ARTICLE 2-A (OBJECTIVES RESOLUTION) By Saqib Jawad

Introduction
Resolution sets out aims & objectives of

the Constitution. Objectives Resolution lays emphasis on the principles of democracy, freedom, equality, tolerance, and social justice, and further defines them by saying that these principles should be observed in the constitution as they have been enunciated by Islam. Liaqat Ali Khan, March, 7, 1949.

Background & History

Put up in 12, March 1949. Initially opposed by:1. Prem Hari Barma 2. Sris Chandra, Chattopadhyaya and some

others.

Amendments proposed, 17, points Other members supported Objectives

Resolution. Amendments rejected by 10 against 21 votes. Main resolution adopted.

Aims & Objectives

The Objectives Resolution, entitled, Aims and

Objectives of the constitution, passed in March 1949, affirmed that the sovereignty over the entire universe belonged to Almighty Allah alone, and declared that the Islam will be the foundation of the new State. It envisaged that the power of the new state would be exercised through the chosen representatives of the people. It also talks of the peoples resolve to frame a constitution for the sovereign, independent state of Pakistan.
Zulfiqar Khalid Maluka, The Myth of Constitutionalism in

Pakistan.

Law before Art. 2-A

Objectives Resolution as Preamble. (1956, 1962, 1973 interim constitutions) Objectives Resolution is not a supra

constitutional norm
Hussain Naqi vs District magistrate Lahore, (PLD

1972, Lah. 164) State Vs Zia-ur-Rehman, (pld 1973, sc, 49)

Cont. . .
The constitution of Pakistan has given Islamic

character to the constitution by fully securing the independence of judiciary and by providing that all existing laws should be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah. (PLD 1998 sc 388) Muhtarma Benazir Bhutto and another Vs President of Pakistan

The 8th Amendment

In Feb. 1985 General Elections were held. 2, March, 1985, Revival of the Constitution of

1973, Order 1985. Article 2-A, was added wide Presidential Order No. 14, of 1985, making the Objectives Resolution substantive & Effective part of the Constitution. 65, Articles amended. Objectives Resolution reproduced as annex, with a significant change Word Freely was ommiited in annex.

Operative Part of the Constitution

Operative part of the Constitution. Article 2-A, is internal part and the grund

norm of the constitution and any provision can be struck down on the touch stone of Article 2-A.
Allah Banda Vs Khurshid Bibi, 1990, CLC, 1983.

Effect of Article 2-A

Supremacy of the Holy Quran and Sunnah

over the law of the land, Justice Tanzil-urRehman:

Habib Bank Limited Vs Muhammad Hussain,

(PLD 1997, Kar. 692)

High Court has authority to declare any

provision against the Holy Quran and Sunnah.

Muhammad Sarwar Vs State PLD 1988, FSC, 41.

It is necessary to use Objectives Resolution in

the context of Islamization.

Sardar Ali Vs Muhammad Ali, PLD 1988, SC,

Cont. . .
Objectives Resolution is very important and is

the sheet anchor of the constitution, for it reflects aspirations of the people of Pakistan as to what they want and how they want to be governed.
(PLD 1997, SC 426), Mahmood khan Achakzai and others

Vs Federation of Pakistan.

Article 2-A, legal Effect

Article 2-A is not a supra Constitutional

provision.
Hakim Ali Khan and Two Others Vs Govt. of

Pakistan, PLD 1992, SC, 595.

Courts cannot declare any provision viod on

the touchstone of Article 2-A.

Kaneez Fatima Vs Wali Muhammad, PLD 1993,

SC 901.

Principle of harmonious interpretation will be

applied.
Sharaf Faridi Vs Federation of Islamic Republic of

Cont. . .
Question as to the basic structure of the

constitution of Pakistan is question of academic nature which cannot be answered authoritatively with a touch of finality. Basic structure as such is not specifically mentioned in the constitution, but Objectives Resolution when read with other provisions of the constitution reflects salient features of the constitution highlighting federalism and parliamentary form of government blended with Islamic provisions. (PLD 1997, SC 426), Mahmood khan Achakzai and others Vs Federation of Pakistan

Nature of Article 2-A

The vaguely worded Objectives Resolutions is

contradictory in itself and at variance with modern democratic norms and mores. It was primarily adopted to appease the agitating theologians, far from serving any national purpose. The resolution generated many fundamental queries such as how the injunctions of Shariah should be incorporated in the countrys political framework. The Ulamas pronouncement of sovereignty belonging to Allah in the context of ambiguous and imprecise resolution had ridiculed the word sovereign itself.
Zulfiqar Khalid Maluka, The Myth of Constitutionalism in

Pakistan.

Cont. . .
Theory of the basic structure of the constitution

having completely been rejected by the constitution of Pakistan Constitutional provision cannot be struck down on the ground of being violative of any prominent feature, characteristic or structure of the constitution. Objectives Resolution is not the basic structure of the constitution of Pakistan Article 2-A was added to the constitution of Pakistan 1973, which has made the objectives resolution substantive part of the constitution, but to say that it is the basic structure does not hold force.
(PLD 1997, SC 426), Mahmood khan Achakzai and others

Present Status of Article 2-A

Article 2-A has no higher status than the rest of

the constitution.
Ghulam Mustafa Khar Vs Pakistan, PLD, 1988, Lah. 49. Hakim Khan Vs Govt. of Pakistan, PLD 1992, SC 595.

Article 2-A is not a supra constitutional provision

inasmuch as it has become an essential and integral part of the constitution professing the same weight and status as the other Articles of the constitution which are already substantive part thereof (Hakim Khan Vs Governement of Pakistan PLD
1992 SC 595, Al Jihad Trust Vs Federation of Pakistan PLD 1996 SC 324)

Cont. . .
In Asma Jilanis case, PLD 1972 SC 139, it has not been laid

down that objectives resolution is the grund norm of Pakistan but that the grund norm is the doctrine of the legal sovereignty accepted by the people of Pakistan and the consequences that flow from it. It does not describe the objectives resolution as the cornerstone of the Pakistans legal edifice but has merely pointed out that one of the counsel appearing in the case has described it as such. It is not correct therefore to say that the objectives resolution has been declared to be transcendental part of the constitution, or to be transcendental part of the constitution, or to be supra constitutional instrument which is unalterable and immutable.
(PLD 1997, SC 426), Mahmood khan Achakzai and others Vs

Federation of Pakistan.

Cont. . .
It is not open to the court to hold that any

provision of the constitution can be struck down on the ground of its being violative of the objectives resolution or the national aspirations or the higher ethical notions of the philosophical concepts of law or of basic structure
(PLD 1997, SC 426), Mahmood khan Achakzai

and others Vs Federation of Pakistan.

Cont. . .
It is said in Hakim Khans case that every

provision of the constitution has to be given its meaning and effect. No substantial constitutional provision can be given superiority over the other provisions. They have to be read along with other provisions as an integral part of the constitution, which is an organic document having come to stay once for all unless it is amended in accordance with Article 239 of the constitution.
(Hakim Khan Vs Government of Pakistan PLD

Cont. . .
The grund norm referred to by the Supreme Court

was something even above the objectives resolution, which embodies the spirit and the fundamental norms of the constitutional concept of Pakistan. It was expected by the objectives resolution itself to be translated into the constitution. even those that adopted the objectives resolution did not envisage that it would be a document above the constitution, it is incorrect , therefore; to say that it was held by the supreme court that the objectives resolution of the 7th march, 1949,stands on a higher pedestal than the constitution itself.

Thank You