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The Role of Opposition in Constitution- Making: Debate on the Objectives Resolution

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The Role of Opposition in Constitution- Making: Debate on the Objectives Resolution The Role of Opposition in Constitution- Making: Debate on the Objectives Resolution Kausar Parveen The Objectives Resolution is an important document in the history of constitution-making in Pakistan as it was a preamble of the Constitution of 1956, the Constitution of 1962, and the Constitution of 1973. In 1985, president Zia-ul-Huq made it a part of the Constitution of 1973 with the Eighth Amendment. The religious parties and scholars consider it very significant as it proclaims the sovereignty of God Almighty whereas minority communities and liberals in Pakistani society consider it a potential danger for freedom, peace and democracy; they fear it may lead to authoritarianism and clerical rule in the country. The process of framing of such document is very important as the Opposition at that time belonged to a minority community vigorously concerned about the consequences of the document. This article examines the discussion on the Objectives Resolution in the first Constituent Assembly of Pakistan and analyses to what extent the fears of the Opposition were genuine and to what extent the Government of the day addressed them. The First Constituent Assembly1 was a sovereign body. It functioned from 1947 to 1954 and involved two major parties. The Pakistan Muslim League (PML) was the official party representing the Government’s point of view. The Assembly had initially forty-nine out of a total of sixty-nine seats but later it had sixty out of an enlarged membership of seventy-nine. The other party was the Pakistan National Congress (PNC), which had eleven members, all Hindus from East Pakistan. The The Role of Opposition in Constitution-Making 143 members of the PNC actively participated in the deliberations on the Objectives Resolution and forwarded many amendments to its text. It is relatively important to review these amendments as these were offered by the Opposition who belong to a minority community. When the PML government started working on the details of the new Constitution of Pakistan, it faced considerable problems and demands. The most important and immediate was the demand to pronounce Pakistan as an Islamic state. The groups of Ulema in the Government, i.e., Maulana Shabbir Ahmad Usmani, the President of the Jamiat-al- Ulama-i-Islam (JUI), Pir of Manki Sharif in the NWFP, Maulana Akram Khan, the President of the East Pakistan Provincial Muslim League, and outside the Government i.e. Jamaat-i-Islami (JI), constantly urged the Government to declare Pakistan an Islamic state and to base the future constitution on Islamic principles. Maulana Maududi, the Amir of JI presented following four points and demanded that the future constitution should be based on these principles: (i) that we Pakistanis believe in the supreme sovereignty of God and that the state will administer the country as His agent; (ii) that the basic law of the land is the Shariah which has come to us through our Prophet Muhammad (SAW); (iii) that all such existing laws as are contrary to the Shariah be gradually repealed and no law contrary to the Shariah shall be framed in the future; (iv) that the state, in exercising its powers, shall have no authority to transgress the limits imposed by Islam.2 The demand for an Islamic state and the attitude of the Government and the Opposition in the early period cannot be understood without probing deeper into its historical context. The All India Muslim League was a party of moderate Muslims. But in the representative system of government, it had to get votes to prove being a representative of the Muslim community. It adopted the strategy to use religious and cultural symbols and slogans in mobilizing the illiterate masses, which could be easily attracted to the name of Islam to gain an independent state. The Muslims rightly understood the slogan of an Islamic State in terms of a welfare state where their problems would be 144 Pakistan Vision Vol. 11 No. 1 addressed and they would live a happy prosperous life. The already existing deep cleavages of religion and culture between the Muslim and the Hindu communities were reinforced by advocating ‘two nation theory’. This created a pressure for the PML government immediately after independence to take steps towards establishing an Islamic state. But there was no consensus on details of the kind of nation and state going to be built in Pakistan. The ML leadership deliberately avoided discussions on issues to maintain unity among its ranks. Due to shortage of time, Quaid-i-Azam Muhammad Ali Jinnah was obliged to advise that ‘we shall have time to quarrel ourselves and we shall have time when these differences will have to be settled, when wrongs and injuries will have to be remedied. We shall have time for domestic programme and policies, but first get the government. This is a nation without any territory or any government’.3 The educated middle class who had led the movement was deeply divided, rather confused, on the future agenda. The liberals wanted to build a secular nation-state on Western model. Those ulama who had vehemently supported the Pakistan Movement, wanted to construct an Islamic state. There was also a small minority of leftists or Communists who yearned to make it a socialist state. These differences were dormant during pre-partition but soon erupted after the new state came into existence.4 Besides, the AIML could not devise any effective mechanism for settling regional claims within the party. For example the issue of centralization of power within the organization of the AIML and the question of national language were two critical issues, which remained unresolved. The successive constitutions of the AIML showed steady centralization of power in the hands of the central leaders who primarily came from the Muslim minority provinces. ‘There was a feeling of uneasiness, sometimes bordering on resentment among the leaders of the Muslim majority provinces that the AIML was dominated by leaders from the Muslim minority provinces’.5 Thus, the PML leadership lacked a popular base in the Muslim majority provinces.6 Being left their constituencies in India, they had little influence to exert on local politics and The Role of Opposition in Constitution-Making 145 politicians. In the new country they had to compete with the regional leaders that entered late in the ML a decade before independence and were powerful contenders of power having strongholds in provinces. Thus, being insecure and apprehensive, the PML leadership relied on the name of Islam to save them and to unite the nation in the face of gigantic problems. In a nutshell, the demand for an Islamic State was in line with objectives of the All India Muslim League (AIML) which were based on ‘two Nation theory’ and Islam. With the ideological consistency of its past, the PML urged the people to practice Islam to combat the threat of regionalism, war with India and strengthen the hands of the new Government to face the gigantic problems of partition.7 It is also important to review the vision of the founder of Pakistan Muhammad Ali Jinnah about the nature of state of Pakistan. After independence, in his presidential address to the Constituent Assembly of Pakistan, he assured the people of Pakistan that: You are free to go to your temples; you are free to go to your mosques or to any other place of worship in this state of Pakistan. You may belong to any religion or caste or creed__that has nothing to do with the business of the state...we are starting in the days when there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one state.... in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State. The founder of the state provided the guiding principle in the framing of the Constitution. Earlier, whenever Quaid was probed 146 Pakistan Vision Vol. 11 No. 1 on the question of Islamic state, he pointed towards the fact that Pakistan would be a Muslim majority country therefore, there will be a Muslim government and the people of Pakistan will frame the Constitution.8 Maluka asserts that ‘in emphasizing Islamic principles, Jinnah understood a society based on social justice, equality, brotherhood, religious tolerance, equity, justice, and fair play for everybody, regardless of colour, caste or creed’.9 It is a fact to be reckoned that the Objectives Resolution was not presented and passed in the Constituent Assembly during the life of Jinnah. The ‘Objectives Resolution’ asserting the ‘Aims and Objects’ of the future Constitution of Pakistan is considered the first step towards the framing of the first constitution of Pakistan. Prime Minister Liaquat Ali Khan moved the Objectives Resolution on March 7, 1949. During the debate, his emphasis was on the Islamic character of the constitution which was not in accordance with the views of Jinnah. Although, he claimed that his views were the same as those of the founder of the nation, yet he did not directly quoted Jinnah and never referred to Jinnah’s speech to the Constituent Assembly of 11 August, 1947 quoted above. Members from the PNC proposed that the Resolution be circulated for eliciting public opinion because it represented fundamental values on which the future constitution would depend, but the PML rejected this.10 The Hindu minority was apprehensive that the Islamic provisions as interpreted by the religious groups might go against the interests of the minorities.
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