2020

SUBJECT: POLITICAL HISTORY

DEPARTMENT: PAK STUDIES
SUBMITTED TO: MS. IQRA
SUBMITTED BY: SHAMA BIBI

SBK WOMEN’S UNIVERSITY BALOCHISTAN

Contents
Introduction ..................................................................................................................................... 2
History & Background .................................................................................................................... 2
Objective Resolution ....................................................................................................................... 2
Mr. Bhupendra Kumar Datta .......................................................................................................... 3
Dr. Ishtiaq Hussain Qureshi ............................................................................................................ 3
Maulana Shabbir Ahmad Osmani ................................................................................................... 3
General Observations ...................................................................................................................... 4
Judicial Interpretation ..................................................................................................................... 4
Conclusion ...................................................................................................................................... 5
References ....................................................................................................................................... 6

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Introduction
The Objective Resolution was the first legislative text that proved its basis in Pakistan. It provided
the law-makers with guidelines and sublime concepts. It made the constitution-making process
Simple task setting some specific objectives that would be appropriate to the citizens of Pakistan
before them.

History & Background

In March 1949 the Resolution under the leadership of Liaquat Ali Khan was approved by the First
Constituent Assembly. The Constitution of Pakistan was to become democratic and founded upon
the basic rules of Islam. Islam and its philosophy had thought the lesson of democracy. It included
the principles on which the future Constitution was to be centered, which the nation's source,
Quaid-E - Azam claimed in February 1948: "Islam ... "The Objectives Resolution was adopted by
the legislative assembly of Pakistan on 12 March 1949. Prime Minister Liaquat Ali Khan submitted
the resolution which specified that Pakistan 's future constitution is not based solely on the
European model, but on Islamic philosophy and democratic faith.

Objective Resolution
One of Pakistan’s most important documents in constitutional history is the Objectives Resolution,
which incorporates elements of both Western and Islamic democracy. Liaquat Ali Khan called it
"the most important moment in the life of this land, which is only of significance for freedom." It
shall be added in compliance with Article 2A of the Constitution to the new Constitution of
Pakistan.

Principles of the Objectives Resolution

 Allah alone is one but through his people, He delegated it to the state of Pakistan for
exercising it within the borders of the holy trust.
 Via the elected officials of the people, the State shall exercise its control and authority.
 As stated by Islam, the values of independence, independence, equality, peace and social
justice will be completely upheld.
 In line with the teachings of Islam as outlined by the Qur'an and Sunnah, Muslims would
be able to order their lives in the individual and communal domain.

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  Minorities must be properly compensated for the free expression, expression and growth
of their faiths.
 It will be a republic in Pakistan.
 Basic rights are assured.
 The judiciary shall be independent.

Mr. Bhupendra Kumar Datta

Mr. Bhupendra Kumar Datta, an East Bengali representative, rejected what he felt is the political
combination of faith. Mr. Datta argued that combining one with the other would spoil them,
differentiating between faith and reason. Mr. Datta also shared fear that, since Mr. Jinnah 's
passing, it was a symptom of a rising tide which the mover of the resolution would have no hope
of restoring.

Dr. Ishtiaq Hussain Qureshi

The Resolution was upheld against the concerns raised by Dr Ishtiaq Hussain Qureshi, an East
Bengal scholar. His purpose seemed to dissipate all fear of the Islamic principles in this Resolution
by the minorities. He said there couldn't be any guarantee that any limitations imposed by any law
could be misinterpreted. It also reassured the government to act as a safeguard for minorities with
legal and political limits set by the resolution. Dr. Qureshi said that the only real protection for
minorities was that they gained the majority's "affection and respect," and so he called on the non-
Muslim minorities to trust in the latter. Interestingly, Dr. Qureshi gave a derogatory description of
'secular' in his speech, in which he said anything that is not theocratic was secular. Echoing the
Prime Minister 's statement, Dr. Qureshi suggests that the government indicated by this resolution
was secular and there was no room for an organized priesthood in Islam.

Maulana Shabbir Ahmad Osmani

The resolution was also supported by Maulana Shabbir Ahmad Osmani, an East Bengal Religious
scholar, who said that it was important to determine the relations it had with the Lord of the
Universe to determine what kind of State Pakistan would be. Mr. Osmani did not, unlike Dr.
Qureshi, agree that he relied upon the common respect and admiration to protect minorities. On
the contrary, he argued that the burden God had put on Muslims. In favor of his acceptance of the
resolution, he relied heavily on Mr Jinnah 's terms.

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General Observations
Such themes appear in favor and in opposition to the substantive resolution from the speeches
offered by the different members of the Constituent Assembly. The most remarkable is that the
discussion following the adoption of the Resolution centered on topics relating to ties between
religion and the State, with specific attention given to the role of non-Muslim religious
communities in the State envisaged by the Resolution. Although the Resolution itself included
clauses on autonomy, federalism, judicial independence, and other items, none of those clauses
received much notice. It is clear from this that within the first paragraph, the only real point of
disagreement in the Resolution was exactly what the role of religious values in the constitutional
structure that this Resolution would create.

Judicial Interpretation
Because any constitution adopted by Pakistan and a substantial position in the Constitution has
been followed by the Priorities Resolution because 1985, it has been subject to interpretation by
the Courts. At different times various functions and rank have been given to the substantive
resolution by the Constitutional courts in Pakistan.

In Asma Jilani vs. The Punjab government, then Chief Justice Hamood-ur-Rehman, reversing a
precedent set out in the Dosso case, held that if there is a clear concept in Pakistan, authority alone
is God's and that the power exercisable by people within the limits specified by Him is a sacred
faith. It was in Pakistan that the theory established the Pragmatic Resolution.

In Asma Jilani vs The Punjab government, then Chief Justice Hamood-ur-Rehman, reversing a
precedent set out in the Dosso case, held that if there is a clear concept in Pakistan, authority alone
is God's and that the power exercisable by people within the limits specified by Him is a sacred
faith. It was in Pakistan that the theory established the Pragmatic Resolution. He claimed that since
it was passed granting it further legitimacy, the Goals Agreement by which he acknowledges this
principle has not been revoked. It is important to remember that it was not assumed that the whole
agreement was the universal standard. Only that position was given to the principle concerning the
role of religion in the democratic constitution as enshrined in its first clause.

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Conclusion
The case of the Elections Act is one landmark in the wider legislative history of the Objectives
Resolution. In this case, the Supreme Court essentially gave itself the authority to determine the
contours of legally given fundamental rights on the basis of the definition of morality arising from
the Islamic Values, which the Court established partly on the basis of the concepts enshrined in
the Goals Resolution and even in contravention of the express purpose of the legislature.

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References
o https://en.wikipedia.org/wiki/Objectives_Resolution#:~:text=The%20Objectives%20Res
olution%20was%20adopted,by%20minority%20members%20were%20rejected.
o https://historypak.com/objectives-resolution-1949/