Government of India Act 1935, Democracy, Tolerance, Provided food Basic Health Facilities

 

STEPS TOWARDS AN ISLAMIC REPUBLIC OF PAKISTAN

 

BACKGROUND:

After partition of India in the year 1947, the Government of India Act 1935was adopted, with necessary amendments, as the interim constitution of the newly established state of Pakistan. But this was just a temporary arrangement and a permanent constitution was urgently required. The Muslim masses had reposed trust it the Muslim League mainly because the party was committed to establishing a state based on the principles of Islam.

But unfortunately, a strong group of the members of the Constituent Assembly wanted to model Pakistan on western lines, disregarding our cultural and religious values and norms. The Quaid-e-Azam repeated it time and again that the future constitution of Pakistan shall be framed on the basis of the principles laid down in the Holy Quran and the Sunnah.

Eminent Ulama joined hands to motivate public opinion in favour of an Islamic constitution, people rallied around them in great numbers and this campaign soon developed into a massive popular movement. It was under these circumstances that the Constituent Assembly adopted the famous ‘Objectives Resolution’ on March 12, 1949. The resolution was moved in the Assembly by the first Prime Minister Nawabzadah Liaquat Ali khan.

The Objectives Resolution

SALIENT FEATURES:

Sovereignty of Allah:

The Resolution affirms that the sovereign (ruling) authority belongs to Almighty Allah Alone.

Democracy:

Power to rule the state has been delegated by Allah to the people of Pakistan, it is a “sacred trust” and the people of Pakistan shall exercise their authority strictly in accordance with divine injunctions. Power of the state shall be exercised through the chosen representatives of the people.

Islamic Conduct of State:

Islamic principles of democracy, freedom, tolerance and social Justice shall be observed.

Promotion of Islamic Way of Life:

The state will enable the Muslims to model their lives in accordance with the teachings of the Quran and Sunnah (i.e the model set by Hazrat Muhammad Rasool Ullah (P.B.U.H).

Safeguard of Minority Rights:

The non-Muslim will be guaranteed all fundamental human rights. Particularly the rights of their religious and cultural development.

Independence of Judiciary:

In accordance with the Islamic principles the judiciary shall be made totally independent of the executive and the legislative organs of government.

Safeguards of Fundamental Human Rights:

All Fundamental rights of the citizens like freedom, equality, ownership of property, freedom of expression, faith, worship and formation of associations shall be safeguarded and no citizens shall be denied any of these rights.

SIGNIFICANANCE AND IMPACTS OF THE OBJECTIVES RESOLUTION

  • It clearly stated that Pakistan shall be an Islamic Republic.
  • Under the Objectives Resolution the state of Pakistan, for the first time, officially proclaimed Islamic social order to be its ultimate objective, and it clearly stated that Islamic injunctions shall serve as guiding principles for constitution making.
  • The objectives Resolution exhibited national consensus and it was endorsed by the Ulama form all schools of thought.
  • The Resolution was made a part of the preamble in all the successive constitutions of Pakistan.
  • Preambles are not, generally, justifiable parts of the constitutional documents, being recommendatory in nature these are not legally binding and cannot be invoked before the courts of law. In order to give the Objectives Resolution a legal status it was made a part of the text of the constitution under eighth amendment.

 

Islamic Provisions of the 1956 Constitution

Sovereignty of Allah:

The Objectives Resolution was incorporated in the Preamble of the Constitution. The Preamble said that the sovereign authority of the Universe belongs to Almighty Allah. Power to rule the state is a sacred trust entrusted to the people of Pakistan by Allah Almighty.

Islamic Republic:

For the first time the state was proclaimed an Islamic Republic and it was given the name of the Islamic Republic of Pakistan.

Muslim Head of the State:

Under the Constitution only a Muslim could be elected as president of the Islamic Republic of Pakistan.

Democracy, Justice, Liberty, and Equality:

The Preamble said that the Quaid-e-Azam envisioned Pakistan as a democratic state based on the Islamic principles of social justices, liberty, and equality. The state of Pakistan shall enable its citizens to model their lives in accordance with the tenets of Islam.

 

INITIAL PROBLEMS OF THE ISLAMIC REPUBIC OF PAKISTAN & Cyril Radcliffe Boundary Line Partition FOR GRADE 11 & 12

INITIAL PROBLEMS OF THE ISLAMIC REPUBLIC OF PAKISTAN

 

BACKGROUND:

Under the 3rd June Plan (1947) provincial assemblies were given an option to join either of the two states (Pakistan or India). Over whelming majority of the members in the Punjab and Bengal assemblies decided to join Pakistan. Since members of the non-Muslim majority districts in these provinces voted for partition of their respective provinces, separate commissions were set for the demarcation of boundaries in the two provinces with Cyrill Radcliffe a British lawyer, as the joint chairman of both commissions.

Partition was conducted in a way which manifested naked bias and injustice towards the Muslims. The Quaid-e-Azam had proposed that the task of demarcation should be entrusted either to an impartial commission appointed by the United Nations or to the members of the British ‘Privy Council’ (the highest British court.) The proposal was turned down by the British government. Viceroy Lord Mountbatten had very close friendly relations with the Congress leadership and was a great sympathizer of the Congress point conditions prevailing in the sub-continent; Cyril Radcliffe had never set foot on the Indian the most suitable person he could easily influence.

The Muslim League did not favour the partition of the provinces, but if at all it was inevitable it would have been carried out in the light of the principles stipulated by Mountbatten himself. At one time he had said that Gurdaspur and Firozpur, and Tehsils of Zira and Fazilka will form part of Pakistan.

Radcliffe Award and Its Injustices

Radcliffe amounced his Award, on the demarcation of boundaries, on August 17, 1947 following provisions of the Award were unjust from Pakistan’s point of view;

Flouting the pronounced partition principles in the Punjab; district Gurdaspure and Ferozpur Zira and Fazilka Tehsils were given to India. In the eastern part, the city of Clacutta (now Kolkata), district of Murshidabad and the Nadia areas were annexed with India without any justification. On all these areas Pakistan had a claim as its natural parts under the partition norms.

Radcliffe had finalized his task up till August 8, 1947. A member of the Boundary Commissions Justice Muhammad Munir, later disclosed that in his original plan, Radcliffe had agreed to include Ferozpur, Zera, a prat of Tehsil Fazilka and the Ferozpur Headwork’s in Pakistan, but Surprisingly when the Award was announced on 17th of August, all these areas went to the Indian share, Observers believe that this was done on Mountbatten’s insistence.

Apart from these areas ‘The Pakistan Times’ indicated injustices done in certain areas, for example Tehsil Batala was a 55 percent Muslim majority area, the city of Batala had a nice industrial base, mainly dominated by the Muslim industrialists. Similarly, Tehsil Ajnala and the Amritsar district had sixty percent Muslim majority, all these areas were given to India.

Results of the Injustices done in the Partition

The Kashmir Issue:

First seeds of the Kashmir problems were sown by the Radcliffe Award. Inclusion of Gurdaspur gave India an access to Kashmir, the only land routes that connected India with Kashmir passed through Pathan Kot, a Tehsil of district Gurdaspur. If Gurdaspur were not made part of India there would be no land access for India to reach Kashmir.

The Fate of Calcutta:

Calcutta (now Kolkata) was the largest industrial city in India Population of the city contained 25 percent Muslims and 60 percent outcast Hindus (Achhoots). Achhoots wanted their city to be included in Pakistan; Radcliffe gave the city to India against the will of the citizens of Calcutta.

Problems Created by the Migration:

Decision of partitioning the Punjab was sudden and unexpected. Large numbers of the Muslims had to be evacuated from the East Punjab for which no arrangements had been made. On their way to Pakistan hundreds of thousands of refugees were attacked, maltreated and assassinated by the Sikh militants. This blood drenched migration brought untold misery and sorrow and created innumerable economic and cultural problems.