Objectives Resolution And The Constitution

OBJECTIVES RESOLUTION AND THE CONSTITUTION OBJECTIVES RESOLUTION AND THE CONSTITUTION By Muhammad Zainul Abidin, Advocate Supreme Court, Lahore Without dilating on the comparative values of the Constitution and the Objectives Resolution it is stated that the Constitution is the Supreme Law of Pakistan. The Objectives Resolution has joined the scheme of the Constitution by Article 2‑A through 8th Amendment in 1985. The Constitution has been framed deliberately in a set form by the competent authority and is capable of being enforced by the judicial machinery of the Courts. About the Objectives Resolution it is being said that unless its broad principles are transformed into precise rules like that of the Constitution by appropriate legislative measures it cannot be enforced with certainty through judicial process. Manifest of the broad principles is in 3 distinct parts. The first part has 1. (1991) 2 KLT 71 at p. 79 2. Article 35 (Principles of Policy). installed the Real Soevereignty in place of political sovereignty which is certainly an improvement on the practical democracy in force in America based merely on the social contract. In politics the sovereignty has no fixed locale and is shifting as the expediency and the conditions of the people and the state demanded. The Real Sovereignty is based on the Truth of the Unity of God, the Universe and the Mankind. No doubt positive law provides a certainty in the legal system but it certainly does not guarantee an endurable system which is the object of Real Sovereignty. The failures of positive law are accepted by the European jurisprudence as DIAS writes:‑‑ Outside the area of prohibition, restraint on liberty can only come from self‑restraint and self‑discipline, for which there is no alternative but the acceptance of a set of shared values, which results from faith in a just way of life, namely Religion. Abuse of power and of liberty are productive of fear and both of them hinder the development of ideas. No matter how difficult the task of curbing these may be at present, the failures of today can be made into stepping stones towards the success of tomorrow. For neither dictatorship nor anarchy can last indefinitely; they carry in themselves the seeds of their own eventual doom. Recent development by Revolution of Mind, Revival of History of moral, rational and social values called the Natural Morality and the idea of New World Order based on democracy, justice, equality and Human Rights have brought us near to the broad principles of Objectives Resolution and particularly the concept of Real Sovereignty. Thus the area occupied by the first part of the Objectives Resolution falls squarely within the range of Jurisprudence on which no legislative measures are required and may be enforced through judicial machinery of the Constitutional Courts. The first part embodied the covenant and the social contract:‑‑ 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; This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan; Wherein the State shall exercise its powers and authority through the chosen representatives of the people. The first part of the Objectives Resolution can be transformed into popular expression for common understanding which is not being appreciated in the language specially selected from certain concepts; being a subject of extensive study of Moral philosophy of Natural Law on which the broad based jurisprudence is rested. It can be shaped thus: The authority of a Democratic State established in obedience to the Supreme Command is delegated to its people and is to be exercised by the Righteous representatives subject to Sacred Sanction (Enjoin Good and Forbid Evil) commanding what is proper and forbidding what is not and the Rule of Accountability conditioned to the administration of Sacred Trust. The concept is the complex of Natural Law and Essential Morality for establishing an endurable system of State to remain ever Revolutionary. The second part embodied the pledge to unity, discipline and faith:‑‑ Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Qur'an and the Sunnah; Wherein adequate provision shall be made for the minorities to profess and practise their religions and develop their cultures. The second part of the Objectives Resolution contains the principles of Evolutionary Ethics to institute a good social order. Haxley writes: The facts of nature as demonstrated in evolution, give us assurance that knowledge, love, beauty, selfless morality, and firm purpose are ethically good: ‑‑‑In the broadest possible terms the evolutionary ethics must be based on a combination of a few main principles: that it is right to realize ever new possibilities in evolution, notably those which are valued for their own sake; that it is right both to respect human individuality and to encourage its fullest development; that it is right to construct a mechanism for further social evolution which shall satisfy these prior conditions as fully, efficiently and as rapidly as possible. These principles do need immediate legislative measures to transform them into set rules ordering useful discipline and institution to end contention and strife generated by Article 17 and Chapter 3‑A of Part VII of the Constitution for the advantage of the individual as well as the society. Fundamental Rights and the Principles of Policy provided in the Constitution would become meaningful and effective on passing such measures laying a firm foundation of Welfare State which is the foremost need of the time. The third part of the Objectives Resolution embodied the model:‑‑ 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 shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the Judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded; 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 progress and happiness of humanity. Some of the subjects provided in the third part are embodied in the Constitution but legislative measures do require in the area where the rules need to be framed especially in relation to judiciary, merit and fairplay for practical usefulness and enforcement. From the above brief analysis it will be manifest that first part of the Objectives Resolution is, free from the control of the Executive and the Legislature and rather both are bound to the concept of Real Sovereignty, Sacred Sanction and the Rule of Accountability, falling squarely within the judicial powers of the Constitutional Courts which are duty bound to presorve, protect, interpret, enforce and defend the Constitution for good and peace of the people and stability and continuity of the State.