Chapter # 8

Objective Resolution 1949

The Objectives Resolution was the first document in the direction of framing a constitution
for Pakistan. It has been both praised as setting the course of the new state as well as
denounced for deviating from the Quaid-i-
framed between two documents, the first being the Quaid-i-
second being the draft of the resolution presented by an alliance of religious parties most
of which had opposed the Pakistan Movement. The main issue relates to the status of the
minorities. The second document presented by Liaquat Ali Khan, the Interim Report of
the Basic Principles Report had to be withdrawn.

The Objectives Resolution presented by the Prime Minister Liaquat Ali Khan to the
Constituent Assembly of Pakistan on 7 March 1949 and passed by majority on 12 March
proved to be a landmark in the constitutional development of Pakistan. It is also a most
resilient document, enshrined in the present constitution not as a preamble, but as a
substantive part.

It is also the most criticized document, for promoting the aim of establishing an Islamic
State, deviating from the assurances given to the minorities by Mohammad Ali Jinnah in
his 11 August 1947 speech. One of the latest criticisms has come from Yaqoob Khan
Bangash:

of March 1949 further solidified the religious element. Significantly, not only did the
resolution reflect a religious bent, it showed how the government was to regulate the lives
of the people.

further ahead. Another criticism of the same nature has come from Syed Jaffar Ahmed:

mentioned speech which should be regarded as the Magna Carta of Pakistan was
introduced through the Objectives Resolution of March 1949. Apparently devised as a
compromise between the liberal and orthodox elements in the Constituent Assembly.

The latter criticism has the merit of mentioning that the Objectives Resolution should be
seen within the framework of two documents. In fact all the criticism this document has
encountered has been due to its being read in isolation. As for deviating from the ideals of
Quaid-i-Azam, this should be seen within a constitutional frame work. Replying to
conditions set by Khan Abdul Ghaffar Khan, he had said:

It is obvious that I cannot negotiate with any section or party over the head of the
Constituent Assembly. Besides, I have no power to commit the Constituent Assembly in
advance, or anticipate their final decisions.

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Here, the principle is elicited that the Constitution shall not be framed by any individual,
be he the Founder of the Nation. Secondly the Resolution has been criticized for its neglect
of the minorities and as G.C. Contreras has cited the Quaid-i- oncern for the
minorities is framed in the Pakistan Movement itself
aspirations of a Nation that found itself in a minority in the Indian Subcontinent, cannot
be unmindful of the mino and it is in this context that Quaid-
i- arded. We can call it Document:

You are free; you are free to go to your temples, you are free to go to your mosques or any
other place of worship in this State of Pakistan. You may belong to any religion or caste
or creed rting with this
fundamental principle that we are all citizens and equal citizens of one State.
But by the time Liaquat Ali Khan moved his resolution a religious parties alliance,
consisting for the most part of the elements having opposed the establishment of Pakistan,
had their own draft of what the Objectives Resolution should be presented in Dacca before
a gathering of 10,000 people. Let us name this Document:
The Sovereignty of Pakistan belongs to Allah alone, and the Government of Pakistan has
no right other than to enforce the will of Allah. The basic law of Pakistan is the Shariah
of Islam. All those laws repugnant to Islam are to be revoked, and, in future, no such laws
can be passed. The Government of Pakistan shall exercise its authority within the limits
prescribed by Islamic Shariah.

an presented.
This is Document:
Whereas sovereignty over the entire universe belongs to God 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 its chosen
representatives of the people;

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 sphere sin accord with the teaching and requirements of Islam as set out
in the Holy Quran and the Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and
practice their religions and develop their cultures;

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 Whereby the territories now included in or in accession with Pakistan and such
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 perceived;

Wherein shall be guaranteed fundamental rights including equality of state, 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 provision shall be made to safeguard the legitimate interests of

minorities and backward and depressed classes;

Where in the independence of the judiciary shall be fully secured.

meant only for Muslims, not for minorities. There are two separate provisions in the
Objectives Resolution as can be seen above, showing that assurance to minorities was of
prime importance. Assurances to the minorities does not detract from the Islamic
orientation of a polity, as the draft of the religious parties would have us understand

upholds it. Even within the domain of a purely Islamic polity democracy was needed to
ensure that a minority sect does not rule over a majority sect.
Despite all these assurances, members of the Pakistan National Congress, the main
opposition continued to be critical. Liaquat was not sounding a discordant note from
Jinnah. He said that power would be exercised by the people of Pakistan, not the Muslims
of Pakistan This brings us to Document 4, the speeches of Liaquat Ali Khan:
a. Sir, my friend [Mr. Siris Chandra Chattopadhyaya, the Leader of the Opposition]
said these people told him that in an Islamic State--- that means a state which is
established in accordance with this resolution--- no non-Muslim can be the head
of the administration. This is totally wrong
b. I assure the minorities that we are fully conscious of the fact that if the minorities
are able to the sum total of human knowledge and thought, it will redound to the
credit of Pakistan, and will enrich the life of the nation. Therefore the minorities
may look forward not only to a period o the fullest freedom, but also to an
understanding and appreciation on the part of the majority.
c. Sir, there are a large number of interests for which the minorities desire protection.
This protection this Resolution seeks to provide. We are fully conscious of the fact
that they do not find themselves in their present plight for any fault of their own.
It is also true that we are not responsible by any means for their present position.
But now that they are our citizens, it will be our special effort to bring them up to

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 the level of other citizens so that they may bear the responsibilities imposed by
their being citizens of a free and progressive State.
d. Sir, I said just now that the people are the real recipients of power. This naturally
eliminates any danger of the establishment of theocracy.

a religious one is pure propaganda,

As Liaquat explained at the beginning of his words cited above a non-Muslim could
become the head of government---that is Prime Minister, affirming that tolerance and
equality would be the operative principle of Pakistan. Perhaps Liaquat Ali Khan was
referring to the powers of a Vizier as depicted and categorized by Abul Hasan al-Mawardi.
The provision that a non-Muslim could be the prime minister was withdrawn only in the
1973 Constitution by Zulfikar Ali Bhutto. Yet time and again the Pakistan National
Congress raised the fear of an Islamic State.

The question, as has now become obvious, is not whether we should have an Islamic State,
but whether an Islamic State should be militant or tolerant. Jogendra Nath Mandal called
Pakistan an Islamic State for observing Kashmir Day! At the other extreme is the ISIL or
Daesh which believes in imposing its rule by violence. In between is the Islamic Republic
of Iran where unelected ulama can overrule an elected President. It can also mean a welfare
state, where tolerance, as enjoined by the Holy Quran, is practiced. Coercion the main
instrument of the militants--- is firmly rejected by the Holy Quran in the Verse of the
Throne [ayat al-kursi]

When Liaquat Ali Khan presented the last budget for united India, he clearly stated that
he was following Islamic principles. In building a society, the economic imperatives are
paramount. The Holy Quran warns again and again that usury is a sin, hoarding is a sin,
gambling is a sin and cheating in weights and measures is a sin. Any society, to be Islamic,
has to avoid such evils. Because of centuries of colonial rule these evils have pervaded
our society. We must strive to remove them that is the spirit of the Objectives Resolution.

Assurances to the minority does not detract from the Islamic orientation of a polity.as the
draft of the religious parties made it out to be. This is clearly spelt out by Mohammad Ali
Jinnah in his address at the University Stadium, Lahore on 30 October 1947:

The tenets of Islam enjoin on every Musalman to give protection to his neighbors and
minorities, regardless of caste and creed.
And while introducing the Objectives Resolution, Liaquat Ali Khan had said: We have
not ignored the rights of the non-Muslims. Indeed, it would have been un-Islamic to do
so.
To conclude, 11 August speech of the Quaid-i-Azam while inaugurating the Constituent
Assembly of Pakistan did not deviate from the principles of Islam and neither did the
Objectives resolution deviate from the 11 August 1947 speech.

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