The Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly oI Pakistan. The resolution proclaimed that the Iuture constitution oI Pakistan would not be modeled entirely on a European pattern. The principles oI democracy, Ireedom, equality, tolerance, and social justice enunciated by Islam shall be Iully observed.
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Critical Analysis of the Weakness and Strength of Objective Resolution 1949
The Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly oI Pakistan. The resolution proclaimed that the Iuture constitution oI Pakistan would not be modeled entirely on a European pattern. The principles oI democracy, Ireedom, equality, tolerance, and social justice enunciated by Islam shall be Iully observed.
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The Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly oI Pakistan. The resolution proclaimed that the Iuture constitution oI Pakistan would not be modeled entirely on a European pattern. The principles oI democracy, Ireedom, equality, tolerance, and social justice enunciated by Islam shall be Iully observed.
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Téléchargez comme DOCX, PDF, TXT ou lisez en ligne sur Scribd
Cb[ect|ve keso|ut|on The Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly oI Pakistan. The resolution, proposed by the Prime Minister, Liaquat Ali Khan, proclaimed that the Iuture constitution oI Pakistan would not be modeled entirely on a European pattern, but on the ideology and democratic Iaith oI Islam. The principles oI Objectives Resolution passed by the Constituent Assembly were:
In the name oI Allah ,The BeneIicent , the MerciIul: Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to state oI Pakistan through its people oI being exercised within the limits prescribed by Him is a sacred trust; This Constituent Assembly Representing the people oI Pakistan resolves to Irame a constitution Ior the sovereign independent State oI Pakistan; Wherein the state shall exercise its powers and authority through the chosen representatives oI the people; Wherein the principles oI democracy, Ireedom, equality, tolerance, and social justice enunciated by Islam shall be Iully observed; Wherein the Muslims shall enable to order their lives in the individual and collective spheres in accordance with the teaching and requirements oI Islam as set out in the Holy Quran and the Sunnah; Wherein adequate provision shall be made Ior the minorities Ireely to proIess and practice their religion and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereaIter be included in or accede to Pakistan shall Iorm a Iederation where in the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed Iundamental Rights including equality oI status, oI opportunity and beIore law, social, economic and political justice, and Ireedom oI thought, expression, belieI, Iaith, worship, and association, subject to law and public morality; Wherein adequate provision shall be made to saIeguard to legitimate interests oI minorities and backwards and depressed classes; Wherein the independence oI judiciary shall be Iully secured; Wherein the integrity oI the territories oI the Iederation, its independence and all its rights including its sovereign rights on land, sea, and air shall be saIeguarded; The Objectives Resolution, which combines Ieatures oI both Western and Islamic democracy, is one oI the most important documents in the constitutional history oI Pakistan. At the time it was passed, Liaquat Ali Khan called it "the most important occasion in the liIe oI this country, next in importance only to the achievement oI independence. $trengths of Objective Resolution:
1) Role of the Constituent Assembly in Framing of Constitution:-
In Objective Resolution, it is stated that 'The Constituent Assembly representing the people oI Pakistan resolves to Irame a constitution Ior the sovereign independent state oI Pakistan. which means that, the members oI Constituent Assembly which are the representatives oI the people oI Pakistan will have the power and are responsible to Irame a constitution by keeping the proposals oI the people and Ior the beneIits oI the people oI Pakistan. The role oI Constituent Assembly was according the thinking oI Quaid-e-Azam in Objective Resolution. According his speech which he delivered on 11 th august 1947 he told that 'I sincerely hope that with your support and your co-operation, we shall make this Constituent Assembly an example to the world. The Constituent Assembly has got two main Iunctions to perIorm. The Iirst is the very onerous and responsible task oI Iraming our Iuture constitution oI Pakistan and second oI Iunctioning as a Iull and complete Sovereign Body as the Federal Legislature oI Pakistan.This shows that the Quaid-e-Azam was also in the Iavour oI role oI Constituent Assembly in Iraming oI constitution oI Pakistan.
) ercise of Powers Through Chosen Representatives:-
ln Cb[ecLlve 8esoluLlon lL ls sLaLed LhaL Whereln Lhe sLaLe shall exerclse lLs powers and auLhorlLy Lhrough Lhe chosen represenLaLlves of Lhe people"Accordlng Lo Lhls prlnclple Lhe people of aklsLan wlll choose Lhelr represenLaLlve ln Lhe governmenL Lhrough uemocraLlc way llke elecLlons lL ls noL LhaL anyone can grab power and clalm LhaL Lhe power Lo hls or her uue Lo Cb[ecLlve 8esoluLlon Lhe people of aklsLan have compleLe rlghL Lo choose Lhelr represenLaLlve on whom Lhey have Lhelr sacred LrusL Lhe person who Lhey wanL Lo see ln Lhe governmenL and Lhey belleve LhaL Lhelr represenLaLlve wlll proLecL Lhelr fundamenLal rlghLs Cn !une 14 1948CualdeAzam sald when he was addresslng Lo Lhe mlllLary sLaff college never forgeL LhaL you are Lhe servanLs of Lhe sLaLe ?ou do noL make pollcy lL ls we Lhe people's represenLaLlves who declde how Lhe counLry ls Lo be run ?our [ob ls Lo only obey Lhe declslons of your clvlllan masLers" % undamenta| k|ghts W||| 8e rov|ded
According to the Objective Resolution, the Iundamental right should be guaranteed to everyone i.e. believers oI every religion living in the state oI Pakistan. It means that everyone has the right to live peaceIully, have equal status, opportunities, social and political justice and Ireedom to think .Everyone has also the Ireedom to worship and to live their lives according to the religion and culture. As, Quaid-e-Azam said in his speech which he delivered on 11 th August 1947 You are Iree, you are Iree to go to your temples, you are Iree to go to your mosques or to any other places oI worship in the state oI Pakistan.
) Independence of 1udiciary:-
It is stated in the Objective Resolution that 'Wherein the independence oI judiciary shall be Iully secured. This means that the judiciary will not be controlled by any person, political party and any other power. The judiciary couldn`t be inIluenced by anyone. The judiciary has all rights to take action against the anyone who is Iollowing the law. According to the Objective Resolution, the judiciary is independent because it is their duty to provide cheap and quick justice to the people. In any country, iI justice is not given to their people the country will be ruined.
eak points of Objective Resolution:-
Following are the weak points which are stated in objective resolution:- Wherein the principles oI democracy, Ireedom, equality, tolerance, and social justice enunciated by Islam shall be Iully observed; Wherein the Muslims shall enable to order their lives in the individual and collective spheres in accordance with the teaching and requirements oI Islam as set out in the Holy Quran and the Sunnah; Wherein adequate provision shall be made to saIeguard to legitimate interests oI minorities and backwards and depressed classes; Wherein adequate provision shall be made Ior the minorities Ireely to proIess and practice their religion and develop their cultures;
ln all Lhe polnLs sLaLed above Lhe only Lhlng whlch ls promlnenL LhaL musllms and people who belleve ln oLher rellglons are shown compleLely dlfferenL from each oLher 1hls ls a compleLe conLradlcLlon of CualdeAzam vlslon Accordlng Lo Lhe CualdeAzam vlslon Lhere are no mlnorlLles on Lhe basls of rellglon Cn 11 Lh AugusL 1947 CualdeAzam sald ?ou may belong Lo any rellglon or casLe or creed LhaL has noLhlng Lo do wlLh Lhe buslness of sLaLe" Pe also sald LhaL We are sLarLlng wlLh Lhls lundamenLal prlnclple LhaL we are all clLlzen and equal clLlzens of one SLaLe" uue Lo Lhe clear dlsLlncLlon beLween rellglous ma[orlLles and mlnorlLles Lhe rlghLs of nonmusllms have been sealed uue Lo Lhe prlnclples sLaLed ln ob[ecLlve resoluLlon Lhe provlslons relaLlng Lo musllms belng enabled Lo lead Lhelr llfe accordlng Lo lslam has opposed Lhe concepL of secular sLaLe lf we observe Loday's slLuaLlon we are waLchlng LhaL mlnorlLles have become depressed due Lhls resoluLlon Accordlng Lo Lhls resoluLlon Lhe lslamlc laws are forcely lmposed on Lhe nonmusllms lf durlng CualdeAzam llfe Lhls resoluLlon have been lnLroduced CualdeAzam would never have glven assenL Lo lL because CualdeAzam always wanLed Lo be a secular sLaLe noL a rellglous sLaLe
Conclusion:-
In short Objectives resolution was passed but was not passed by the Non-Muslim members oI assembly and that is a big question mark on Liaquat Ali Khan, his cabinet and other Muslim members oI assembly. They Iailed to satisIy the objections oI Non-Muslims and due to this many controversies started. Pakistan became an Islamic state as theocrats had their wishes IulIilled and the idea oI Jinnah's vision oI a peaceIul liberal democratic Pakistan was buried in history. Objectives resolution was passed but not with majority and that`s why it has been criticized Irom day one to until now.