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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
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
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
The OR was moved by Liaquat Al Khan who was the PM of
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
The constitution:
3. The Constitution will be framed for sovereign, independent state of
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.
State’s sovereignty:
10. State’s sovereignty and territorial integrity will be protected.
International norms:
11. People of
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
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
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
Another important principle is related to the federal structure of the govt that
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
Another important principle of significance and relevance is the emphasis on the protection of
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
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
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
132 comments:
well its great info,thanks alot
thhankss
add some headings
its good but too lengthy
it is good but it should be short and conceptual.thanks
A Wonderful and helpful Job for students of Law and Legislation as well as for students of Pakistan studies
i want aims n obtives
It is a great help. Plz add more headings for easy understanding and learning. Thank u
good and keep it up
This is really helpful. God bless you. Please keep it up!
this info helped me alot ...:)
It is very informative and detailed perview of Objective Resolution which is the Magna Carta of Pakistan Constituitional developments.
If you would put shit under microscope you would find cellular structure . . .It would look more interesting and useful . . .but would still be shit .
good but 2 long
it is very beneficial for all pakistan studies and laws'students...thanks
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We only take one side that it was approved by majority but in reality there were many Hindu leaders who appose the Objective Resolution like Prem hari,Sris Chandra Chattophadaya,Chandra Mandal and many others and the only Muslims who appose the resolution was Main Iftikharudin before making any opinion we should read the opposition as well who apposed the resolution.
We only take one side that it was approved by majority but in reality there were many Hindu leaders who appose the Objective Resolution like Prem hari,Sris Chandra Chattophadaya,Chandra Mandal and many others and the only Muslims who appose the resolution was Main Iftikharudin before making any opinion we should read the opposition as well who apposed the resolution.
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