Table of Contents
Introduction to Objective Resolution 1949:
The objectives resolution is mentioned in the preamble of the 1973 Constitution of the Islamic Republic of Pakistan. But it was not a substantive part of the Constitutional law. That’s why an amendment was made and Article 2-A came into existence. And it made the objectives resolution a substantive part of the Constitutional law. It is an important document in the Constitutional history of Pakistan. It was moved by Khan Liaqat Ali Khan. The Objective Resolution 1949 combines the important characteristics of Western and Islamic democracy.
In addition to these, It was on March 12, 1949, the Constituent Assembly of Pakistan passed, an extraordinary resolution, called, the Objectives Resolution. By the time, Maulvi Tamiz ud din was the Speaker of the Constituent Assembly, Khawaja Nazim-ud-din the Governor-General and Mr. Liaquat Ali Khan was the Prime Minister of the Country. It is regarded as the first milestone in the Constitutional history of Pakistan. It was through this resolution the ideology of Pakistan was safeguarded constitutionally.
Main Principles of Objective Resolution 1949:
The following are the main principles of the Objective Resolution 1949:
1. Sovereignty:
The 1st part of the preamble of the 1973 Constitution says that Sovereignty over the entire universe belongs to Almighty Allah alone. The preamble which is an objective resolution further says that it is the will of the people of Pakistan to establish an order.
2. Exercise of Authority:
The objective resolution says that the authority will be exercised by the people of Pakistan within the limits prescribed by Allah. This authority is a sacred trust.
3. Exercise of Authority by Chosen Representatives:
The objective resolution says that the state shall exercise its powers and authority through the chosen representatives of the people.
4. Principles as enunciated by Islam:
The Objective Resolution 1949 also provides principles as given by Islam. It further says that the following principles shall be fully observed:-
- The Principle of Democracy in Islam
- The principle of freedom as given by Islam
- The principle of equality as given by Islam
- The principle of tolerance as given by Islam
- The principle of social justice as given by Islam
5. Muslims to Live according to Islam:
The Objective Resolutions 1949 further says that the Muslims of Pakistan shall be enabled to live, individually as well as collectively, according to the teachings and requirements of Islam as given in the Holy Quran and Sunnah
6. Protection of Religious Minorities:
The Objective Resolution 1949 ensures the protection of religious minorities. It says that adequate provision shall be made for religious minorities to profess and practice their religion freely. Furthermore, it says that religious minorities living in Pakistan can also develop their culture.
7. Territories of Pakistan:
The objective resolution also provides the territories of Pakistan. The following territories are included in Pakistan:-
- The Punjab,
- The Sindh
- The Khyber PakhtunKhwa (KPK) Or (The N.W.F.P)
- The Balochistan
All these territories and other territories shall, as be included or acceded to Pakistan, form a Federation. Hence, the units in the Federation shall be autonomous with such boundaries and limitations on their powers as may be prescribed.
8. Fundamental Rights:
The Objectives Resolution 1949 guarantees fundamental rights. Some of the guaranteed fundamental rights are as follows:-
- Equality of status before the law
- Equality of opportunity before the law
- Social-economic and political justice
- Freedom of thought, expression, belief, faith, worship, and association
- Protection against arrest and detention
9. Independence of Judiciary:
The objective resolution 1949 also provides that the independence of the judiciary shall be secured fully. A difficult procedure has been provided for the removal of judges. The judiciary in Pakistan also exercises judicial review.
10. Pakistan is a Democratic State:
The objective resolution 1949 says that Pakistan shall be a democratic state. The objective resolution 1949 says that the people of Pakistan have declared that Pakistan would be a democratic state based on Islamic principles.
11. Preservation of Democracy:
The people of Pakistan would also preserve democracy as enunciated by Islam.
12. Safeguarding the integrity of Pakistan:
The objective resolution 1949 says that the integrity of the territories of the Federation shall be safeguarded. The independence of the Federation shall be safeguarded. The rights of the Federation, including its sovereign rights on land, and sea shall be safeguarded.
In conclusion, the first constituent Assembly of Pakistan passed the Objective Resolution in March 1949. The Constitution of 1956 and the Constitution of 1962 also adopted Objective Resolution as the preamble. The 1973 Constitution also adopted it as the preamble. But through an amendment in 1985, it became an operative part of the Constitution in Article 2(A).