Objectives Resolution, March 7, 1949
This document was approved by the Constituent Assembly as the Preamble to the constitution of Pakistan. Like all other documents given in the FFV Debate, this too is a man-made document. Along with all others, this too should be examined and compared critically. Does it ensure total human equality as per the Quran, the Last Sermon and Meesaq-e-Madinah? Does it conflict with the vision given for Pakistan by the Quaid in his Presidential Address to The Constituent Assembly on 11th August 1947? Does it differ in some ways with the Equality and Internationalism (and not Nationalism) as envisaged by Iqbal in his Allahabad Lecture? We must reconcile these differences to secure Pakistan amongst the comity of nations in these tumultuous times.
When the resolution was made the substantive part of the constitution, the word “freely” was innocuously removed from Article 6, which has since, not been restored despite petitions in the superior courts. The constitution has the word “freely” mentioned in the preamble but the same is omitted in the Annex which is referred to by Article 2 a as the actual document.
The then opposition leader commented “And on the top of this all, by this Resolution you condemn them to a perpetual state of inferiority. A thick curtain is drawn against all rays of hope, all prospects of an honourable life. After this what advice shall I tender? What heart can I have to persuade the people to maintain a stout heart?
But I feel it is useless bewailing before you, it is useless reasoning with you. You show yourselves incapable of humility that either victory or religion ought to generate. You then go your way, I have best wishes for you.
I am an old man not very far from my eternal rest. I am capable of forgetting all injuries. I bear you no ill will. I wish you saw reason. Even as it is, may no evil come your way. May you prosper, may the newly-born State of Pakistan be great and get its proper place in the comity of nations.”
ARTICLE 1: SOVEREIGNTY
"WHEREAS sovereignty over the entire Universe belongs to Allah Almighty alone, and 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",
QUESTION: Who interprets it? Quaid declared the Constituent Assembly sovereign in his 11th August 1947 address? Do we have some physical sovereignty to evolve with a thinking mind and the power to rationalize?
ARTICLES 2: QUAID'S DECLARATION
"WHEREAS the Founder of Pakistan, Quaid-e-Azam Mohammad Ali Jinnah, declared that Pakistan would be a democratic State based on Islamic principles of social justice,”
QUESTION: We are still struggling for democracy?
ARTICLE 3: RESOLVE OF THE ASSEMBLY
"AND WHEREAS the Constituent Assembly, representing the people of Pakistan, have resolved to frame for the sovereign independent State of Pakistan a constitution”.
QUESTION: Is sovereignty absolute or relative? Has ours been eroding over time because our weak National Identity/Purpose?
ARTICLE 4: NATIONAL PURPOSE?
"WHEREIN the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam, should be fully observed”,
QUESTION: Why couldn't we affirm these values into belief? Aren't we violating these in all spheres of life?
ARTICLES 5 & 6: TOTAL EQUALITY VS. MERELY ADEQUATE PROVISION FOR MINORITIES?
"WHEREIN the Muslims of Pakistan should be enabled individually and collectively to order their lives in accordance with the teachings and requirements of Islam, as set out in the Holy Quran and Sunnah",
"WHEREIN adequate provision should be made for the minorities freely to profess and practice their religion and develop their culture",
QUESTION: The word “freely” is written in three languages on Minar-e-Pakistan. Why was it omitted? What are the implications?
ARTICLE 7: FEDERAL STATE?
"WHEREIN the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan should form a Federation, wherein the Provinces would be autonomous with such limitations on their powers and authority as might be prescribed",
QUESTION: Why couldn't we pass on the Concurrent List to the provinces till now? Why the parties in power forget their commitment to truly defend the constitution?
ARTICLE 8: FUNDAMENTAL RIGHTS?
"WHEREIN should be guaranteed fundamental rights, including rights such as equality of status and opportunity, equality before law, freedom of thought, expression, belief, faith, worship, association and social, economic, and political justice, subject to law and public morality",
QUESTION: Are we bad people that we continue to violate all these rights? How do we affirm these into belief
ARTICLE 9: INDEPENDENCE OF JUDICIARY?
"WHEREIN the independence of the judiciary should be fully secured",
QUESTION: Why are judges made to feel so insecure?
ARTICLE 10: ADEQUATE PROVISION FOR MINORITIES?
"WHEREIN adequate provision should be made to safeguard the legitimate interests of minorities and backward and depressed classes",
ARTICLE 11: ABSOLUTE INTEGRITY
"WHEREIN the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights over land, sea and air should be safeguarded",
QUESTION: Without a common bonding and nationhood, can we protect our integrity? Wouldn't others manipulate a weak and a divided nation?
ARTICLE 12: HONOURABLE PLACE AMONGST THE COMITY OF NATIONS?
"So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the world and make their full contribution towards international peace and the progress and happiness of humanity".
QUESTION: Why haven't we been able to attain a place of respect amongst the comity of nations? What conditions do we need to create to make our full contribution to international peace and the progress and happiness of humanity?
ARTICLE 13: LIMITED POWERS AT THE CENTRE?
"This Session further authorises the Working Committee to frame a scheme of constitution in accordance with these basic principles, providing for the assumption finally by the respective regions, of all powers such as defence, external affairs, communications, systems, and such other matters as may be necessary".
QUESTION: Why couldn't we live in accordance with these principles? Why did we concentrate more powers with the centre?
|
