamble often consists of a series of
clauses. Contrary to this preamble of constitution of Pakistan consists of objective resolution. It is not the
part of the constitutions as article. It is merely a statement affined to statute indicating the principles used
as guidelines by its framer.

2.

Meaning of preamble:
According to oxford dictionary of law :

The part of a statue that sets outs its purpose and effects.
According to black law dictionary:
An introductory in a constitution, statute or other document explaining the documents basis and objective.

According to Osborn's concise law dictionary:

The recitals set out in the beginning of a statute showing the reason for the act.

3.

Purpose of Preamble:

The preamble of the constitution is not justifiable as other parts of the constitution. The preamble is
written in the constitution just to determine the ideals and the objects for the government to achieve. It
helps in the interpretation of the provisions of the constitution when they are ambiguous or resolve a
dispute between two conflicting provisions of the constitution.

4. Nature

of Preamble:

Preamble is not legally enforceable. It states principles and brief statement. All the principles laid down in
the preamble find expression in the enactment and provides guiding light true appreciation and
understanding of document.

5. When did the preamble of Pakistan became the part of 2-A:


Preamble of constitution of 1973 has become article 2-A in 1985 through President Order. Is a brief and
well worded statement of the principle which guided the constitution makers. Preamble means an
introductory statement in a constitution, statute or other document, and it explains basis and objective of
such document. A preamble often consists of a series of clauses. Contrary to this preamble of constitution
of Pakistan consists of objective resolution. It is not the part of the constitutions as article. It is merely a
statement affined to statute indicating the principles used as guidelines by its framer.

6. Objective Resolution In the light of Quaid e


Azam's 11 August 1947 speech,
Objective resolution contradicts the very basic idea of Quads version of constitution.
As the speech was,
You are free, you are free to go to your temples, you are free to go to your mosques or to any other place
of worship in this State of Pakistan. You may belong to any religion or caste or creed - that has nothing to
do with the business of the State...We are starting with this fundamental principle that we are all citizens
and equal citizens of one State...I think we should keep that in front of us as our ideal and you will find
that in due course Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the
religious sense, because that is the personal faith of each individual but in the political sense as citizens
of the State.

7. Objective resolution provided basic objectives:


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 and its
ideology has thought us the lesson of democracy.

8. Object of objective resolution:

Objective resolution as three separate distinct components .first is purely structural feature of it
that the sovereignty of Allah Almighty descending on the people of Pakistan constituting state of
Pakistanis to be exercised through their chosen representatives .
The second is qualitative feature, which is based on trust that representatives have to be
exercised within the limits prescribed by the Almighty Allah.

The third is normative feature, the norms the goals the ideals, mostly mundane in nature are
spelt out with particularity which have to be achieved through the constituent assembly and by the
process of framing a constitution.

9. The objective Resolution proclaimed the following principles:


The Objectives Resolution, which is considered to be the Magna Carta of Pakistans constitutional
history, proclaimed the following principles:
1. Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people
for being exercised within the limits prescribed by Him as a sacred trust.
2. The State shall exercise its powers and authority through the chosen representatives of the people.
3. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam,
shall be fully observed.
4. Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with
the teachings of Islam as set out in the Holy Quran and Sunnah.
5. Adequate provision shall be made for the minorities to freely profess and practice their religions and
develop their cultures.
6. Pakistan shall be a federation.
7. Fundamental rights shall be guaranteed.
8. Judiciary shall be independent.
The Objectives Resolution is one of the most important and illuminating documents in the constitutional
history of Pakistan. 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 the achievement of independence.
The importance of this document lies in the fact that it combines the good features of Western and Islamic
democracy. It is a happy blend of modernism and Islam. The Objectives Resolution became a part of the
constitution of Pakistan in 1985 under the Eighth Amendment .

10. Silent Features or Constitutional Status or Importance of Objective


Resolution:
Following are the features/status/importance of objective resolution

Sovereignty
It has been decide in Objective Resolution that sovereignty belongs to Allah alone.

Federation

It has been settled that Pakistan will be a federation.

Fundamental Rights
Objective Resolution has provided guarantee for fundamental rights for people of
Pakistan and it has decided that no Law, which is against the Fundamental Rights,
will be made.

Independence of Judiciary
Objective Resolution has admitted that judiciary will remain independent for
providing of justice easily.

Rights of Minorities
It has been decided in Objective Resolution that adequate Provisions will be made
for rights and protection of minorities.

Development of Backward Areas


It was declared that development of Backward Areas of Pakistan will be made soon.

Defense of Pakistan
It was declared that defense of the country will be made strong.

Religious freedom of Minorities:


All minorities shall be given religions freedom. They have right to live according to
the teaching of their religion.

Welfare State
Objective Resolution has decided that Pakistan will be a welfare state, which will
work for prosperity of its own people and for promotion of international peace.

Territories of Pakistan
The objective resolution also provides the territories of Pakistan. The following
territories include in Pakistan.
The Punjab
The Balochistan

The Sindh
The N.W.F.P

Enforcement of Objective Resolution:


Although objective Resolution has now been made a substantive part of the constitution,
nevertheless by its own force it cannot render the injunctions contained in Holy Quran or
Sunnah an integral part of the Constitution.PLD 1989 Kar.371.

11. Points in 2(A) fully discussed:


Allah is the only sovereign:
Allah is the absolute sovereign in Islam, and is therefore the only Lord of whole
Universe. Just as He is the Lord of the physical universe, to the true Muslim
believers, Allah is the Lawgiver for every area of human life. Just as He is the
Master of the physical world, Allah is the Ruler of the affairs of men in Islamic
doctrine. Thus Allah is the supreme Lawgiver, the Absolute Judge, and the
Legislator Who distinguishes right from wrong. . In other words, Allah alone has the
authority to make laws, determine acts of worship, decide morals, and set standards
of human interaction and behavior. This is because,
His is the Creation and Command. (Quran 7:54)

Islam: A Total Way of Life:


Islam is a total way of life it has provided guidance in every sphere of life, from
individual cleanliness, rules of trade, to the structure and politics of the society.
Islam can never be separated from social, political, or economic life, since religion
provides moral guidance for every action that a person takes. The primary act of
faith is to strive to implement Allah's will in both private and public life. Muslims
see that they, themselves, as well as the world around them, must be in total
submission to Allah and his Will. Moreover, they know that this concept of His rule
must be established on earth in order to create a just society.
You are the best community raised for mankind, enjoining the right and
forbidding the wrong (Quran 3:110)
Throughout history, being a Muslim has meant not only belonging to a religious
community of fellow believers but also living under the Islamic Law. For Islamic Law
is believed to Allahs absolute sovereignty.

The Separation of Institutional Religion & the State:

As we have mentioned, in Islam Allah is acknowledged the sole sovereign of human


affairs, so there has never been a distinction between religious and state authority.

In Christianity:
Christian history until the present times, there has always been two authorities
Allah and Caesar, or the church and state. Each had its own laws and
jurisdictions, each its own structure and hierarchy. In the pre-westernized Islamic
world there were never two powers, and the question of separation never arose.
The distinction so deeply rooted in Christendom between church and state has
never existed in Islam.

Democracy in Islam:
Allah says in Quran, Chapter 12, and Yusuf, Verse 67
"Lo! The decision rests only with Allah."
In Islam besides Allah, no one has the right to make laws. Allah is our Creator, our Lord and he knows
well that what is good and what is bad for us. It is the responsibility of human to implement the laws of
Allah in his society.
So, in Islam, Democracy has no concept.. Because in Democracy, "Parliament" has right to pass or
reject any law whether it is against to Islamic Sharia or not. As we can see that assemblies in this
democratic system have passed many anti-Islamic laws like interest (Banking), insurance, stock markets
and many other laws against Islamic Sharia'a.

Allah says in Quran, Chapter 33, Al Ahzaab, Verse 36


it is not for a believer, man or woman, when Allah and His Messenger have decreed a
matter that they should have any option in their decision. And whoever disobeys Allah
and His Messenger, he has indeed strayed into a plain error."
In Islam, besides Allah, no one has the right to make laws. The Parliament and Senate who have
authority to make law have no actuality in Islam. No form of democracy is perfect either it is parliamentary
democracy or presidential democracy. Because it gives authority of making laws to people. Democracy in
any form has no value in Islam. So, to support or participate in any democratic system is prohibited in
Islam without any doubt.

Allah says in Quran, Chapter 59, Al Hashar, Verse 7


"When the Prophet (SAWS) gives you something, take it and when he refrains you from
anything, keep yourselves away from it."
Allah says in Quran, Chapter 4, Al Nisa, Verse 65

"But no, by your Lord, they can have no faith, until they make you judge in all disputes between
them, and find in themselves no resistance against your decisions, and accept (them) with full
submission."

Election or Voting:
As far as election or voting is concerned, it is only a style to select a person for performing a specific job.
Islamic Sharia'a permits such kind of selection but within the boundary of Sharia
For example:
The selection of a monitor or representative of a class. Similarly, the selection of representative of Majlis
e Shoora or the selection of Caliph can be done by it. It is the duty of Caliph to impose the laws of Allah in
society and Caliph is also under the laws of Allah. So election or voting itself is not wrong in Islam but
when this style is adopted in a democratic system it is wrong.
As we have seen all facts about Democracy, it is a form of non-Islamic government. It is not permissible
for any Muslim to participate in such kind of voting or election because by doing this his representative
sitting in the Parliament will make laws himself, which is a shirk (to associate partner with Allah).
Our Creator knows well that what is good and what is bad for us. So we have to obey our Creator in any
condition, if we want to become succeed in this world and hereafter. For this purpose, there is a need to
establish an Islamic State (Khilafat) where every law will be according to the order of Creator. Which He
has sent down (Quran) for our guidance. We have to speed up the struggle to establish Islamic Khilafat.
This is good solution for us.

Western concept of democracy:


U.S. president Abraham Lincoln (1809-1865) defined democracy as,
Government of the people, by the people, for the people
This is one famous definition of democracy. Democracy is generally defined as a form of government in
which all adult citizens have an equal say in the decisions that affect their lives. It can also cover social,
economic and cultural conditions that enable the free and equal practice of political freedom.
Democracy is not the name of just voting, elections and to chose political leaders but a system in which
law making authority is in the hands of people. It is a system in which people have right to conform or
reject any law depending upon the number of votes.

Independence of judiciary:
The notion of judicial independence and impartiality has always been an integral part of Islamic
law. Regarding the administration of justice,
The Quran declares: Surely, We have revealed the Book to you with truth so that you may judge
between people by means of what Allah has taught you. And is not one pleading the cause of the
dishonest. (4:105)

It is agreed that the occasion of the revelation of the abovementioned verse was a dispute between a Jew
and a Muslim. The Muslim, supported by his tribe, had falsely accused the Jew of theft. Based on the
evidence the Prophet (PBUH) decided against the Muslim.
At a time when help was sorely needed for the defense of Islam, such a verdict meant the loss of that
tribe. But such considerations did not carry any weight with the Prophet (PBUH) and he cleared the Jew
of the charge. Thus, the verse lays down that dishonesty must be punished, and the balance of justice
must be held equal between friends and foes and between Muslims and non-Muslims. Muslim judges are
required to be upright and not to be swayed by ties of relationship or by considerations of fear or favor.
The Quran says: O you who believe, be maintainers of justice, bearers of testimony for Allah, even
though it be against your own selves or (your) parents or near relatives whether one be rich or
poor (4:135)
And not let hatred of a people keep you from acting equitably
(5:8) So judge between men justly and follow not desire. (38:26)
The Prophet (PBUH) was known for his fair and impartial administration of justice. He strictly implemented
the Quranic instructions regarding equality before the law, and never made any distinction between
litigants on the basis of faith or relations. Besides Muslims, non-Muslims would also come to him for the
settlement of their disputes and he would adjudicate in accordance with their laws.
The successors of the Prophet (PBUH) also ensured the implementation of judicial independence and
impartiality. Caliph Hazrat Umar (R.A) once went to a judge for the settlement of a dispute. The judge, on
seeing the caliph, rose in his seat as a sign of respect. Hazrat Umar (R.A) considering this act as an
unforgivable weakness, immediately dismissed him from office .

Another example:
that shows how just and impartial the Islamic judiciary must be is when Caliph Hazrat Ali (R.A) went to
court regarding a piece of armour in the possession of a Jew. As the evidence submitted by Hazrat Ali
(R.A) was apparently insufficient, the judge gave his verdict in favour of the Jew. The Jew was so
impressed by the fairness of the Islamic justice system that he immediately returned the armour to Hazrat
Ali and embraced Islam.

The following portion of a letter, written by Hazrat Ali (R.A) to one of his governors
eloquently explains the status and role of the judiciary in Islam:

Select as your chief judge one from the people who by far is the best among them.

One who is not obsessed with domestic worries.

One who cannot be intimidated.

One who does not err too often; one who does not turn back from the right path once he finds it,
one who is not self-centered or avaricious.

One who will not decide before knowing the full facts, one who will weigh with care every
attendant doubt and pronounce a clear verdict after taking everything into full consideration.

One who will not grow restive over the arguments of advocates, one who will examine with
patience every new disclosure of facts.

One who will be strictly impartial in his decision; one whom flattery cannot mislead, one who
does not exult over his position.

But it is not easy to find such men. Once you have selected the right man for the office, pay him
handsomely enough to let him live in comfort and in keeping with his position, enough to keep him above
temptations. Give him a position in your court so high that none can even dream of coveting it, and so
high that neither backbiting nor intrigue can touch him.
Thus, we see that Islam provides for an independent and impartial judiciary. As law in Islam stands at the
apex of social organization, those who administer the law must likewise be elevated and kept
independent of executive control. Also, it is the duty of the judges to stand firm for justice, though doing so
may become detrimental to their own interests.
Unfortunately, judicial systems in many present-day Muslim countries rarely show the independence and
impartiality required by Islamic law. This is not due to some inherent fault in the teachings of the Quran
Pak and Sunnah. A dishonest government never prefers an efficient judiciary and, therefore, competent
persons are never appointed to judicial posts.
And when a competent person somehow does get appointed, his actions are neither supported nor
encouraged. Of course, an upright and capable regime has nothing to fear and does not need to resort to
such tactics

12. Rights of minorities in Pakistan & in Islam:


Minority rights have always been an issue of great debate not only in Pakistan but also in the whole world.
This issue resurfaced once again after the unfortunate incident in Kasur in which a Christian couple were
lynched and burnt to death. Many see the mixing of Islam in the polity of Pakistan to be the source of all
ills with regards to minority rights. They are of the view that the exclusion of Islam from politics is the only
panacea for the marginalization of minorities in Pakistan. It may be an over-simplified view. Things are not
that easy. It is also important to understand how Islam protects minority rights.
The Constitution also ensures to preserve the language, script and culture of all citizens, irrespective of
their religion and creed. As Muslims are free to preserve their cultures, there is no discrimination on the
part of the state to ban minority festivals such as Diwali and Christmas.
In the urban cities of Pakistan even Muslims become excited about celebrating Christmas Day. Islam and
the Constitution are no hurdles in the civil rights of minorities. But then, why do we hear of cases of
violence against non-Muslims? Is Islamisation of polity the reason for the unfortunate events against our
Christian citizens? Does the solution lie in de-Islamizing Pakistans polity?

Article 2 A of the Constitution bars the legislature from making any law repugnant to Islam as the
sovereignty of the entire world, including Pakistan, belongs to Allah. This implies that the government,
which fails to prove protection to minorities, is disobeying Allahs orders. Furthermore, no government can
ever commit any alteration in the Constitution with the intention of reducing minority rights since such
rights are ensured to them by Islam.
The history of Islam is replete with such examples.
Once, a Muslim, who was accused of killing a non-Muslim, was presented in the court of Hazrat Ali (RA).
The evidence supported the accusation. When Hazrat Ali (RA) ordered the Muslim to be killed by way of
qisas, the relatives of the murderer made the brother of the killed forgive by paying him the compensation
money. When the Caliph came to know of it, he asked, perhaps these people may have coerced you into
saying so. To this, he replied in the negative, saying that the killing would not bring his brother back. Since
they were paying him blood money, it would help the family financially to some extent. The Caliph agreed
to the deal but added that the principle underlying the functioning of his government was "the blood of
those of our non-Muslim subjects is equal to our blood and his blood money is like our blood money."
(Abu Yusuf, Kitab-ul-Khiraj, p. 187)
Islam ordains people to worship Allah Almighty but it does not coerce followers of other religions to accept
Islam and change their creed. Invitation to truth and use of coercion are mutually exclusive realities.
The Holy Quran has communicated the Islamic message of truth in these words: "(O Glorious
Messenger!) Invite towards the path of your Lord with strategic wisdom and refined exhortation
and (also) argue with them in a most decent manner. Surely your Lord knows him well who
strayed away from His path and He also knows well the rightly guided." (16:125)
The minorities cannot be compelled to render defense services. Rather, it is the responsibility of the
Islamic state to defend them. Since the Islamic state is responsible for the protection of lives, honor and
property of the minorities and they do not have any other obligation with regard to defense, they are liable
to contribute financially to the Islamic state in the form of a tax called Jizya. Even then, Islam has taught
about justice and good manners when it comes to the imposition of Jizya on the minorities.

Amr bi 'l-ma'ruf wa nahi 'ani 'l-munkar:


Islam is not a religion in the spiritual sense of the word only, it deals with all aspects of human life. Islam
also seeks to create peace and harmony in the social life of a Muslim society. It has instituted ways to
promote good and prevent evil in the society. The most important social principle of Islam is known as
"amr bi l-ma'rf WA nahi ani 'l-munkar. This social principle is relevant on the individual level as well as
social level. We have to promote good and prevent evil within the sphere of our own family and friendship
circle as well as within the Muslim community and the human society at large.

Meaning:
Amr bi 'l-ma'rf means to bid the good or to promote the good,
Whereas nahi 'ani 'l-munkar means to forbid the evil or to prevent the evil.

Importance of Amr & Nahi:


Amr bi 'l-marf & nahi 'ani 'l-munkar is a moral and ethical safety-net for the Muslim community and the
human society at large. It does not allow the Muslim community to abandon its members in the path of
immorality and self-destructive path. Nor does it allow the Muslim ummah to be indifferent to the moral
and ethical dilemma faced by humanity at large.

Allah says:
"There should be among you (O believers), a group (of the learned and sincere persons) who
should call (the people) towards goodness, bid (them) to the good and forbid (them) from the evil-they are the successful people." (3:104)

While describing the believers,

Allah says:

"The believing men and the believing women are helpers of each other: they bid the good, forbid
the evil, establish the prayer, pay the alms and they obey Allah and His Messenger, these are the
people on whom Allah will be merciful. Indeed Allah is Powerful and Wise. (9:71)
In the latter verse, while counting the positive qualities of the believers, Allah has placed amr bi 'l-ma'rf
and nahi 'ani 'l-munkar before the Namaz and the zakat. Because it is with amr and nahi that Namaz or
salat, zakat and other good deeds will be promoted and practiced in the Muslim community.

3. Amr & Nahi: An Expression of Brotherhood:


Amr and nahi should not be seen as interfering in the lives of other people, it is on the contrary, one of the
demands of brotherhood in Islam.
The Quranic verse in which Almighty Allah has talked about Islamic brotherhood is not actually a verse
about brotherhood, it is a verse which gives an extreme example of amr and nahi, and it justifies the
interference by saying that indeed the believers are brothers. Now read the entire two verses:
If two groups from among the believers fight (against each other) then you should make
peace between them. However, if one continues its aggression over the other, then fight
the aggressor party until it agrees to return to the command of Allah. If the aggressor
agrees to return (to the command of Allah), then make peace between the two on the basis
of justice. Be just, verily Allah loves those who are just. Indeed the believers are brothers,
therefore, make peace between your brothers. And fear Allah so that you may be dealt with
mercy. (49:9-10)

4. Conditions & Levels of Amr & Nahi:


The issue of amr bi 'l-ma'rf and nahi 'ani 'l-munkar, depending on the circumstance, can take different
forms, it can become wajib or sunnat. Even the means of amr and nahi depends on the circumstances of
the issue and the person involved.
The person who wants to do amr and nahi should observe the following conditions,

1.

You must be familiar with the Islamic view on that issue in order to properly define good and evil
before encouraging others to do good or forbid them from evil.
2. In each given case, you must weigh the possibility of the influence of your advice. If you are sure
or there seems to be a great probability that your words will have no effect on the other person,
then it is not necessary to do amr or nahi.
3.

You must also evaluate the state of the person whom you want to advice. Is he insisting or
repeating the evil deeds or was it just a onetime slip on his part? If you discern or come to know
that he is not going to repeat the sin, then you do not have to do amr or nahi.

4.

You must also evaluate the overall situation to make sure that your action of amr or nahi would
not lead to a worse situation than what exists at present.

Even when you have decided that you should do amr or nahi, you will have to look at the different level of
doing amr bil-ma ruf and nahi ani -l-munkar. In all, there are three levels of amr and nahi:
1. By indirect action, By indirectly expressing your dislike of the other person's wrongful behavior.
For example, by not greeting him or greeting him without the previous warmth, or by ignoring
him: with the hope that this might lead the person to think about change in your attitude towards
him, and hopefully guide him to the right direction.
2. Verbally: If the first method does not work, then talk to the person. Whether you should talk
politely and friendly, or harshly depends on the situation.
3.

by direct action: This is only applicable to those who have authority over others: parents,
teachers and Islamic government. If preventing the evil depends on physical action, then it must
be thought out very carefully.

Leading Case on Article 2A of the Constitution of Pakistan,


1973:
Hakim Ali vs. government of Pakistan (PLD1992 sc 901)
Held:
It was held that the president of Pakistan had no such power to commute the death sentence awarded in
matters of hadood, Qisas and Diyat ordiance.The power of pardon in such cases only vests with the heirs
of the deceased.
Therefore the cases in which death sentence have been awarded the president had no power to
commute remit or pardon such sentences.
However, the cases would be on different footings .if a person has been punished by way of tazir as in
such cases, the head of the state has the power to pardon the offender and that too in public interests.

Asma Jilani vs. Government (PLD 1972 S.C.139):


The Supreme Court of Pakistan while considering the importance of Objective Resolution and
describing it as our grand-norm, on which the edifice of the State rests declared in the leading opinion of
Hamoodur Rehman C.J in the case of Asma Jilani versus Government (PLD 1972 S.C.139),Our own

grand-norm is enshrined in our own doctrine that the legal sovereignty over the entire universe belongs to
the Almighty Allah alone, and the authority exercisable by the people within the limits prescribed by Him is
a sacred trust.
Yaqoob Ali J (as he then was), another member of the bench which decided Asma Jillanis case in
his separate opinion observed, Pakistan is an Islamic Republic. Its ideology is enshrined in the Objective
Resolution of March 1949, which inter alia declares wherein the Muslims shall be enable to order their
lives in the individual and collectives spheres in accordance with the teachings and requirements of Islam
as set out in the Holy Quran and Sunnah.
Article 2 of the Constitution of 1973 declares Islam as the State Religion of Pakistan. In a later
development the Objective Resolution was incorporated in the Constitution of 1973 as its substantive part
as Article 2-A.

Conflict between objective Resolution and constitution or the Law:


Article 2A is not a Supra constitutional provision if we want a true status then it would require then it would
be required to frame a entirely new constitution and even if Art-2A really meant that after its introduction it
is to become in control of the other provisions of the constitution, then most of the articles of the existing
constitution will become questionable on the ground of their alleged inconsistency with the provisions of
the objective Resolution, therefore the provisions of Article 2-A were never intended at any state to be
self-executor or to be adopted as a test repugnancy or of contrariety.1993 SCMR 1718.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy