Objectives resolution, passed in 1949, was termed the most significant event in the history of Pakistan, second only to achieving independence, and enacted by the first constituent assembly in 1849 and is one of the most significant documents in Pakistan’s constitutional history, which put down the future constitution’s objective and serve as a foundation for country’s development it encompasses the principle of both the Islamic and Western democracy.
It became part of the Eighth Amendment of the 1973 Constitution in 1985. The document proclaimed sovereignty to the Almighty while promoting freedom, minority rights, democracy, and equality. It blends religious authority with democratic ideals, causing ongoing debates in Pakistan’s identity and governance. Even in contemporary times, the passage of the objectives resolution continues to shape Pakistan’s democratic, legal, and religious identity, igniting debates on minority rights, the state’s nature, and inclusivity.
Historical Background of the Objectives Resolution 1949
The late 1940s marked a significant period in Indian history, with the partition of British India in 1947, resulting in the formation of two independent nations, India and Pakistan. The political landscape in 1949 was influenced by Pakistan’s challenges as a newly independent state. Pakistan faced challenges in defining its identity, formulating a constitution, and establishing a political and legal framework. The state navigated enormous challenges from socio-political and administrative transition, which involved the Kashmir Conflict, the settlement of refugees, and new governance. Amidst this chaotic landscape, Liaquat Ali Khan, who was a close ally to Jinnah, became a prominent political leader in 1948 and was assigned to assert the foundation of the objectives resolution.
The objectives resolution passed in 1949 by the first Constituent Assembly is often seen as marking the beginning of the Islamization of laws and society. However, it was also embraced by non-Muslims, especially Christians, to protect their right to practice as Christians. The resolution was a challenge and a promise for both Muslims and non-Muslims to achieve an equal and tolerant society. The objectives resolution introduced by Prime Minister Liaquat Ali Khan on March 7, 1949, outlined the fundamental principles for Pakistan’s Constitutional and legal development.
The key components included sovereignty belonging to Allah, a declaration reflecting the principles of tawhid, and democratic principles ensuring democratic governance while equalising religious identity and political pluralism. The resolution also highlighted social justice and economic equality, aiming to eradicate social and economic disparities. It also advocated for non-discrimination, protecting the rights of minorities and marginalised groups, promoting inclusivity, and securing the rights of ethnic and religious minorities. The resolution served as a steering document for formulating the Constitution of Pakistan, accentuating the principles that would impact the constitution and enlightening further developments in the state.
Constitutional Legacy of Pakistan
The significance of the objectives resolution, which was adopted on March 12, 1949, under the leadership of Liaquat Ali Khan, can be determined by the fact that it was a preamble to 1956, 1962, and 1973 constitutions, which maintained the Islamic character of Pakistan while highlighting equality, democracy, and minority rights. It was finally incorporated into the constitution upon the eighth amendment of the 1973 constitution in 1985. However, the 1985 amendment to the Zia regime expanded beyond the preamble and included it in the constitutional text by incorporating Article 2A, and he made it a substantive law. Because of this, its role has shifted from aspirational to operational, necessitating that laws conform to Islamic principles. Legal ambiguity was introduced due to this transformation because social justice and divine sovereignty provisions were made subject to the courts and clashed with secular constitutional provisions.
If we look at the legal impact of Article 2A, it may have been nonoperative in the previous constitution, but now it is operational in the nation’s legislative system. High and supreme courts ensure that the laws they have been tasked with conform to Islamic guidelines and identify those that do not. Given this, Article 2A plays a significant role in Pakistan’s law-making process. By adding Article 2A to the constitution of the Islamic Republic of Pakistan of 1973, the objectives resolution was incorporated as a functional part of the constitution, paving the way for future legislation and actions to be framed as under the fundamental norm of the constitution.
For instance, the cases of Kaniz Fatima (1989), Masu V. United Ltd (1990), and Habib Bank Ltd (1987) all demonstrate the judicial uncertainty to uphold laws based only on Article 2A, preferring to defer to a legislative body. Tensions between democratic ideals and Islamic governance are reflected in this constitutional evolution, with Article 2A continuing to be a divisive instrument for political ideology and legal interpretation.
Contemporary Relevance and Debates
The constitutional identity of Pakistan continues to be a subject of debate between Islamic principles and democratic values, fueled by the objectives of the dual legacy resolution. The resolution, which was incorporated as Article 2A, mandates law alignment with Islamic provisions promoting equality and religion for minorities, sparking ongoing debates on Pakistan’s identity. The objectives resolution of 1949 incorporated Article 2A of the 1973 constitution, which proclaims that “Islam shall be the state religion of Pakistan” but guarantees certain rights to religious minorities.
Adequate provision shall be made for minorities to freely profess and practice their religions to develop their cultures, according to the preamble. The lived experiences of the religious minorities, however, frequently deviate from these constitutional guarantees. One of the most prominent instances of this in contemporary times is forced conversion, especially for young girls from Christian and Hindu families. According to a 2022 Centre for Social Justice study, 100 to 200 forced conversions occur annually. Despite being prohibited by Pakistan’s penal code, forced marriages and conversions are not adequately enforced. In 2021, a proposed Anti-conversion law was vigorously opposed and eventually defeated. Legal proceedings often fail to serve justice because of religious and societal bias.
On the other hand, sections 295-B and 295-C of the penal code, which contain blasphemy laws, are divisive and specifically target religious minorities in the state. According to the Human Rights Watch Report, 171 instances of blasphemy charges against religious minorities were documented in 2023. These cases, which frequently stem from interpersonal conflicts, are used as a weapon of persecution and can lead to long periods in jail, capital punishment, and mob violence. Priyantha Kumara, Mashal Khan, and Asia are well-known examples of this case. These discrepancies between the actual life experiences and the constitutional principles kept on promoting Pakistan’s struggle to balance its democratic objectives with its religious foundations, sustaining the nation’s constitutional legitimacy in a state of uncertainty.
Conclusion
In a nutshell, the objectives resolution of 1949 remains a significant document in the constitutional history of Pakistan that has influenced policies and judicial interpretation, often at the expense of minority rights and democratic inclusivity. As the state continues to navigate intricate challenges in modern times, it is crucial to debunk its legacy to align with the evolving democratic values, balancing religious foundations with an inclusive, pluralistic vision, which is significant for future success.
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The views and opinions expressed in this article/paper are the author’s own and do not necessarily reflect the editorial position of Paradigm Shift.
She is currently pursuing a Masters degree in Peace and Conflict Studies at the National University of Sciences and Technology (NUST).