Sunday, June 10, 2012

Objective Resolution:

OBJECTIVE
RESOLUTION
BACKGROUND: The objective
resolution is a brief document but its
significance is realised if its
background and the acute
controversies it successfully resolved
are taken into account. It attempted
to reconcile conflicting viewpoints by
affirming that ''the sovereignty over
the entire universe belongs to Almighty
Allah alone'' but followed up by
reffering to ''the Sovereign
Independent state of Pakistan'' and
stipulated that the authority ''within
the limits precribed by him'' was to be
excercised by the people of Pakistan.
Limitations on the power of legislature
were few. They related to the future,
alone and excluded only those laws
which were definitely ''repugnant to
the Quran and Sunnah''. They left a
vast field in fact the main field of
modern legislative activity to be
operated in accordance with the
traditions and requirements of the
Muslim community and according to
sound, healthy principles of Islamic
Law, under the sovereign authority of
the Legislature.
OBJECTIVE RESOLUTION: The full
text of Objective Resolution was as
follows:
1. ''Whereas the Sovereignty over the
entire universe belongs to Allah
Almighty and the authority he has
delegated to state of Pakistan through
its people for being exercised within
the limits precribed by Him is a sacred
trust''.
2. ''Wherein the principles of
democracy, freedom, equality,
tolerance and social justice as
enuciated by Islam shall be fully
observed''.
3. ''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 Quran and the Sunnah''.
4. ''Wherein the adequate provisions
shall be made for the minorities freely
to profess and practice their religions
and develop their cultures''.
5. ''Whereby the territories now
included in our accession with Pakistan
and such territories as many hereafter
be included in or accede to Pakistan
shall form a federation wherein the
units will be autonomous with such
boundaries and limitations and
authority as may be precribed''.
6. ''Wherein there should be
guaranteed fundamental rights
including equality of status of
opportunity before law, social,
economic and political justice and
freedom of though, expression, belief,
faith, worship and association subject
of law and public morality''.
7. ''Wherein public provisions shall be
made to safeguard the legitimate
interest of minorities and backward
and depressed classes''.
8. ''Wherein the independence of
judiciary shall be fully scured''.
9. ''Wherein the integrity of the
territories of the federation its
independence and all its rights
includijng its soverign right on land, sea
and air shall be safeguarded''.
CONCLUSION : From the study of
Objective resolution it appears that
the entire approach of the Objective
Resolution was that while Pakistan
should be a progressive modern state
and not a theocratic medieval
government like former Saudi arabia
or Yaman, yet every attempt should
be made to translate the people's
dream of an Islamic social order into
action. The constitution of 1956 and
following it the constitution of 1962
and 1973 maintain the same
approach.
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The Constitution of 1973:

The Constitution of 1973 Pakistan
On April 17 , 1972 the National
Assembly of Pakistan Appointed a
Committee of 25 members to Prepare
a draft of the Permanent Constitution
of Pakistan . Mahmud Ali Kasuri was
Elected Chairman of the Committee.
On Octobor 20 , 1972, The Draft bill
for the Constitution of the Islamic
Republic of Pakistan was signed by all
the Leaders of the Parliamentary
Groups in the National Assembly . The
Draft bill of the Constitution
incorporated the suggestions of the
opposition also . A bill to provide a
Constitution of the Islamic Republic of
Pakistan waas Introduced in the
National Assembly on April 10 , 1973
and Endorsed by President Zulfiqar Ali
Bhutto , on April 12 , 1973. The
Constitution was Promulgated on
August 14, 1973 . It Consist of a Pre-
amble , 280 Articles and Six
Schedules .
SALIENT FEATURES OF THE
CONSTITUTION OF 1973 :
ISLAMIC PROVISIONS : Pakistan was
named as " Islamic Republic of
Pakistan ". Only a Muslim should be
Appointed as the President or the
Prime Minister of Pakistan . No Law
has to be Passed against the
Injuctions of the Holy Quran and
Sunnah and the Existing laws to be
made Islamic in Character . Islam was
Declared as the Religion of the State .
PRINCIPLES OF POLICY : The
Principles of Policy Intended Islamic
way of Life , Promotion of the
Institution of Local Government , Full
participation of women in National
Life , Protection of Minorities ,
Prommotion of social and Economic
well being of the People , and
Strengthening the bonds with the
Muslim World .
FUNDAMENTAL POLICY : Under the
Constitution the Fundamental rights
included security of Person ,
Safeguards as to Arrest and
Detention , Prohibition of Slavery and
Forced Labor , Protection against
Double Punishment , Freedom of
Speech , Freedom of Movement ,
Freedom of Associations , Freedom to
Profess religion and Safeguards as the
Religious Institutions, non
Discrimination of access to Public
Places and in service preservation of
Language , Script and Culture .
The President Must be a Muslim
and Not less than 45 Years of Age
elected by the Members of the
Parliament . The Turn of Office of the
President should be 5 Years . He can
be Impeached by the Parliament . He
could issue Ordinances when the
Parliament is not in Session .
FEDERATION AND PROVINCES :
Parliament had Exclusive power to
make Laws in respect to Federal make
the Laws in Respect of Federal
Lagislature . Both Parliament and
Provincial Assemblies had Power To
make laws in Respect of Subject in
the Current List .
NATIONAL FINANCE
COMMISSION : Under the
Constitution of 1973 a National
Finance Commission was set up
consisting of Federal and Provincial
Finance Ministers and other Members
to advice on Distribution of Reserves
Between the Centre and the
Provinces .
JUDICIARY : Under the Constitution
of 1973 the Judiciary enjoyed a Full
Supremacy over the other two Organs
of the State .
NATIONAL LANGUAGE : Urdu was
declared sole Nation Language of
Islamic Republic of Pakistan .
ISLAMIC PROVISIONS OF THE
CONSTITUTION OF 1973 :
1 . That Pakistan Shall be known as the
Islamic Republic of Pakistan .
2 . The President and the Prime
Minister must be Muslims . Beside the
President and the Prime Minister , all
federal and Provincial Minister Shall
declare to Protect Islamic Ideology at
the Time of Taking Oath .
3 . The State shall Endeavor , as
Repects of the Muslims of Paksitan :
[a] To make the teaching of Quran and
Islamiat Compulsory , to Encourage
and Facilitate the learning of Arabic
Language and to secure correct and
Exact Printing of the Holy Quran .
[b] To Promote unity and the
observance of the Islamic Moral
Standards .[
[c] To secure Proper organisation of
Zakar , Ushr , Auqaf and the Mosques.
4 . All existing Laws shall be Brought in
the Conformity with the Injunctions of
Islam, and no Laws shall be enacted
which is Repugnant to Such
Injunctions .
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