OBJECTIVE RESOLUTION

Objectives Resolution is one of the most important documents in the constitutional

history of Pakistan. It was passed by the first Constituent Assembly on 12th March 1949
under the leadership of Liaquat Ali Khan. The Objectives Resolution is one of the most
important and illuminating documents in the constitutional history of Pakistan. It laid
down the objectives on which the future constitution of the country was to be based and
it proved to be the foundational stone of the constitutional development in Pakistan. The
most significant thing was that it contained the basic principles of both Islamic political
system and Western Democracy. Its importance can be ascertained from the fact that it
served as preamble for the constitution of 1956, 1962 and 1973 and ultimately became
the part of the Constitution when the Eighth Amendment in the Constitution of 1973 was
passed in 1985.

Objective Resolution was presented in the Constituent Assembly by Liaquat Ali Khan on
March 7, 1949 and was debated for five days by the members from both the treasury
and opposition benches. The resolution was ultimately passed on March 12. Following
were the main features of the Objectives Resolution:

 Sovereignty of the entire Universe belongs to Allah alone

 Authority should be delegated to the State trough its people under the rules set by
Allah
 Constitution of Pakistan should be framed by the Constituent Assembly
 State should exercise its powers through the chosen representatives
 Principles of democracy, freedom, equality, tolerance and social justice, as inshore
by Islam should be followed
 Muslims shall live their lives according the teaching of Quran and Sunnah
 Minorities can freely profess and practice their religion.
 There should be Federal form of government with the maximum autonomy for the
Units
 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 law and public morality should be given to all the
citizens of the state.
 It would be the duty of the state to safeguard the interests of minorities, backward
and depressed classes.
 Independence of judiciary should be guaranteed
 Integrity of the territory and sovereignty of the country was to be safeguarded
 The people of Pakistan may prosper and attain their rightful and honored place
amongst the nations of the world and make their full contribution towards
international peace and progress and happiness of humanity.

Liaquat Ali Khan explained the context of the resolution in his speech delivered in the
Constituent Assembly on March 7, 1949. He termed the passage of the Objectives
Resolution as “the most important occasion in the life of this country, next in importance
only to the achievement of independence.’.

CONSTITUENT ASSEMBLY
The inaugural session of the first constituent assembly of Pakistan was held in Karachi
in August 1947. Mr. J.N. Mandal was elected as temporary chairman of Constituent
Assembly of Pakistan. Subsequently Jinnah was selected as the president of the
Constituent Assembly of Pakistan, on 11th August 1947 and Maulvi Tamizuddin Khan
as its Deputy President. The Constituent Assembly of Pakistan functioned from 1947 to
1954 and involved two major parties—the Muslim League representing all Muslims with
the exception of few and The Congress Party representing the twelve million Hindus in
Pakistan.

There were 69 members in the constituent assembly; this number was increased to 79
later in order to give representation to princely states and refugees. The mode of
elections was on the basis of separate electorates. There was a clear majority of Muslim
League in the Constituent Assembly of Pakistan, with 60 members out of the total 79.
The second major party was Pakistan National Congress with 11 members; and the
third party was Azad Group with 3 members, a number which later decreased to 1. The
Constituent Assembly of Pakistan was not able to work properly because its seats
remained empty and some members migrated to India. Members of Constituent
Assembly of Pakistan were simultaneously allowed to take seats of Provincial assembly
or they can be Chief Ministers or members of Central or Provincial Cabinet.

Under the Indian Independence Act Constituent Assembly of Pakistan was given two
tasks – to prepare a Constitution and to act as the federal legislature. The functions of
central legislature under the Government of India Act 1935 were granted to the
Constituent Assembly. As a constitution making body it was completely independent.
The Constituent Assembly of Pakistan could amend the independence act by a simple
majority and pass laws; moreover, no law could be made without its approval. Every bill
that was passed needed to be signed by the President of Constituent Assembly of
Pakistan.

The progress of the first Constituent Assembly of Pakistan can be summed up as

follows:

12 March 1949 – Objectives Resolution passed by the Constituent Assembly on aims

and objective of future constitution. This report was well received by the citizens of
Pakistan.
7 September 1950 – the interim report of Basic Principles Committee was presented to
the constituent assembly. This step however marked as the beginning of decline in the
popularity of the Constituent Assembly of Pakistan. This report was criticized mainly by
East Pakistan.
6 October 1950 – interim report of the committee on Fundamental Rights of the Citizens
of Pakistan matters relating to Minorities was adopted by Constituent Assembly of
Pakistan. This report got a comparatively better response.
22 December 1952 – the final report of Basic Principles Committee was presented. This
report was also criticized, because of opposition in the Punjab.
7 October 1953 – Constitutional impasse was over and formation of federal legislature
was resolved by the ‘Muhammad Ali Formula’. This report was widely welcomed and
helped the Constituent Assembly regain in popularity.
21 September 1954 – the Basic Principles Committees’ revised Report was approved
by Constituent Assembly of Pakistan.

The final sketch of constitution was prepared and the Constituent Assembly was near to
the completion of its purpose. But at this point the Constituent Assembly was
suspended by the Governor General Ghulam Muhammad, on 24th October 1954. He
stated that the Constituent Assembly had lost the confidence of the people; this ruined
the efforts of the first Constituent Assembly of Pakistan which had been working
towards formulating a viable constitution for seven years.

1973 CONSTITUTION OF PAKISTAN

The constitution of Pakistan 1973 was enforced on 14 th Aug 1973. It consists of 280
articles and 7 schedules with Objective Resolution forming the preamble of the
constitution beside 20 amendments which have been made since then. It is
regarded as the landmark accomplishment of Bhutto’s era as it was a unanimous act
of the parliament with complete consensus of all the political parties. However, many
twists and turns have been witnessed ever since its enforcement but still it is the
supreme law of land and the sacrosanct instrument which reigns supreme in
governance of the state.

A Written Constitution

The Constitution of 1973 is written with a preamble, 280 Article, 6 Schedules and a
few Amendments. Political Usage’s and Traditions are yet to emerge and develop
side by side with the constitution of Pakistan.

Rigid Constitution
The constitution of Pakistan 1973 is rigid because amendment procedure is not
easy. This constitution provides that 2/3 majority of votes of members National
Assembly and Senate, and assent of President of Pakistan are necessary for its
amendment.
Islamic Ideology
The 1973 Constitution of Pakistanis strictly based on Islamic ideology. Article-1 of
the constitution declares Pakistan to be an Islamic polity. The Muslims were advices
to implement the teachings of Quran and Sunnah in the daily life. Islam shall be the
state religion. Besides, the Council of Islamic Ideology it has been made obligatory
for the President and Prime Minister to be Muslim.
National Language and Official Language
In accordance with Article 251 of the present constitution Urdu has been declared as
National Language of Pakistan but the official language is English.
Federal System
According to Article-I of the constitution, Pakistan shall be federal republic to be
known as Islamic Republic or Pakistan. There are two legislative lists - the Federal
List and the Concurrent List. The central government has exclusive right to legislate
on all matters enumerated in the Federal List. As far as the Concurrent List is
concerned, both the central and the provincial governments can make laws on their
subjects, however, in case of conflict the central law will prevail while the other will
stand invalid. The residuary powers are vested in the provincial governments.
Although the provincial autonomy has been ensured but the supremacy of the
federal government has been recognized in various legislative, administrative and
fiscal matters.

Parliamentary Form
The 1973 constitution establishes a parliamentary form of government. The Prime
Minister and the cabinet ministers belong to Parliament and are responsible to it for
their conduct and policies. They remain in office so long as they enjoy the
confidence of the majority members. The Parliament can pass a vote of No-
Confidence against them. The President is the head of State and the Prime Minister
is the head of Government. The President has to act on the advice of Prime Minister.

Republican Form of Government

According to the Constitution, Pakistan shall be an Islamic Republic. The Head of

the State shall be elected by the parliament in a joint sitting for a term of five years.
He may be re-elected for another term also.

Fundamental Rights

The Constitution grants and protects the fundamental rights of the citizens of
Pakistan. They include the right to life, property, profession, liberty of thought and
expression, freedom of association, religion, equality of citizens etc. In case of their
violation, the affected person may go to the Courts for seeking redress of his
grievances.

Bicameral Legislature

The Legislature will Bicameral. The Lower House is called the National Assembly
directly elected by the people on the basis of one man one vote for a term of 5
years. The upper House is called the Senate elected by the Provincial Assemblies
on the basis of Proportional Representation. The National Assembly is subject to
dissolution but not the Senate.

Independence of Judiciary

Although the members of the judiciary are appointed by the president yet the powers
to remove them from their offices have not been given to him for ensuring
independence of judiciary. The judges can be removed by the president only when
the Supreme Judicial Council of Pakistan so advises him. The Constitution also
provides independence of the judiciary from the Executive

Final Analysis
To conclude that the 1973 constitution of Islamic Republic of Pakistan is a
democratic state, parliamentary with bicameral legislature in its nature. It is the
constitution of elected people. All major political parties of Pakistan unanimously
accepted it. Minorities also have safeguard and fundamental rights in such
constitution.