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Constitution of Pakistan → Constitution of 1973 (The current constitution of Pakistan)
PREAMBLE OF 1973-CONSTITUTION
The constitutional achievement of Liaquat Ali Khan’s government was ‘Objective Resolution’ passed by the then parliament in 1949. This resolution was ample enough to elaborate the future constitutional policy of Pakistan. Thus, after two decades realizing its importance the government of Z. A. Bhutto adopted it to be made as the ‘Preamble of the Constitution of Pakistan 1973.’ We may say that this preamble is a collection of words indicating the principles used as guidelines by its framers.
Osborn Law Dictionary points out the meaning of ‘preamble’ to be ‘the recital set out in the beginning of some Act’. Black’s Law Dictionary reports that, ‘Preamble is a clause at the beginning of constitution or statute, explanatory for reasons of its enactment and the objects sought to be accomplished.’ Political thoughts of Aristotle unfold that he believed constitution to be “An arrangement of the magistracies in a state, especially the highest of all.” Judge Marshall in holding the decision of Marbury v. Madison case defined constitution, “It is a declaration of fundamental laws for the government of the state.”
NATURE OF PREAMBLE OF 1973-CONSTITUTION
Preamble of 1973-constitution is a key that opens the door to the rules and regulations of the state. As far as binding nature of this preamble is concerned it’s not legally enforceable.
SIGNIFICANCE OF THE PREAMBLE
Preamble to a constitution or statute helps in;
- Pointing out the basis of the law enacted
- Unfolding the objective of the law enforced
- Interpreting the provisions of the statue
- Providing an overview of the constitution
- A blend of historical endeavor and future policies about the subject of the law
- Preamble is the spirit of the constitution
WHAT PRINCIPLES THE PREAMBLE LAYS DOWN IN 1973-CONSTITUTION?
The principles used as guidelines in the preamble of the 1973-constitution play important role in shaping all its 280 provisions. These principles are discussed below;
(A) SOVEREIGNTY RESTS WITH THE LORD
The primary and fundamental principle mentioned in the preamble is a depiction of the Quran’s verse; “To Him (Allah) belongs the sovereignty of heavens and earth.” The country attained in the name of Allah’s dearest religion Islam endorses one of His principles in the introduction of its constitution in these words; “Entire Universe belongs to Allah Almighty alone.”
(B) DELEGATED AUTHORITY
Second, part of this principle notes that, “The authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust.” This phrase, where on one hand delegates a part of Allah’s sovereignty to the people of Pakistan there on other hand it also checks and circumferences it.
(C) DELEGATED AUTHORITY TO BE EXERCISED BY CHOSEN REPRESENTATIVES
Going coherent to the previous principle, here it has been explicitly stated that, “People of Pakistan shall establish an order wherein the state shall exercise its powers through chosen representatives of people.” Here, the preamble has secured two things; one, the democratic system and the other, obedience of the ruler choose by the masses.
(D) ESTABLISHMENT OF AN ORDER OF DEMOCRACY & ISLAMIC TRAITS
“Democracy, freedom, equality, tolerance and social justice” are the traits to be enunciated in the system purified by Islam. Not it’s all but the Muslims shall be enabled to ordain their lives in accordance with the teachings of this religion.
(E) SECURING THE ATMOSPHERE SUITABLE TO THE MINORITIES
Jinnah’s immense emphasis on the rights of minorities in the newly born Pakistan was still sounding in the parliament that framed ‘objective resolution’ which later became the Preamble of the law of land. It directs for the establishment of ‘adequate provisions to ensure the minorities their right to profess and practice their religions and develop their cultures.’ At another juncture it also hinted about ensuring legitimate interests for depressed classes and minorities.
(F) FORMATION OF FEDERATION
Pakistan shall be a federal state ‘wherein the units will be autonomous with boundaries and limitations as may be prescribed.’
(G) GUARANTEED FUNDAMENTAL RIGHTS
Preamble has ensured fundamental rights for its citizens and that’s why from Article-9 to Article-28 these have been guaranteed.
(H) INDEPENDENT JUDICIARY
Advancement of justice has always been a critical job and to make it simpler a judicial system without the impact of political hierarchy over it is to be built as said in the preamble.
(I) INTEGRATED PAKISTAN
Territories of Federal Pakistan shall be integrated to ensure the solidity and indivisibility of the nation.
(J) INTERNATIONAL PEACE, PROGRESS & HAPPINESS OF HUMANITY
Preamble has also emphasized on the role of people of Pakistan in international peace, progress and happiness of humanity.
PLEDGE MADE IN THE PREAMBLE
In the last part of the preamble, the masses of Pakistan have made a pledge which commences with the words; ‘We the People of Pakistan’ are cognizant of the responsibility before the Almighty and of the sacrifices made in cause of Pakistan. We are faithful to the declaration made by Jinnah that the state would be a democratic Islamic one and are dedicated to preserve it. Finally, they state that, through their representatives in national assembly, they ‘adopt, enact and to give to themselves this constitution.’