Objectives Resolution

Article 2-A of the Constitution of Pakistan provides' that Objectives Resolution will be a substantive part of Constitution

Social justice as enunciated by Islam is to be fully observed and Muslims are expected to be able to order their lives in individual and collective spheres with teachings and requirements of Islam as settled in Holy Quran and Sunnah.

Objectives Resolution could not be made a ground to annul any amendments to the Constitution.

Although sovereignty of Almighty Allah over the entire universe had been acknowledged in the Objectives Resolution yet the State had been recognized as the delegates thereof which was to exercise such sovereignty through chosen representatives of the people within the limits prescribed by Almighty Allah as a sacred trust

While conceding sovereignty to a democratically elected Parliament the Constitution simultaneously circumscribed such sovereignty by confining it to the limits prescribed by Almighty Allah

Such a concept was in exact conformity with a Muslim's belief that he may be free to make his own choices in life but he may not overstep the limits prescribed by his Creator

Looked at in such perspective the Constitution, conforming to the Islamic perceptions, recognized democracy as the only mode of governance, but a democracy which did not come in conflict with a Muslim's faith

To an outsider such a concept may appear to be enigmatic but the Muslims of Pakistan had no difficulty in understanding and applying such concept, therefore, it fits into the scheme when the Objectives Resolution referred to "the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam" and envisioned a State "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 Quran and the Sunnah"

Scheme (of the Objectives Resolution) was the establishment of a modern and democratic Islamic State in fulfilment of the wishes of the Muslims and the manifestations of such scheme were to be found spread over the entire Constitution.

Duties of courts stated.

Contention of pre-emptor was that provisions of Punjab Pre-emption Act, 1991, had to be interpreted in accordance with Shariah and in Islamic law time and place for performance of Talb-e-Muwathibat was not sine qua non to prove the same, and that under Art. 2A of the Constitution, any provision of law which was not in consonance with Islamic law could not be enforced

Validity

Mentioning time, place and witness before whom Talb-e-Muwathibat was made was sine qua non to prove the same

Article 2A of the Constitution was not a self-executory provision and by virtue of the said Article Objectives Resolution was made part of the Constitution

Article 2A of the Constitution was at best a beacon light to guide the legislature to enact the law in accord with the aspirations reflected therein and for all those concerned with the governance in the country to regulate their affairs accordingly.

Government under Art.29 read with Art.2A of the Constitution is bound to formulate policies for the promotion of social and economic well being of the people, which includes provision of facilities to the citizens for work and adequate livelihood with a reasonable rest and leisure, etc.

Energy/electricity is essentially one of the significant facilities required by the citizens for manifold purposes, namely, uplifting of their social and economic status

Non-supply of electricity to the citizens regularly, is tantamount to depriving them of one of the essentials of the life including the security of economic activities, which are relatable to their fundamental rights protected under Arts. 9 and 14 of the Constitution.

Article 2A, expressly instructed that principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed

Protection and advancement of said principles was an integral objective and an essential feature of the Constitutional Order

Article 2A mandated that the State shall guarantee 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

Article 8(1) of the Constitution enunciated the significance of said rights and the principles that they embody, by declaring that all laws, or any custom or usage having the force of law, in so far as it was inconsistent with the rights, shall, to the extent of such inconsistency, be void

In effect said rights, as enunciated by Islam, had been placed on a higher pedestal and enshrined as a central feature of the constitutional framework.

Such practices were not only violation of the Quranic Injunctions but also deviation of the established conventions agreed to by the nations of the world.

Words of Objectives Resolution comprehensively define the stature of an independent Pakistan where the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the world

Article 2A, undoubtedly has overwhelming nexus with the fundamental rights of Citizens of Pakistan (people) specifically guaranteed under Arts.9 & 14 of Chap. 1, Part II of the Constitution.

If even-handed justice was not administered, that could have many adverse and negative effects on the society; it could cause discontentment and frustration in the social set up

Social justice was an objective embodied and enshrined in the Constitution

Preamble and Art.2-A i.e. Objectives Resolutions, ordained that principle of equality and social justice as enunciated by Islam, would be observed

Non-observance of provisions of Arts.2-A, 4, 25, 27 & 34 of the Constitution and principles could amount to negation of constitutional mandates, dictates of justice and rule of good governance, which should be avoided as far possible.

Objectives Resolution casts a heavy duty upon Executive, Legislature and Judiciary to be more careful with regard to fundamental rights of citizens as such rights have been awarded by divine, respect and announced by the Holy Prophet (PBUH).