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Pakistan Studies
By Muhammad Anwar Farooq
Lecture # 9

Welcome

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Constitutional Development in Pakistan

 Pakistan – An Islamic welfare state
 Constitution – According to Islam
 Islamic System of Governance
 Society – on the basis of equality
 Efforts to develop an Islamic
Constitution

The Objective Resolution - 1949

 First temporary constitution was Government of India Act 1935 with ammendments
 The Objectives Resolution was the first constitutional document that proved to be
the ‘foundation’ of the constitutional developments in Pakistan. It provided
parameters and sublime principles to the legislators.
 The first Constituent Assembly came into existence under Indian Independence Act
1947 and Quaid-e-Azam was its first president.
 To prepare constitution for Pakistan in accordance with principles of Islam. First
step was taken by Liaqat Ali Khan.
 The Resolution was moved by Liaquat Ali Khan, the then Prime Minister of the
Islamic Republic of Pakistan, and approved on March 12, 1949.

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Features of Objective Resolution

 Sovereignty over the entire universe belongs to
Almighty Allah alone.
 The authority which He has delegated to the state of
Pakistan through its people for being exercised
within the limits prescribed by Him is a sacred
trust.
 Constitution will be framed for sovereign,
independent state of Pakistan.
 The state shall exercise its power through the
representatives of the people.
 Principles of Democracy, freedom, equality,
tolerance and social justice as enunciated by Islam
will be fully observed.

Features of Objective Resolution …

 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 to have freedom to freely profess and
practice their religions and develop their cultures.
 Provisions for safeguarding the legitimate interests of
minorities, backward and depressed classes.
 Pakistan shall be a Federation with autonomous units.
State’s sovereignty and territorial integrity will be
protected.
 People of Pakistan should prosper and attain their
rightful place in the comity of nations and make
contribution towards international peace and progress
and happiness of humanity.

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Importance of Objective Resolution

 Domination of Quran & Sunnah
 A Guarantee of Social Justice
 Opposing the theocracy
 As Foreword in constitution of Pakistan
 An Example of Religious Tolerance
 The termination of possibilities of secular
Pakistan
 Islamic Provision in all constitutions of
Pakistan

The Basic Principles Committee

 Established on 12th of March 1949
 Four Sub Committees and One Islamic Board
 First Report of BPC was presented in 1950
 The Objectives Resolution to be included in the Constitution as the directive principles.
 Legislature: Two houses of the parliament. Upper: (House of Units) Equal representation
for the units Lower: (House of People) On the basis of Population. Both the Houses
would enjoy the equal powers.
 The Head of State elected by joint session would be for five years (Two terms only).
President had discretionary and emergency, appointment and other powers. President was
not answerable to anyone, might be a Muslim or non-Muslim, would be assisted by the
Prime Minister (PM) and Cabinet that would be answerable to the constitutient Assembly.
Parliament may impeach him by 2/3 majority. He was given the power to abrogate the
constitution.
 Cabinet responsible to both the Houses.
 No mention of national language
 Second Report was presented in 1952 and third report was presented in 1953

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Second Constituent Assembly and Constitution of 1956

 First Constituent Assembly was dissolved by Ghulam
Muhammad on 24th of December 1954.
 Second CA was established on 23rd June, 1955 with 80
members
 It was difficult to decide weightage of provinces. So Prime
Minister Muhammad Ali announced one unit in 1955. Four
provinces of Sindh, Punjab, Ba.lochistan and NWFP were
merged into one unit (West Pakistan).
 Law Minister (I.I. Chundrigar) proposed a draft of
constitution on 9th of January 1956 in constituent assembly
and it was approved on 29th of Feburary 1956. This
constitution was implemented on 23rd of March 1956.

Malik Ghulam Muhammad

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Q&A

Thank You