The Objectives Resolution (1949)

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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 Resolution was moved by Liaquat Ali Khan, the then Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949.

The Constituent Assembly (1947-54)

First, we will take up the first aspect that is the Constituent Assembly of Pakistan. We are briefly talking about the Constituent Assembly of Pakistan because it was this first constituent Assembly of Pakistan that passed the OR of March 1949. 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. The Constituent Assembly held its first meeting on 9th, December 1946. The ML did not participate in the elections because it demanded separate Constituent Assembly for Pakistan.

When Indian Independence Act came in July, 1947 in the light of the June 3rd Plan, the First Constituent Assembly came into existence; it comprised the members of the old Constituent Assembly from the Districts that became part of Pakistan. Originally there were 69 members but later on 10 more members were gradually inducted in order to provide representation to the princely states that had exceeded to Pakistan and also to people who had migrated to Pakistan from India. So its strength went up to 79 but actually it was less than that because some members’ dies and some members left for India so its actual strength went down slightly from 79. In this Constituent Assembly there were two major political parties, The ML which had led the movement for the establishment for Pakistan. The other major party although much smaller than the ML was the Congress party and its members were from East Pakistan at that time. There were also couple of other members who were not part of ML, however these two political parties were significant especially the ML.

Functions of the Assembly:

This constituent assembly performed two functions, the first function was constitution making, so it would at that time act as the constituent assembly,

And the 2nd function which it performed was Law Making which means that it would also make ordinary laws for the state of Pakistan,

So in other words it was performing 2 functions constitution making when it was called as constituent assembly and when it is performing the function of law making then it was called as the legislative assembly but the title was the Constituent Assembly of Pakistan. It is this Constituent Assembly that passed the OR that we are going to discuss very soon.

The first constituent assembly of Pakistan that came into existence at the time of Independence in August 1947 lasted until October 1954. In October 1954 the first constituent assembly was dissolved. So the first constituent assembly of Pakistan remained in office for little over seven years. This 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.

The OR was moved by Liaquat Al Khan who was the PM of Pakistan at that time and the constituent assembly debated this resolution in at least five sessions. They deliberated this in great details on all clauses and provisions and on March 12, 1949 this OR was adopted by the constituent assembly of Pakistan.

The objective resolution:

Features:

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 Pakistan through 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.

Comments

These 11 principles are in brief principles of the OR and these serve 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 that is to say that the Pakistani polity or the Pakistan political system was to move in the direction of achieving those goals outlined in the Objective Resolution. You can say the same thing in other words that the constitution that was to be framed by the constituent assembly was to reflect the principles outlined in the Objective Resolution.

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 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 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.

Objections by Non-Muslims

In fact, these were the fears that they had in their minds 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 OR was trying to mix the religion and politics that was against the spirit of democracy and from their perspective that needed to be separated. Actually, this is what happened in the Europe but that does not mean that it should happen everywhere. In case of Islam you cannot really draw clear lines between the two domains as describe by the European political thinkers that the state and the religion and here in this case Pakistan and the Islam. 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 census 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. The framers of this resolution were not talking about theocratic or religious state. The authority was to be exercised through the representatives not through a particular class and the only limit was that those representatives had to exercise that authority within the limits prescribed by Allah in the Quran and the Sunnah and this job of exercising power was a sacred responsibility and it was a trust. Otherwise people could elect anybody and they could exercise that authority within certain parameters. 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. ’Theocratic is basically mean where a particular class of people can rule the state in the name of religion or the priesthood or the religious scholars would rule and that kind of notion does not exist in Islam. Therefore, when Liaquat Ali Khan and other people were talking about the Islamic state or a state based on the Islamic principles, they were not talking about a theocratic state. In fact, Liaquat Ali Khan and others who were in the constituent assembly repeatedly said that Pakistan is not going to be a theocratic state but it is going to be a modern democratic state which work within the limits prescribed by God Almighty who is the ultimate source of authority and ultimate source of power, power ultimately belongs to Allah not to a particular class, section or group of people, who so ever exercises power is exercising as a responsibility.

Importance

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 due to its importance. And during the period of General Zia-ul-Haq OR was incorporated in the constitution of Pakistan as the article 2-A.

120 comments:

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add some headings

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A Wonderful and helpful Job for students of Law and Legislation as well as for students of Pakistan studies

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It is a great help. Plz add more headings for easy understanding and learning. Thank u

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Mohammad Aatif Alvi said...

It is very informative and detailed perview of Objective Resolution which is the Magna Carta of Pakistan Constituitional developments.

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