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Spring 2013

Assignment # 02                                                                    Total Marks: 10

Due Date: 03 July, 2013

                

 

Objectives:

To asses students’ knowledge of the subject and to motivate them towards conceptual knowledge and practical application of the subject.

 

Instructions

 

  1. Late assignments will not be accepted.
  2. If the file is corrupt or problematic, it will be marked zero.
  3. Plagiarism will never be tolerated. Plagiarism occurs when a student uses work done by someone else as if it was his or her own.
  4. If any assignment is found copied work, no marks will be awarded and the case may be referred to the head of the academics for disciplinary action.
  5. No assignment will be accepted via e-mail.
  6. The file should be in Word doc form; the font color should be preferably black and font size can be 12 Times New Roman.

 

Guideline:

Try to be genuine and impressive in your approach.

Assignment

 

What do you know about the Objectives Resolution (1949)? Describe the main features and importance of the resolution.

 

 

 

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Q. What was the objective resolution 1949? and its importance
1. Introduction: 
Liaquat Ali Khan the first prime minister of Pakistan presented a resolution on 12th March 1949 in the legislature. it is called objectives resolution.
2. Objectives resolution 1949:
The constitution assembly on 12th March 1949 passed objectives resolution. it was first step toward constitutional development. it was passed by majority of the assembly.
3. Importance:
The objective resolution present a model of the combination of the western and Islamic democratic values. it served as preamble of the constitution. 4. Salient/Important features of objective resolution:
Important features of objectives resolution are as under:
(i) Sovereignty Of Allah:
Allah is the sole ruler of the universe. the sovereignty belongs to Almighty Allah.
(ii) Subjugation of Islamic Principles:
It embodied the Islamic conception of the state to serve as the foundation and basis of the Islamic State.. The resolution began in the name of Allah.
(iii) Islamic way of Life:
Efforts will be made to adopt Islamic way of life in the country and opportunities will be provided to Muslims to live according to the teaching of Islam.
(iv) Religious Freedom of Minorities:
All the minorities shall be give religious freedom. Then have right to live according to the teaching of their religion.
(v) Federal Form of Government:
The territories included in Pakistan and those that affiliate with Pakistan will make a Federation.
(vi) Fundamental Rights:
Basic rights will be available to all the people of Pakistan.
(vii) Freedom of Judiciary: 
The independence of judiciary was recognized and it was also one of the important objective of the resolution.
(viii) Defence of Pakistan:
It was declared that defence of the country will make strong.
(ix) Development of Backward Areas:
Special measures will be taken for the development of Backward areas.
(x) Democratic Principles:
Pakistan will be a democratic country.
(xi) Equality of Citizen:
All citizens will be considered equal.
5. Conclusion:
To conclude I can say that; Objectives resolutions provided basic principles for constitution making. In the Islamic republic of Pakistan. It was passed by the majority in the Assembly. It is in accordance with the spirit of Islam.


Salient Features of Objective Resolution

Objective Resolution

After the death of Quaid-e-Azam on 11th September 1948, the responsibility of framing the constitution fell on the shoulders of the first Prime Minister, Liaquat Ali Khan. This resolution was passed by the First Constituent Assembly in March 1949 under the leadership of Liaquat Ali Khan.

 

Salient Features of Objective Resolution

The salient features of the Objective Resolution are as follows:

 

Sovereignty Belongs to Allah

The resolution clearly laid down that sovereignty over the entire universe belongs o Almighty Allah alone and the authorities to be exercised by the people of Pakistan as a sacred trust.

 

Federal System

Federal System of Government will be introduced in Pakistan.

 

Golden Principles of Islam

Principles of democracy, equality, freedom and social justice as laid down by Islam shall be fully observed.

 

Supreme Authority of the People

The sovereignty of the state will be established through the elected representative of the people.

 

Life According to the Teachings of Islam

The Muslims shall be provided with opportunity to order their lives in accordance with the teachings and requirements of Islam.

 

Protection of the Rights of Minorities

The rights and interests of the minorities to freely profess and practice their religion will be protected.

 

Equal Rights to Citizens

All citizens will enjoy their rights on the principle of equality.

 

Development of Under Developed Areas

All efforts will be made for the development and progress of the under developed areas.

 

Independence Judiciary

Judiciary will be independent.

 

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 will equal validity because one of the greatest contributions of Islam has been the equality of men.”

Importance of the 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. 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 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.”

Basic Principles Committee

 

After passing the Objective Resolution, the Constituent Assembly of Pakistan set up a “Basic Principle Committee” to spell out proposals for the constitution in accordance with the guidelines contained in the Objective Resolution.

 

Conclusion

All the above mentioned principles were present in the Objective Resolution that is why this resolution is considered an important event in the constitutional history of the country. It was accepted by all classes of people. It provided a guide line for the future constitutions of Pakistan which were passed in 1956, 1962 and 1973. It consisted of such principles which revealed that character of constitution shall be Islami.




What do you know about the Objectives Resolution (1949)? Describe the main features and importance of the resolution.

Sovereignty:

1. Sovereignty over the entire universe belongs to Almighty Allah alone.

A sacred trust:

2. The 2nd principle is an extension of the first which says that the authority which He has delegated to the state of Pakistanthrough its people for being exercised within the limits prescribed by Him is a sacred trust.

The constitution:

3. The Constitution will be framed for sovereign, independent state of Pakistan.

The representatives of the people:

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 principles:

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.

Minorities:

7. The 7th principle outlined in the OR of March 1949 is that the minorities will have freedom to freely profess and practice their religions and develop their cultures.

Human rights:

8. The 8th principle is very similar to the 7th that says 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.

 Federation:

9. Pakistan shall be a Federation with autonomous units.

State’s sovereignty:

10. State’s sovereignty and territorial integrity will be protected.

International norms:

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.

Explanation and Importance

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 ofPakistan 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 next line which we have outlined while discussing the principles is an extension of this principle, when you say sovereignty belongs to Almighty Allah, 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.

Another important principle that comes out of the OR is the institution of representation. In the principles which I have outlined it is very clearly stated that the powers would be exercised through the representatives. It is not that some body can grap power and claim that the power to his or her. The system of representation is provided for in the OR. Those people who will exercise the power as a sacred trust will be representatives of the people. In other words he OR provides for a democratic and a representative system. It provides excess of power to the people through their representatives therefore the principle of representation is of vital importance and significance. It is understandable that this principle was incorporated in the Objectives Resolution. If we go back to the Independence period we will find that the ML while striving for the establishment of Pakistan was claiming to be the representative of the Muslims and through 1946 elections it established its credentials as the sole representative body of the Muslims and that principle is reflected here.

There is another principle that we have discussed which stresses on the modern notions of democracy, freedom, equality and social justice. 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 principles are the foundation and bases of any civilized political system. Islam also provides for these kinds of principles. In fact, equality, tolerance and social justice have been the characteristic features of Islam. Therefore here the OR was combining the two and that’s why it says that these principles will be implemented as enunciated in Islam. In other words this principle describe the modern notion of state governance like representation and then the principles of democracy and equality which are find in both and the OR has emphasize Islam because in the period of pre-independence Muslims of this Sub-Continent were defining their national identity with reference to Islam, Islamic culture, heritage and civilization and you can see the reflection of both in the Objectives Resolution.

There is an other principle which is emphasized in the Objectives Resolution that is the enabling class; the OR says that the state would create conditions to enable the Muslims to organize their lives with the principles and teachings of Islam as set out in the Quran and the Sunnah which are the main sources of guidance and inspiration for the Muslims all over the World.

Now here the OR is talking about the enabling role of the state that the state would facilitate and help and would create such conditions where Muslims will be in a position to lead their lives in accordance to the principles and teachings of Islam. Here the element of question has been excluded, state is not forcing the people but enabling them, this enabling principle whereby you facilitate is in line with the principles of Islam which does not believe in use of coercion and force in the religious domain. Therefore, it becomes the obligation of the state to create positive and helpful conditions and environment.

In addition to this the OR also talks about the minorities, the framers of the resolution were fully conscious that Non-Muslims are also citizens of Pakistan. 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. We have seen in the principles that the resolution also talks about the religious minorities. Those sections which for some reason cannot move along with the other sections of the society and for religious minorities it provides them full freedom to profess and practice their religions. They are free to go to their religious places and to follow their religious practices and in addition to this they were also assured facility to promote their cultures and similarly, the OR shows much concerns about the need to help the backward classes and also depressed classes and what should be their rights and how their rights, interests and religions could be protected. This also reflects one of the primary teachings of Islam, the teachings which emphasize tolerance and which give freedom to Non-Muslims to follow their own religious practices and cultural norms and this principle is clearly reflected in the OR and also in the subsequent constitutions that were made in Pakistan.

Another important principle is related to the federal structure of the govt that Pakistan will be a federal state and where its units and in case of Pakistan its units are called provinces. The constituent units of Pakistani federation will enjoy autonomy and within the defined field the provincial govts or administration of the units of the federation will have power to do and handle their own affairs. The introduction of system of federation was understandable, in a diversified system is more workable and again if we look at the political legacy of Pakistan, if we go back to the period of freedom movement, we will find that during that time the ML was demanding a federal system with autonomy to the provinces. The idea was that if there is a federal system and autonomous provinces then in the provinces where Muslims are in a majority they will be free to handle their own affairs, therefore ML was demanding a federal model with autonomy to the provinces until 1940. It was in 1940 that the ML demanded partition of India and establishment of a separate state.

So, after the attainment of independence it was natural, it was understandable that the Ml and the members of the constituent assembly will go for a federal model with autonomy to the provinces. All the constitutions of Pakistan incorporated this principle, principle of federalism and autonomy for the provinces.

Another important principle of significance and relevance is the emphasis on the protection of Pakistan’s sovereignty and territorial integrity and this is one of the primary functions a govt have to perform because if you can’t protect state sovereignty and if you can’t defend the territory of the state that state disappears. In fact, the security and the protection of its territory is the primary function of any state or any govt of a state, therefore this principle has been incorporated in the Objectives Resolution.

You have seen in this discussion that the OR was carefully prepared and it incorporated certain principles which were to serve as the foundation of the constitutional and the legal and the political structure that was to be created in Pakistan. When the OR was moved in the constituent assembly of Pakistan in March 1949 a no. of non Muslim members who were members of the Congress raised couple of objections.




OBJECTIVE RESOLUTION:

 The objective resolution was the first constitutional documents 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 objective before them that should be acceptable to the people of Pakistn who had suffered a lot under the Hindu-dominated majority. The resolution was moved by Liaquat Ali Khan

The Objectives Resolution was a resolution adopted on March 12, 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 modelled entirely on a European pattern, but on the ideology and democratic faith of Islam.

Objectives resolution

The Objectives Resolution proclaimed the following principles:

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.
The State shall exercise its powers and authority through the chosen representatives of the people.
The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.
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 Quran and Sunnah.
Adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures.
Pakistan shall be a federation.
Fundamental rights shall be guaranteed.
The judiciary shall be independent.
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". However, not everyone in Pakistan has such high praise and unbounded admiration for it. For example, Ayaz Amir, a prominent columnist and member of Pakistan's parliament, has criticized the Constituent Assembly for lavishing attention on this "piece of rhetoric" which was "of no practical benefit to anyone." Even Maulana Maududi was disappointed with the fact that it did not produce any positive results. According to him, it was such a rain which was neither preceded by a gathering of clouds nor was it followed by vegetation.

It is included in the Annex of the current Constitution of Pakistan by virtue of Article 2A of the Constitution.

Annex to the Constitution of Pakistan

[Article 2(A)] The Objectives Resolution

Note: The Objectives Resolution was passed by the Constituent Assembly of Pakistan in March, 1949, and was made a substantive part of the Constitution of Pakistan by P.O (Presidential Order) .No.14 of 1985, Art.2 and Sch.item 2 (with effect from March 2, 1985). See editor's note. on this.

Whereas sovereignty over the entire universe belongs to Allah Almighty alone and 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; This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah; Wherein adequate provision shall be made for the minorities to *[absent in 1985-2010, readded in 2010] freely* profess and practice their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the Judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded; So that the people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.

Objective Resolution:

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 t taught 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.

Importance of Objective Resolution in Constitutional History:

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 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 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 favor 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.


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.


When Liaquat Ali Khan visited America, in the course of his speech 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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