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.