national and international affairs

CONSTITUTION MAKING IN PAKISTAN (1947-1956)

Constitution is a basic document which sets out the framework for governance and exercise of power. It defines the powers of the institutions and sets out the relationship that exists between different state institutions. It also describes the powers within which these institutions have to work and what would be the nature of relationship of the individual with the state.

At the time of establishment of Pakistan an Interim constitution was introduced in Pakistan which was a modified version of the India Act 1935.The task of framing the future constitution was assigned to the CA of Pakistan that came into existence on Aug 1947.We will discuss that what were the stages and what were the steps that were taken for framing the constitution of Pakistan.

The whole process of constitution making started with the passing of the Objective Resolution. The Objective Resolution which was passed in March 1949 outlined the basic principles and foundations of the constitution. The principles that had to be kept in mind by the constituent assembly of Pakistan while framing the constitution. In a way the Objective Resolution not only identifying the objectives, the goals they wanted to achieve it was also setting out the priorities that had to be pursued.

Once the Objective Resolution was passed by the Constituent Assembly then the steps had to be taken for the formulation of the constitution and the 1^st step after the passing of the Objective Resolution was to set up the BPC (a committee comprising the members of theca of Pakistan).The strength of the BPC was fixed as 24.But the committee had to co-opt more members if it needed but at least there were 24 members they were Muslims and non-Muslim members and also women were the members of the BPC.Along with BPC some sub committees were also set up primarily to assist the BPC.These sub committees were assigned some specific tasks to deal with some specific issue and I can give you examples that one such committee dealt with the issue of federalism. What kind of federal model Pakistan was to adopt, this sub committee was to look into the matter and then report back to BPC.There were other sub committees for example a committee on judiciary to look into the judicial set up that was to be established in Pakistan. Another sub committee on fundamental rights the civil and political rights that were to be given to the citizens of Pakistan and there was also a committee on the minorities the non Muslims who were also the citizens of Pakistan.

So in this way there were a lot of sub committees I have given you some examples but there were more sub committees than I have mentioned. So the BPC and the different sub committees deliberated on different aspects of constitution making and then they prepare a report that is called the BPC First report.

First Basic Principle Committee’s Report: 1950:

We are calling it 1^st report because the BPC prepared more than one report so that we are calling it 1^st and 2^nd report and so on so that we can identify the different efforts made by the BPC.So the 1st report was presented to the constituent assembly in 1950 and this report outlined certain broad and key principles, it was not framing the constitution, it was identifying certain broad principles. That was to serve as the basis and foundations of the constitution.

Let me mention certain recommendations which the BPC, s 1^st report of 1950 made so that you have an idea about the kind of system they wanted to introduce in Pakistan.

1. First important recommendation by the BPC report was that the Objective Resolution would be included in the constitution of Pakistan as the directive principles of policy as guideline of policy making.

2. Another important recommendation was that the head of the state that was to be named as the president was to be elected by the joint session of the parliament for five years; it means that a person could hold the presidential office for five years. The president was given some discretionary powers and certain other categories of power were recommended to be assigned to the president. Although the authority was to be exercised by the PM.

3. So for as the legislation was concerned the 1^st report had recommended that there will be two houses the upper house and the lower house and the principle recommended here for the composition for the two houses was that the upper house all provincial units have equal representation and in the case of lower house recommendation was to be given on the basis of population, it means that if a province have more population it will have more representation and in that case East Pakistan had more population than West Pakistan and it had more representation in the lower house. So for as powers were concerned powers were equally divided between the two houses that meant that both houses had same kind of powers

4. Cabinet and the PM were to be answerable to both houses of the parliament.

5. In this way it tried to provide certain basic principles, however this report was silent on the issue of National Language what would be the National Language of Pakistan the report was silent and it didn’t make any kind of recommendation.

Criticism:

When this report was presented to the Constituent Assembly there was criticism in the house and outside the house one basic criticism was on the issue of representation which was an important issue the constituent assembly had to deal with and here we see that on the question of representation there was a criticism that if you provide equal representation to all the units of a federation then the Western part had more representation because the western part had more units and there was only one unit in East Bengal. So the feeling was that the Western part would have more representation. Then there were couple of other issues that were raised in the constituent assembly with reference to the 1^st report. For example the issue of equal powers to both houses the general principle is that the lower house has more powers and the upper house has less powers that is the standard principle in the parliamentary system of govt but here both houses had equal powers so this was criticized and then the issue of national language that it should said something about national language.

Now keeping in view this criticism it was decided that the BPC will review the report in the light of points raise and criticism in the constituent assembly. So the constituent assembly deliberated on this so that the points raised in the constituent assembly and outside could be incorporated and the report is made more acceptable to the representatives. So it reviewed the recommendations and brought back the revised or the second report.

Second BPC Report 1952:

The 2^nd report or the revised report generally followed the same principles but it tried to accommodate the criticism made on the 1^st report and I will give you just one or two examples to illustrate my point that what kind of changes it made in the 1^st report.

1.    One issue was the question of representation how should different provinces of Pakistan one province in the Eastern wing and more than one province or the administrative units in the Western part should be provided representation. So the 2^nd report followed the principle of equal representation to both wings of Pakistan.60 members from the Eastern wing and 60 members from the Western wing or the Western part and then these 60 seats allocated to the western part were further divided among the different provinces of the western part. The same principles applied to the lower house 200 seats were given to the Western part and 200 seats for the Eastern part and then again the western seats were further divided among various provinces also different administrative units in the western part of Pakistan.

2.    More powers were to be given to the lower house the house which represents the people that was given more responsibility.

3.    It also emphasized that in Pakistan law making would be n accordance with the principles of Islam. This was in a way a reflection of the Objective Resolution where sovereignty over entire universe had been assigned to Almighty Allah and it was to be exercised by the state of Pakistan through the representatives of the people within the limits prescribed by Him and there would be no law which violates the principles and teachings of Islam.

4.    In order to facilitate that it was also decided that an advisory board comprised of 5 religious scholars was constituted who would advise on the matter of law making in accordance with the principles and teachings of Islam.

2^nd report was also silent on the issue of national language. However it definitely accommodated some demands, the issue of representation the fear that the East Pakistan would dominate West Pakistan was care off.

Criticism:

However there was criticism that why equal representation. In the case of the 1^st report some were saying equality and here some were saying why equality had been created. But the 2^nd report accommodated the issues that were raised in the 1^st report. This report was declared against the principles of federation. The West Pakistan favored equality only for upper house. While the report was being discuss there was a political crises in Pakistan.PM Nazimuddine was removed from his office due to this crises and the new PM Ch.Muhammed Ali became the new PM.

Third Report (Muhammad Ali Bogra Formula) 1953:

Ch.Muhammad Ali and his team deliberated on all the issues and prepared a report which s called as 3^rd report but generally in Pakistani history it is called as The Muhammad Ali Formula because MAB was the PM and under his leadership a new set of proposals was prepared which he represented to the Constituent assembly and therefore it is generally describe as the Muhammad Ali Formula for the constitution making.

This formula was presented in October 1953 revised the original proposals in the lights of the comments and criticism and it adopted a novel procedure for providing representation to different units of Pakistan. It decided that in the case of upper house there will be equal representation to all the units of Pakistan and for this purpose Pakistan was divided into five units’ one unit was East Pakistan and four units were in West Pakistan and each unit was given equal representation it means that in the upper house 10 members were from Eastern part and 40 members were to come from the four units of West Pakistan.

In the lower house more representation was given to Eastern part because that had more population than the western part. So according to this formula 165 seats were given to East Pakistan and from the western part the strength of the members was 135 and this was the application of principle of representation on the basis of population. So in this case the standard principle of federalism was followed that is in the upper house the units of federation were given equal representation and in the lower house the units are represented on the basis of population.

However there s a unique feature here although the standard principle of federalism is followed but whenever the parliament met in a joint session there was parity or equality between the two wings of Pakistan. Let me explain this in the case of Eastern Pakistan it had 10 members in the upper house and 165 in the lower house the total were 175.In the case of Western Part there were 4 units each sending 10 members and total 40 members and in the in the lower house West Pakistan was to send 135 members and total members from West Pakistan were 175, So it is the principle pf parity or equality when the parliament meet in a joint session.

There was another provision provided in this formula that although decisions were to be made by the majority vote but this decision could not be effective unless at least 30% of members from both zones vote in favour of this, So 30% members from both wings are required to have majority for any law making. In this way this proposal incorporated the principle of parity with inter dependence. Parity in a sense that in case of joint session both wings have equal representation.Inter dependence that 30% member from both wings are included in the required majority for any law making. So in other words one wing could not get it away what it wanted, it had to seek the support of the other side, so parity and interdependence are built in the system through this proposal.

Criticism:

This proposal provided for equal powers to both houses and they could also take up issues in joint session. This proposal was received with greater welcome however there was some criticism. There were certain points mentioned here by the members were, one issue was that it was providing for unreasonably complex process. You divide Western part into four units and Eastern part in one unit then the allocation of seats that is to be done parity at the joint session level and then 30% clause, so some people were saying and some newspapers were writing articles that this would become a complicated process. But generally this proposal was accepted although there was criticism over here and there in the parliament and outside the parliament.

Another issue that attracted some criticism was the issue of equal powers to both houses and some people were saying that since the lower house represents the people therefore lower house should have more powers but in this proposal both houses were given equal powers. Another significant measure during this period which facilitated the constitution making was the settlement of the language issue. In 1954 he Constituent Assembly of Pakistan decided that the Bengali and Urdu would be the national languages of Pakistan. This decision facilitated the constitution making process.

The acceptance of two languages helped to defuse the controversies that had emerged in constitution making. In this way this issue amicably settled to the satisfaction of most political leaders and political parties.

After this the Constituent Assembly devoted itself toward the making of the constitution and the drafting of the constitution started that is by the summer of 1954 all the basic principles had been agreed to by the CA and drafting had started and in fact by October 1954 good part of the constitution had been drafted by the committee or group of people ,constitutional experts, legal experts who were drafting the constitution, and it was assumed that very shortly the draft constitution would be presented to the constituent assembly that would deliberate on it discuss the draft and make changes if required and ultimately the constitution would be approved and it was expected that very soon Pakistan would have its own constitution.

However a sudden development in the same month October 1954 created a situation that delayed constitution making and that development was on 24 October 1954 GG Ghulam Muhammad decided to dissolve the CA of Pakistan exercising his powers as the GG.He argued that the CA of Pakistan had been dealing with the constitution for a long time, that the CA came into existence on Aug 1947 and this was Oct 1954 and his argument was that this CA was not able to make the constitution and it had make the constitution making a perpetual process therefore he could use his powers to dissolve the CA,that mean that the whole effort to make the constitution came into a standstill. Dissolution of the CA also meant that the govt of PM Muhammad Ali Bogra came to an end but the GG asked him to set up a new govt which included some old ministers and some new ministers and in this way constitution making was delayed.

One result of this dissolution of the CA of Pakistan by the GG was that this matter was taken to the superior judiciary foe adjudication; the president of the CA at that time Maulvi Tameezuddin moved the case first to Sind chief court and then to the federal court of Pakistan and this was known as the Tameezuddin case. This legal and constitutional battle in the Sind chief court and then in the federal court went on for several months and the federal court through various judgments which it gave from time to time and also through its advisory opinion which the federal court gave to the GG during the same period the ultimate decision or the resolution was that the GG was able to get a away with the dissolution of the CA of Pakistan but the federal court directed that the new CA will have to be elected.

GG could not nominate anybody but it had to be elected therefore by keeping in view the judgment of the federal court and the advisory opinion of the federal court the govt of Pakistan decided to hold new elections for the 2^nd CA.These elections were indirect that were held in June and July 1955 and the 2^nd CA started its session in July 1955.In the case of 2^nd CA two things were different from the 1^st CA.In the 1^st CA the ML was the majority party while in the 2^nd CA no political party had an absolute majority and in the case of 2^nd CA the membership was 80 out of which 40 from East and 40 from West Pakistan so in a way it was a principle of equality and parity.

The 2^nd CA took up on its task of framing the constitution of Pakistan and in order to deal with this issue the 2^nd CA did not start from the beginning, it could make use of all the work done by the earlier CA.It was in a way building on what the 1^st CA had done. The important step taken by the 2^nd CA was the integration of the province of West Pakistan and it is also known as the One Unit Scheme for Western Pakistan. In the case of West Pakistan there were 3 provinces, Balouchistan was not a full province but a different administrative unit, other than these 4 major units there were princely states, what was done in 1955 that all these administrative units in the West Pakistan were integrated into the province of West Pakistan.

Smaller administrative units were abolished all the provinces and units in West Pakistan lost their separate identity and were integrated into West Pakistan. So this is or what is called as the One Unit Scheme for West Pakistan and because of this there were only two provinces in Pakistan East Pakistan and the West Pakistan and in this way the issue of representation was resolved, although in the smaller provinces and units of West Pakistan there was criticism of setting up of this integrated province of West Pakistan.

Nevertheless, this integration in the constitution making process in Pakistan and after that the CA began to deal with the constitution, it discuss the constitution and the draft of the constitution was released for the CA and for the public at large on 8^th January 1956 that is the draft text of the constitution. This text was discussed in the CA, outside the CA and then the CA approved the constitution on 29^th Feb 1956.The next stage in the making of the constitution was the approval of the constitution by the GG of Pakistan, that is his signatures were required and at that time Sikander Mirza was the GG of Pakistan and on March 2^nd ha signed the constitution that has been approved by the CA and in this way it became the constitution of Pakistan. This constitution was enforced on 23^rd March 1956 and it replaced the Interim Constitution of Pakistan that was introduced in Pakistan in Aug 1947.In this way the long run effort to make the constitution of Pakistan was successful in giving this country a constitution of its own which became operative on 23^rd March 1956.

OBJECTIVE RESOLUTION OF 1949:

The Objectives Resolution was the first constitutional document that proved to be the ‘foundation’ of the constitutional developments in Pakistan. It provided parameters and sublime principles to the legislators. It made the constitution-making process easy task setting some particular objectives before them that would be acceptable to the people of Pakistan who had suffered a lot under the Hindu-dominated majority. The Resolution was moved by Liaquat Ali Khan, the then Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949.

The Constituent Assembly (1947-54)

First, we will take up the first aspect that is the Constituent Assembly of Pakistan. We are briefly talking about the Constituent Assembly of Pakistan because it was this first constituent Assembly of Pakistan that passed the OR of March 1949. The first Constituent Assembly came into existence under Indian Independence Act 1947at the time of independence; however its roots can be traced back to the 1946 when the elections for the constituent assembly for United India were held in July 1946 to decide the destiny of the All India Muslim League (AIML)’s claim that it is the only representative party of the Indian Muslims that desire separate homeland, Pakistan. The Constituent Assembly held its first meeting on 9^th, December 1946. The ML did not participate in the elections because it demanded separate Constituent Assembly for Pakistan.

When Indian Independence Act came in July, 1947 in the light of the June 3^rd Plan, the First Constituent Assembly came into existence; it comprised the members of the old Constituent Assembly from the Districts that became part of Pakistan. Originally there were 69 members but later on 10 more members were gradually inducted in order to provide representation to the princely states that had exceeded to Pakistan and also to people who had migrated to Pakistan from India. So its strength went up to 79 but actually it was less than that because some members’ dies and some members left for India so its actual strength went down slightly from 79. In this Constituent Assembly there were two major political parties, The ML which had led the movement for the establishment for Pakistan. The other major party although much smaller than the ML was the Congress party and its members were from East Pakistan at that time. There were also couple of other members who were not part of ML, however these two political parties were significant especially the ML.

Functions of the Assembly:

This constituent assembly performed two functions, the first function was constitution making, so it would at that time act as the constituent assembly,

And the 2^nd function which it performed was Law Making which means that it would also make ordinary laws for the state of Pakistan,

So in other words it was performing 2 functions constitution making when it was called as constituent assembly and when it is performing the function of law making then it was called as the legislative assembly but the title was the Constituent Assembly of Pakistan. It is this Constituent Assembly that passed the OR that we are going to discuss very soon.

The first constituent assembly of Pakistan that came into existence at the time of Independence in August 1947 lasted until October 1954. In October 1954 the first constituent assembly was dissolved. So the first constituent assembly of Pakistan remained in office for little over seven years. This was the first constitutional document which served as the foundation of the constitution sets out the parameters and identified the goals and the objectives which the framers of the constitution wanted to achieve.

The OR was moved by Liaquat Al Khan who was the PM of Pakistan at that time and the constituent assembly debated this resolution in at least five sessions. They deliberated this in great details on all clauses and provisions and on March 12, 1949 this OR was adopted by the constituent assembly of Pakistan.

The objective resolution:

FEATURES:

1.       Sovereignty:

Sovereignty over the entire universe belongs to Almighty Allah alone.

2.       A sacred trust:

The 2^nd principle is an extension of the first which says that 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.

3.       The constitution:

The Constitution will be framed for sovereign, independent state of Pakistan.

4.       The representatives of the people:

The state shall exercise its power through the representatives of the people.

5. Principles of Democracy, freedom, equality, tolerance and social justice as enunciated by Islam will be fully observed.

6. Islamic principles:

Muslims shall be enabled to organize their lives in accordance with the teachings and requirements of Islam as set out in the Quran and the Sunnah.

7. Minorities:

The 7^th principle outlined in the OR of March 1949 is that the minorities will have freedom to freely profess and practice their religions and develop their cultures.

8. Human rights:

The 8^th principle is very similar to the 7^th that says Provisions for safeguarding the legitimate interests of minorities, backward and depressed classes. So in addition to the minorities the OR was also talking about the backward and the depressed classes.

 9. Federation:

Pakistan shall be a Federation with autonomous units.

10. State’s sovereignty:

State’s sovereignty and territorial integrity will be protected.

11. International norms:

People of Pakistan should have an opportunity to prosper and to attain their rightful place in the comity of nations and make contribution towards international peace progress and happiness of humanity.

Comments

These 11 principles are in brief principles of the OR and these serve as guidelines for constitution making in Pakistan. The principles enunciated in the OR are also in a way aspiration the desires, goals and the objectives for which the constituent assembly was to frame a constitution that is to say that the Pakistani polity or the Pakistan political system was to move in the direction of achieving those goals outlined in the Objective Resolution. You can say the same thing in other words that the constitution that was to be framed by the constituent assembly was to reflect the principles outlined in the Objective Resolution.

EXPLAINATION AND IMPORTANCE:

The first principle which comes after the opening Bismillah is the Resolution declared the sovereignty of God as the distinctive political philosophy and the primary feature of the Islamic political system that the God Almighty is the source of authority and power for the whole Universe. This notion that the authority or the sovereignty belongs to Allah is different from the notion that is practiced in the Western Democracy. The Western democracy gives the notion that sovereignty lies in the people but this Resolution is important having the concept of the sovereignty of God. It clarified that people would utilize powers gifted by God so they would have to work within the limits prescribed by Him which is the source of ultimate power and authority in this World. The Objective Resolution and later on the all the constitutions of Pakistan recognized this principle. In fact, this sentence that the sovereignty belongs to Almighty Allah is incorporated in all the constitutions of Pakistan. The exercise of the powers is a sacred trust.

The next line which we have outlined while discussing the principles is an extension of this principle, when you say sovereignty belongs to Almighty Allah, a logical follow up is that the power and the authority that is to be exercised by the state of Pakistan or those who will be exercising power in the name of the state of Pakistan will have to function within the limits prescribed by Allah. They can’t violate His command and principles which have to be followed at all times and this job of exercising authority or power is a sacred trust. Nobody, any leader or institution can claim that his power or authority belongs to him or her. It is a responsibility and an obligation and as an obligation it is a sacred trust because ultimate power belongs to Allah and if you are exercising it then it would be a trust on you, it is your duty not your personal power.

Another important principle that comes out of the OR is the institution of representation. In the principles which I have outlined it is very clearly stated that the powers would be exercised through the representatives. It is not that some body can grap power and claim that the power to his or her. The system of representation is provided for in the OR. Those people who will exercise the power as a sacred trust will be representatives of the people. In other words he OR provides for a democratic and a representative system. It provides excess of power to the people through their representatives therefore the principle of representation is of vital importance and significance. It is understandable that this principle was incorporated in the Objectives Resolution. If we go back to the Independence period we will find that the ML while striving for the establishment of Pakistan was claiming to be the representative of the Muslims and through 1946 elections it established its credentials as the sole representative body of the Muslims and that principle is reflected here.

There is another principle that we have discussed which stresses on the modern notions of democracy, freedom, equality and social justice. The representatives of the people of Pakistan will manage the affairs under the universal ideology of democracy, freedom, equality, tolerance, and social justice with the spirit of an Islamic framework. These principles are the foundation and bases of any civilized political system. Islam also provides for these kinds of principles. In fact, equality, tolerance and social justice have been the characteristic features of Islam. Therefore here the OR was combining the two and that’s why it says that these principles will be implemented as enunciated in Islam. In other words this principle describe the modern notion of state governance like representation and then the principles of democracy and equality which are find in both and the OR has emphasize Islam because in the period of pre-independence Muslims of this Sub-Continent were defining their national identity with reference to Islam, Islamic culture, heritage and civilization and you can see the reflection of both in the Objectives Resolution.

There is an other principle which is emphasized in the Objectives Resolution that is the enabling class; the OR says that the state would create conditions to enable the Muslims to organize their lives with the principles and teachings of Islam as set out in the Quran and the Sunnah which are the main sources of guidance and inspiration for the Muslims all over the World.

Now here the OR is talking about the enabling role of the state that the state would facilitate and help and would create such conditions where Muslims will be in a position to lead their lives in accordance to the principles and teachings of Islam. Here the element of question has been excluded, state is not forcing the people but enabling them, this enabling principle whereby you facilitate is in line with the principles of Islam which does not believe in use of coercion and force in the religious domain. Therefore, it becomes the obligation of the state to create positive and helpful conditions and environment.

In addition to this the OR also talks about the minorities, the framers of the resolution were fully conscious that Non-Muslims are also citizens of Pakistan. The Resolution pledged to give the due respect and rights to the minorities, backward and depressed classes in the benign society of Pakistan. Their rights, interests, religion and culture were not confuted. We have seen in the principles that the resolution also talks about the religious minorities. Those sections which for some reason cannot move along with the other sections of the society and for religious minorities it provides them full freedom to profess and practice their religions. They are free to go to their religious places and to follow their religious practices and in addition to this they were also assured facility to promote their cultures and similarly, the OR shows much concerns about the need to help the backward classes and also depressed classes and what should be their rights and how their rights, interests and religions could be protected. This also reflects one of the primary teachings of Islam, the teachings which emphasize tolerance and which give freedom to Non-Muslims to follow their own religious practices and cultural norms and this principle is clearly reflected in the OR and also in the subsequent constitutions that were made in Pakistan.

Another important principle is related to the federal structure of the govt that Pakistan will be a federal state and where its units and in case of Pakistan its units are called provinces. The constituent units of Pakistani federation will enjoy autonomy and within the defined field the provincial govts or administration of the units of the federation will have power to do and handle their own affairs. The introduction of system of federation was understandable, in a diversified system is more workable and again if we look at the political legacy of Pakistan, if we go back to the period of freedom movement, we will find that during that time the ML was demanding a federal system with autonomy to the provinces. The idea was that if there is a federal system and autonomous provinces then in the provinces where Muslims are in a majority they will be free to handle their own affairs, therefore ML was demanding a federal model with autonomy to the provinces until 1940. It was in 1940 that the ML demanded partition of India and establishment of a separate state.

So, after the attainment of independence it was natural, it was understandable that the Ml and the members of the constituent assembly will go for a federal model with autonomy to the provinces. All the constitutions of Pakistan incorporated this principle, principle of federalism and autonomy for the provinces.

Another important principle of significance and relevance is the emphasis on the protection of Pakistan’s sovereignty and territorial integrity and this is one of the primary functions a govt have to perform because if you can’t protect state sovereignty and if you can’t defend the territory of the state that state disappears. In fact, the security and the protection of its territory is the primary function of any state or any govt of a state, therefore this principle has been incorporated in the Objectives Resolution.

You have seen in this discussion that the OR was carefully prepared and it incorporated certain principles which were to serve as the foundation of the constitutional and the legal and the political structure that was to be created in Pakistan. When the OR was moved in the constituent assembly of Pakistan in March 1949 a no. of non Muslim members who were members of the Congress raised couple of objections.

Objections by Non-Muslims

In fact, these were the fears that they had in their minds and they raised those issues in the constituent assembly which were thoroughly debated by Muslim members as well as by the non Muslim members. The major objection by the Non-Muslims was that this OR was trying to mix the religion and politics that was against the spirit of democracy and from their perspective that needed to be separated. Actually, this is what happened in the Europe but that does not mean that it should happen everywhere. In case of Islam you cannot really draw clear lines between the two domains as describe by the European political thinkers that the state and the religion and here in this case Pakistan and the Islam. This objection was ruled out because the Muslims of this Sub Continent had defined their identity with reference to Islam and there was a general census that the state of Pakistan will have relationship with the parameters and principles which they have used to defined their identity and then demand a separate state.

The other point raised by the non-Muslims was that they objected on the ‘Sovereignty of Allah’ and minorities’ rights, they were saying that the sovereignty will have been with the people with God it may be too extract; also saying it would promote inequality in the society. Again it was explained in and outside the constituent assembly that this is the cardinal principle of Islam and this does not mean that some individuals or some group would claim to exercise that authority in the name of God. The framers of this resolution were not talking about theocratic or religious state. The authority was to be exercised through the representatives not through a particular class and the only limit was that those representatives had to exercise that authority within the limits prescribed by Allah in the Quran and the Sunnah and this job of exercising power was a sacred responsibility and it was a trust. Otherwise people could elect anybody and they could exercise that authority within certain parameters. They were also of view that Shariah was not adequate for the modern time. They feared that it would encourage the religious extremists to work for the establishment of a ‘theocratic state. ’Theocratic is basically mean where a particular class of people can rule the state in the name of religion or the priesthood or the religious scholars would rule and that kind of notion does not exist in Islam. Therefore, when Liaquat Ali Khan and other people were talking about the Islamic state or a state based on the Islamic principles, they were not talking about a theocratic state. In fact, Liaquat Ali Khan and others who were in the constituent assembly repeatedly said that Pakistan is not going to be a theocratic state but it is going to be a modern democratic state which work within the limits prescribed by God Almighty who is the ultimate source of authority and ultimate source of power, power ultimately belongs to Allah not to a particular class, section or group of people, who so ever exercises power is exercising as a responsibility.

IMPORTANCE:

The Objectives Resolution is a basic and primary document of the constitutional history of Pakistan. It is a framework that provides mechanism to achieve goals for a better life of the people of Pakistan. Whenever we discuss history of constitution making even history of politics OR is very important. It’s important that it embraces centrality of Islam to polity sustaining their links with the pre-independence period and the post independence period. The AIML leaders were modernist Muslims not in favour of an orthodox religious state. Therefore, they selected the middle way abiding by the Islamic laws and the international democratic values. The Resolution remained ‘Preamble of all the constitutions due to its importance. And during the period of General Zia-ul-Haq OR was incorporated in the constitution of Pakistan as the article 2-A.

FOREIGN POLICY OF PAKISTAN:

INTRODUCTION

No country today can think of a life independent of other nations.Every country has to develope relations with other countries so as to meets its requirements in economical,industrial and technological fields.It is thus necessary for every country to formulate a sound foreign policy.Pakistan is an important third world country in its developmental stage.It also has formulated her foreign policy keeping in mind its geoghraphy ,politics and economics.
DEFINITION OF FOREIGN POLICY

Foreign Policy can be defined as :
"Relations between sovereign states.It is reflection of demestic politics and an interraction among sovereign states.It indicates the principles and preferences on which a country qant to establish relations with another country."
PAKISTAN'S FOREIGN POLICY IN LIGHT OF QUAID-E-AZAM'S WORDS

The father of the nation,Quaid-e-Azam defined Foreign Policy towards other countries of the world in 1948,as follows:
" Our Foreign Policy is one of friendliness and good-will towards all the nations of the world.We do not cherish aggressive designs against any country or nation.We believe in the policy of honesty and fair play in national and international dealings and are prepared to make our outmost contribution to the promotion of peace and prosperity among the nations of the world.Pakistan will never be found lacking in extending its material and moral support to the oppressed and suppressed of the United Nations Charter."
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BASIC GOALS OF PAKISTAN'S FOREIGN POLICY

1.Maintenance of territorial integrity.
2.Maintenance of its political independence.
3.Acceleration of social and economic development.
4.Strengthening its place on the globe.
5.Keeping cordial and friendly relations with all countries.
GUIDING PRINCPLES OF PAKISTAN'S FPREIGN POLICY

Following are the principles of Pakistan's Policy:
1.Protection of freedom and soveregnity

Pakistan came into being after great sacrifices of million of Muslims ,like any other country,she also considers with deep regard the need for preservation of its independence and does not allow any country to harm its freedom .Therefore,the principle of protection of independence and sovereignty is the corner stone of Pakistan's Foreign Policy.
2.Cordial Relations with Muslim Countries

Pakistan always tries to establish cordial and friendly relations with Muslim countries.It has always moved its concern against Israel,India and U.S.S.R capturing Palestine,Kashmir and Afghanistan respectively.She has shouldered high responsibilities and used her influence for safeguarding the rights of the Muslims.Pakistan is also an active member of the Islamic Conference.
3.Non Interference in Internal Affairs of Other ountries

Pakistan has sought to establish normal and friendly relations with all countries especially its neighbouring countries,on the basis of universally acknowledge the principle of national sovereignty,non use of force,non-interference in the internal affairs of state.
4.Implementation of U.N Charter

Pakistan's policy is to act upon UN Charter and to support all moves by the UN to implwmwnt it.Pakistan has been the member of UN since the year of its birth.
5.Promotion of World Peace

Pakistan policy is to promote peace among nations.It has no aggresive designs against any country.Neither does it support any such action.Pakistan has always held that the international disputes should be settled through negotiations rather than non-battlefield.
6.NON-ALIGNMENT

Pakistan follows the policy of Non-Alignment i,e to keep away from alignment with any big power bloc and avoids taking sides in the cold war.It has also given up its association with SEATO and CENTO and was included in NAM in 1979.
7.Support for Self-Determination and Condemnation of Racial Discrimination

Pakistan is a staunch supporter of the right of self-determination and has been in the fore front of efforts to eliminate colorialism.It has advocated the right of self determination of Kashmir.
CONCLUTION

The guiding principles of Pakistan's Foreign Policy are rooted in the country's Islamic ideology,its rich cultural heritage and historical experience.As an Islamic and non-aligned country,Pakistan supports Islamic caouses and firmly upholds the above mentioned principles,which hold out the promose of a just and equitable world order in which nations can live in peace and security.

TOOLS OF FOREIGN POLICY:

The term foreign policy refers to a state’s international goals and its strategies to achieve those goals. Foreign policymakers follow the same five steps with which public policy gets made:

1.     Agenda setting: A problem or issue rises to prominence on the agenda.

2.     Formulation: Possible policies are created and debated.

3.     Adoption: The government adopts one policy.

4.     Implementation: The appropriate government agency enacts the policy.

5.     Evaluation: Officials and agencies judge whether the policy has been successful.

Unlike domestic policy, however, foreign policymaking usually involves fewer people and less publicity. In the United States, the president serves as the chief diplomat and is charged with running American foreign policy. The president employs three tools to conduct foreign policy:

1.     Diplomacy

2.     Foreign aid

3.     Military force.

DIPLOMACY:

Diplomacy is the act of dealing with other nations, usually through negotiation and discussion. Diplomacy involves meetings between political leaders, sending diplomatic messages, and making public statements about the relationship between countries. The American president, for example, often hosts leaders and chief diplomats of other nations at the White House in order to discuss a variety of issues. Most diplomacy occurs behind the scenes as officials hold secret negotiations or meet privately to discuss key issues.

APPROACHES TO DIPLOMACY:

States generally pursue diplomacy in one of three ways:

·         Unilaterally: The states acts alone, without the assistance or consent of any other state.

·         Bilaterally: The state works in conjunction with another state.

·         Multilaterally: The state works in conjunction with several other states.

There are pros and cons to each of these three approaches. Acting unilaterally, for example, allows a state to do what it wants without compromise, but it must also bear all the costs itself. Acting with allies, on the other hand, allows a state to maintain good relations and to share the diplomatic burden, but this often requires compromise.

es often help each other to improve relations and achieve their own foreign policy objectives. There are two types of foreign aid:

1.     Military aid: States donate, sell, or trade military equipment and technology to affect the military balance of power in certain key regions of the world

2.     Economic aid: States donate or loan money to other counties to boost economic development.

MILITARY FORCE:

In some cases, states use military force or the threat of military force to achieve their foreign policy objectives. The use of military forces often involves stronger states pressuring weaker states to get what they want.

Example: The practice of forcing a weak state to comply with a stronger state via the threat of force is sometimes called Finlandization. In the final days of World War II, Finland reached a peace agreement with the Soviet Union. Even though both countries knew that the Soviets could have easily overwhelmed the Finns, neither wanted war, and the Soviets preferred to use their military elsewhere. The terms of the peace treaty basically gave the Soviets everything they wanted, so much so that Finland almost became a puppet of the Soviet Union.

DETERRENCE:

Deterrence refers to the build up of military force as a threat to warn another state not to pursue a particular course of action.

Example: Throughout the Cold War, the United States relied on the strength of its nuclear and conventional weapons to deter the Soviet Union from invading western Europe.