OBJECTIVE
RESOLUTION AND
SIGNIFICANCE
MISS FOUZIA IMTIAZ
BACK GROUND
Pakistan came to existence on 14 August 1947 as a new and independent state.
Under the section 8 of the Indian independence act 1947 the government of India act 1935 with certain adaptation became the
working/interim constitution of Pakistan.
The interim constitution was supposed to stay till a new constitution was framed by the constituent assembly of Pakistan.
A new constitution was needed since the 1935 act did not contain necessary element required for a constitutional government of
an independent state.
First constituent assembly of Pakistan was formed on 1o August 1947 in Karachi.
Quaid e Azam was elected as first president of the first constituent assembly on 11 August 1947. he delivered his memorable
presidential address. Which is considered one of the most important speech in which he clearly outlined the ideal and concept of
Pakistan, its constitutional structure , hopes and aspirations of its people.
CON……………………………………..
Two main function of constituent assembly were:
1. Framing the future constitution
2. Its functioning as a sovereign body being the federal legislature of Pakistan/ federal legislative assembly of
Pakistan.
• The first crucial step toward the framing of a constitution was taken by the constituent assembly in March
1949. It passed a resolution known as objective resolution. It laid the foundation of the constitution and
indicated the broad outlines of its structure.
• On 7 March 1949 Resolution was moved by then Prime Minister Liaquat Ali khan and leading member of the
cabinet and the opposition participated in debate over objective resolution. Liaquat Ali khan explained its
concept and spirit behind it. Non Muslim member of assembly such as Prem Hari Barma, Chandra
Chatopadgha opposed it.
• Debate over objective resolution continued for 5 days.
• After winding up the debates resolution was passed on 12 march 1947.
• Liaquat Ali khan described passing of objective resolution as the most important occasion in the life of
Pakistan next in importance only to the achievement of independence.
SOVEREIGNTY OF ALLAH
SOVEREIGNTY OF THE ENTIRE UNIVERSE BELONGS TO ALLAH ALMIGHTY ALONE, BUT HE HAS DELEGATED IT TO THE STATE OF PAKISTAN,
AND THROUGH ITS PEOPLE TO BE EXERCISED AS
SACRED TRUST WITHIN THE LIMITS IMPOSED BY HIM.
ISLAMIC DEMOCRACY
AUTHORITY SHOULD BE DELEGATED TO THE STATE THROUGH ITS PEOPLE UNDER THE RULES SET BY ALLAH.
THE CONSTITUTION OF PAKISTAN SHOULD BE FRAMED BY THE CONSTITUENT ASSEMBLY.
THE STATE SHOULD EXERCISE ITS POWERS THROUGH THE CHOSEN REPRESENTATIVES.
ISLAMIC PRINCIPALS:
PRINCIPLES OF DEMOCRACY, FREEDOM, EQUALITY, TOLERANCE, AND SOCIAL JUSTICE, AS INSHORE BY ISLAM SHOULD BE FOLLOWED.
ISLAMIC WAY OF LIVING:
MUSLIMS SHALL LIVE THEIR LIVES ACCORDING TO THE TEACHING OF THE QURAN AND SUNNAH.
PROTECTION OF MINORITIES:
MINORITIES CAN FREELY PROFESS AND PRACTICE THEIR RELIGION..
FEDERAL FORM OF GOVERNMENT:
THERE SHOULD BE A FEDERAL FORM OF GOVERNMENT WITH THE MAXIMUM AUTONOMY FOR THE UNITS.
FUNDAMENTAL RIGHTS:
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 THE LAW AND PUBLIC MORALITY SHOULD BE GIVEN
TO ALL THE CITIZENS OF THE STATE.
STATE DUTIES TOWARD BACKWARD CLASS:
IT WOULD BE THE DUTY OF THE STATE TO SAFEGUARD THE INTERESTS OF MINORITIES, BACKWARD AND DEPRESSED CLASSES.
INDEPENDENT JUDICIARY:
INDEPENDENCE OF JUDICIARY SHOULD BE GUARANTEED.
PROTECTION OF BOUNDARIES
THE INTEGRITY OF THE TERRITORY AND SOVEREIGNTY OF THE COUNTRY WAS TO BE SAFEGUARDED.
FOREIGN POLICY:
THE PEOPLE OF PAKISTAN MAY PROSPER AND ATTAIN THEIR RIGHTFUL AND HONOURED PLACE AMONGST THE NATIONS OF THE WORLD AND MAKE
THEIR FULL CONTRIBUTION TOWARDS INTERNATIONAL PEACE AND PROGRESS AND HAPPINESS OF HUMANITY.
CON………………………
After passing the objective resolution constituent assembly setup different
committees and sub committees to work out the details of the constitution on the
principal as laid down in the objective resolution such as Basic Principal committee.
Significance
Constitutional foundation:
It served as the first constitutional document to outline the basic principles and
parameters for the creation of future constitutions in Pakistan.
Ideological anchor:
It provided the ideological and foundational character of Pakistan, asserting that the
state's authority is a sacred trust from God to be exercised according to Islamic
principle
Foundation of Islamic governess:
Allah is the ultimate sovereign and the people of Pakistan will act as trustee.
This was a shift from secular sovereignty to divine sovereignty which was the
base of Pakistan ideology. It is blend of Islam and democracy.
Future constitution would not be made entirely on western ideology but on
CON……………………………………….
Democratic governance:
It established a framework for an Islamic democratic form of government, where the
people exercise political authority through their elected representatives.
Protection of minorities:
It included provisions to protect the rights of religious minorities, ensuring they could
freely practice their religions
National unity:
It aimed to foster national cohesion and solidarity by reminding citizens of their shared
values and ideals.
Blue print for future constitutions:
It was the blue print for future constitution served as guiding principals for all future
constitution(1956, 1962, and 1973).
Preamble to constitutions:
It was adopted as the preamble to Pakistan's constitutions of 1956, 1962, and 1973, and
its principles are directly incorporated into the 1973 Constitution as Article 2A and
becoming force of law rather than just being a guiding principles.
Established key institutions:
CON…………………………………
Protected Minority Rights:
It mandated that adequate provisions be made for minorities to freely profess and practice their
religion and develop their cultures and protected their rights.
Rejected Secularism:
Objective Resolution rejected the different concepts of secularism in the country
which were present at that time and clarified that Pakistan will be an Islamic
State.
Impact of objective resolution on future constitutions:
The Objectives Resolution of 1949 has had a profound and lasting impact on the
constitution-making process in Pakistan, serving as the foundational document
that guides and shapes the country legal and political identity. It influenced all
subsequent constitutions, establishing the guiding principles and priorities for
future constitutions.
Defining Pakistan's ideological framework:
Balancing Islam and democracy: The Objectives Resolution sought to bridge
the gap between Islamic ideals and modern democratic principles. It proclaimed
CON………………………………………………….
Guaranteeing minority rights: The resolution guaranteed fundamental rights for all
citizens, including minorities, allowing them to freely practice their religions and
develop their cultures. This provision was included to allay fears that Pakistan would
become a theocratic state. However, the later insertion of Article 2A into the 1973
Constitution caused constitutional inconsistencies and raised concerns about minority
rights and equality.
Establishing an Islamic identity: It served as the preamble to the 1956, 1962, and
1973 constitutions, ensuring the state's Islamic character was maintained. This included
requiring the President to be a Muslim and declaring Islam as the state religion in the
1973 constitution.
Guiding constitutional structures:
Federalism: The resolution established the principle that Pakistan would be a
federation with autonomous units, which has remained a key feature of all
subsequent constitutions.
Parliamentary system: It called for a parliamentary form of government,
with power exercised by representatives chosen by the people.
OPERATIONALIZING THE OBJECTIVES RESOLUTION
PREAMBLE TO SUBSTANTIVE LAW: FOR MANY YEARS, THE OBJECTIVES RESOLUTION FUNCTIONED AS A PREAMBLE TO PAKISTAN'S CONSTITUTIONS, OFFERING A FOUNDATIONAL PHILOSOPHY.
INCORPORATION THROUGH ARTICLE 2A: THE MOST SIGNIFICANT TRANSFORMATION OCCURRED IN 1985 WITH THE EIGHTH AMENDMENT TO THE 1973 CONSTITUTION, WHICH INSERTED
ARTICLE 2A. THIS ARTICLE MADE THE OBJECTIVES RESOLUTION A SUBSTANTIVE AND ENFORCEABLE PART OF THE CONSTITUTION, OPERATIONALIZING ITS PRINCIPLES.
JUDICIAL INTERPRETATION: THE INSERTION OF ARTICLE 2A HAS LED TO JUDICIAL INTERPRETATION, WITH SOME COURT DECISIONS RELYING ON THE OBJECTIVES RESOLUTION TO DEFINE THE
CONSTITUTIONAL AND MORAL BASIS FOR CERTAIN LAWS, SOMETIMES OVERRIDING LEGISLATIVE INTENT.