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Lecture_16 · PAK301 · The Objectives Resolution (1949)

The Objectives Resolution was the first constitutional document that proved to be the ‘foundation’ of the constitutional developments in Pakistan The Resolution was moved by Liaquat Ali Khan Then Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949.

The Constituent Assembly (1947-54)

The first Constituent Assembly came into existence under Indian Independence oct 1947 The elections were held in July 1946 to decide the destiny of the All India Muslim League (AIML)’s The number of such members was 69. It increased to 79 after the 1947 when some states joined Pakistan and then increase in the population. There were two major parties, Muslim League and Congress in the Assembly at that time.

Features of the Objectives Resolution

1. Sovereignty khudmuhtari over the entire universe belongs to Almighty Allah alone.
2. The authority which He has delegated numainda to the state of Pakistan through its people for being exercised within the limits prescribed tajviz kardah by Him is a sacred mukadas trust
3. Constitution will be framed kuch banana for sovereign khudmuhtari, independent state of Pakistan.
4. The state shall exercise its power through the representatives of the people,
5. Principles of Democracy jamhuriyat, freedom azaadi, equality barabari, tolerance bardasht and social justice samaji insaaf as enunciated bolny ka amal by Islam will be fully observed.
6. Muslims shall be enabled to organize bayan karna their lives in accordance with the teachings and requirements of Islam as set out in the Quran and the Sunnah
7. Minorities to have freedom to freely profess alaan and practice amal karna their religions and develop their cultures.
8. Provisions mohaiya krna for safeguarding hifazat krna the legitimate Qanuni interests of minorities, backward and depressed nichali aur afsurda classes.
9. Pakistan shall be a Federation wifaqi jamaat with autonomous khudmuhataar units. State’s sovereignty khudmuhataar and territorial integrity zilay yan sobay will be protected.
10. People of Pakistan should prosper khushhali and attain their rightful place in the comity of nations and make contribution towards international peace and progress and happiness of humanity.

Explanation and Importance

The Resolution declared Karar dena the sovereignty khudmuhataar of God as the distinctive mahsoos political philosophy falsafa The Western democracy jamhuriyat gives the notion khayaal that sovereignty khudmuhataar lies in the people but this Resolution karaardar is important having the concept of the sovereignty khudmuhataar of God. It clarified waziyah that people would utilize istamaal powers gifted by God so they would have to work within the limits prescribed tajweez krda by Him. The exercise of the powers is a sacred mukadaas trust. The representatives of the people of Pakistan will manage the affairs muhabat k taluk under the universal ideology of democracy jamhuriyat, freedom azadi, equality barabari, tolerance bardashat, and social justice muashi haq with the spirit jazba of an Islamic framework. The Resolution pledged wada karna to give the due respect izat and rights hakook to the minorities akliyatain, backward pichaly and depressed afsurda classes in the benign meharbaan society of Pakistan. Their rights, interests, religion and culture were not confuted lajawab.

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Constitutional Issues

1. The Government of India Act (1935) was modified tabdeel krna and promulgated bayaan krna in the newly state of Pakistan
2. The elected members in the 1946 elections made the first Constituent Assembly that faced grievous takleef dah circumstances halaat.

Major Issues

1. Federalism wafakiyat
2. Representation bayan krna
3. Separate or Joint Electorate alag yan mushtarik intahab halky
4. The National Language Issue komi zubaan ka masla
5. Parliamentary or Presidential system party k yan sadarat ka nazam
6. The Islamic or Secular State islami aur dunyavi rayastain

Federalism

The main was that Pakistan consisted of two territorial alakai parts, East Pakistan (with more population, less territory but administratively one unit) West Pakistan (administratively 4 units).

Representation

To have a Standard Formula for the representation of units and population the Constituent Assembly (CA) formed a Basic Principle Committee (BPC) on March 12, 1949.

o This committee presented its first report on 28th September 1950 o The lower house was to be elected on the basis of POPULATION o The upper house was to be elected on the basis of equal representation for all o No mention of National Language was made.

o BPC presented its final report on 22nd December 1952. o According to this report two Houses of the Parliament will enjoy the equal status and powers. o It proposed equal representation to East and West wing.

One Unit of West Pakistan October 1955

o One Unit of West Pakistan was established on 14th October 1955. o The provinces of Punjab, Sindh, NWFP and Baluchistan would be amalgamated ik hona in one unit to establish parity between the two parts of the country.

Separate or Joint Electorate

Separate electorate was adopted on the demand of Muslims in 1909 by the British Government. East: decided for Joint Electorate West: Separate electorate. 1957: Joint Electorate was adopted for all Pakistan by the National Assembly.

The National Language Issue

In 1948 Jinnah declared that Urdu would be the national language but provinces could use their languages Language Movement started in East Pakistan February, 1952. Two-language formula was adopted in 1954 Since 1973 Urdu was adopted as national language along with the support for development of regional languages.

Parliamentary or Presidential

Supporters of Presidential system became dominant after the 1958 military takeover The 1962 Constitution was a Presidential constitution

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The modified Government of India Act (1935) became the Interim Constitution of Pakistan in 1947. The first meeting of the CA was held on August 11, 1947 at Karachi. The Basic Principles Committee (BPC) consisting of 24 members was made to work for the constitutional powers.

Upper: (House of Units) Equal representation for the units Lower: (House of People) On the basis of Population. The Head of State elected by joint session would be for five years Parliament may impeach iytaraaz karna him by 2/3 majority No mention of national language

Head of State would be Muslim and no change in powers Equal representation to East and West wings:

o UH (Upper House) 60, 60

o LH (Lower House) 200, 200

Silent on national language

Third Report: Muhammad Ali Formula October 1953

Upper House: Equal representation to all five units Lower House: More representation to Eastern part While in joint session, both wings had equal representation: Upper House East Pak 10, West Pak 40 Lower House East Pak 165, West Pak 135 Joint Session East Pak 175, West Pak 175