Lecture No= 05

Complete Notes

Ideology and Constitution of Pakistan.

 Lahore Resolution 1940

The Lahore Resolution, also known as the Pakistan Resolution, was a formal political statement adopted
by the All-India Muslim League at its session on 23rd March 1940, in Lahore. Proposed by A.K. Fazlul
Huq and backed by prominent leaders such as Muhammad Ali Jinnah, the resolution called for the creation
of independent states for Muslims in the north-western and eastern zones of India, where Muslims were in
the majority. This marked a significant shift in the League's policy, from seeking safeguards for Muslims
within a united India to advocating for a separate Muslim homeland. The Lahore Resolution laid the
foundation for the demand for Pakistan, galvanizing the Muslim population and significantly altering the
subcontinent's political landscape, ultimately leading to the partition of India in 1947.

Background

The Lahore Resolution has to be understood against the backdrop of mounting communal tensions
between Hindus and Muslims in British India. Several factors contributed to this estrangement:

o Marginalization of Muslims: Following the decline of the Mughal Empire, India's Muslims felt
increasingly excluded, both politically and economically, by a largely Hindu-dominated British
Indian administration.
o Separate Electorates: Separate electorates for Muslims were introduced by the British in 1909
and reinforced communal differences.
o Political Movements: All-India Muslim League was established in 1906 as an organization that
integrated growing concern for the political future of Muslims within this subcontinent.
o Two-Nation Theory: Thinkers like Sir Syed Ahmed Khan emphasized religion as a primary factor
of identity and put forward that Hindus and Muslims are two different nations.
o Congress-Muslim League Rift: Uneasy relations between Congress and the Muslim League,
marked by the exclusion of the League from ministry-making in many provinces after the 1937
elections, contributed to growing communal tension.
o Failed Attempts at Compromise: Efforts to mediate between the two communities, such as the
Nehru Report (1928) and the Round Table Conferences (1930-32), failed to resolve Hindu-Muslim
disputes.

The Lahore Session, 1940

The Lahore Session, dated March 22 to March 23, 1940, is one of the milestone events in the history of
the All-India Muslim League. The salient features of this session were as follows:

o Leadership and Strategy: The League explicitly put forth its demand for a separate land for the
Muslims under the undisputed leadership of Muhammad Ali Jinnah to safeguard the political and
cultural interests of the Muslims.
o Statement of Jinnah: Jinnah expressed the impossibility of Muslims living together with the
Hindus in a majority Indian set-up and said that "Hindus and Muslims are two different
civilizations."
o Support and Discussions: Delegates from all Muslim-majority provinces endorsed their support,
which paved the way for a single demand for separate states.

Salient Features of the Lahore Resolution

The Lahore Resolution had the following important provisions:

o Geographical Demarcation: It suggested the formation of "independent states" comprising those

areas which had large concentrations of Muslims in the northwestern and the eastern zones.
o Autonomy and Sovereignty: It believed that these would be autonomous and sovereign units in
order to avoid any further political marginalization.
o Minority Safeguards: Its demand was for appropriate and effective protection of the religious
minorities living within the proposed states so that the rights and interests of such minorities
were properly safeguarded.

Immediate Reactions and Responses to the Lahore Resolution

o The Indian National Congress: Congress flatly rejected the resolution, terming it a move aimed
at dividing the country and contradicting their dream of an undivided India.
o Muslim Reception: In the Muslim community, particularly in the proposed regions, it received
robust support by validating the quest among them for a separate nation.
o British Government: The Britisher were already under attacked of by World War II pressures,
read the resolution as yet another complication in their handling of Indian affairs. They adopted
a cautious approach, keen to preempt any escalation in communal violence.
o Public and Press: Domestic and international press opinion, like that of individual commentators
both inside and outside India, was sharply divided, ranging from unequivocal denunciations to
thoughtful sanctions of the principle of self-determination.

Long-term Consequences of the Lahore Resolution

o Foundation of Pakistan: Clearly, it laid down the demand for Pakistan as the foremost goal of the
Muslim League, culminating in the actual creation of Pakistan on August 14, 1947.
o Widening Communal Divide: This deepened further the already existing Hindu-Muslim divide, a
consequence post which communal riots and social disorder increased.
o British Policy: The realization of the complexity of the Indian political scene made them rethink
strategies and finally accept, in the Mountbatten Plan (1947), partition.
o Regional Security: Massive migrations and violence ensued, regional stability, and security were
affected.
o Legacies and Narratives: The resolution remains a subject of intense historiographical debates,
influencing academic and political narratives around nationalism and partition.

 The Interim Constitution of 1947

The Interim Constitution of 1947 of Pakistan was a temporary legal framework adopted by Pakistan
after it gained independence on August 14, 1947, following the partition of British India. It was a
crucial document for governing Pakistan during its early years, as the country navigated the transition
to a fully-fledged constitution. The Interim Constitution was in effect from August 14, 1947, until
March 23, 1956, when the first Constitution of Pakistan was adopted.

Key Features of the Interim Constitution of 1947 of Pakistan:

o Establishment of Pakistan: The Interim Constitution acknowledged Pakistan as a

newly independent state. It defined Pakistan as a Dominion within the British
Commonwealth, with the British monarch as the formal head of state, represented by
the Governor-General of Pakistan.
o Governor-General: The Governor-General was the representative of the British
Crown in Pakistan. Initially, Muhammad Ali Jinnah was the Governor-General, and
he played a crucial role in the country’s early political landscape. The Governor-
 General had executive authority, including the power to dissolve the legislative body
and exercise veto powers over laws.
o Constituent Assembly: The document established a Constituent Assembly tasked
with drafting the final constitution of Pakistan. This assembly also functioned as the
legislature during the interim period, with the power to make laws and set policies. It
was a unicameral body made up of representatives from the provinces.
o Federal System: The Interim Constitution recognized Pakistan as a federal state,
dividing the country into provinces (initially West Pakistan and East Bengal, which
later became East Pakistan and eventually Bangladesh in 1971). It defined the
distribution of powers between the central government and the provincial
governments, with the central government holding significant authority.
o Role of Islam: The Interim Constitution recognized Islam as the state religion of
Pakistan. It also stated that the laws of Pakistan were to be in line with Islamic
principles, although the details of how this would be implemented were not clearly
defined in the Interim Constitution.
o Fundamental Rights: The Interim Constitution contained provisions that guaranteed
certain fundamental rights to the citizens, such as freedom of speech, freedom of
religion, and protection from discrimination. However, the protection of these rights
was not as detailed or comprehensive as in the later Constitution of Pakistan, and
certain restrictions were placed on these rights.
o Leadership and Representation: The Prime Minister was the head of government
and was responsible for running the day-to-day affairs of the country. The Prime
Minister and the Cabinet were accountable to the Constituent Assembly.
o Bicameral System (Proposed): While the Interim Constitution did not establish a
bicameral system of government immediately, there was a provision to establish a
second legislative chamber (the Senate) at a later stage, once the new constitution was
adopted.
o Secular Elements and Minorities: Although the interim document did not explicitly
call for a theocratic state, it contained provisions that reflected Pakistan’s unique
character as a Muslim-majority country. The protection of religious minorities (like
Hindus, Sikhs, and Christians) was acknowledged, though it was less comprehensive
than in later constitutions.

Purpose:

The purpose of the Interim Constitution was to provide a temporary legal framework that would allow
the country to function as a new sovereign state while the final constitution was being drafted. It was
also designed to facilitate the establishment of governmental structures and systems, including the
establishment of the Constituent Assembly, which would ultimately draft the full constitution.

Replacement by the 1956 Constitution:

The Interim Constitution of 1947 was superseded by the Constitution of Pakistan on March 23, 1956,
which formally declared Pakistan as a Republic. This constitution established Pakistan as a
parliamentary republic and defined the powers of the President and the Prime Minister, replacing the
office of the Governor-General with that of the President.

 Objective Resolution 1949

The Objective Resolution of 1949 was a significant document in Pakistan’s early

constitutional history, adopted by the Constituent Assembly of Pakistan on March 12,
1949. It laid down the guiding principles for the future Constitution of Pakistan and set the
ideological foundation for the state's formation and governance.The resolution was
introduced by Liaquat Ali Khan, the first Prime Minister of Pakistan, and it helped to define
the nature of Pakistan as an Islamic state, while also emphasizing democratic values. The
resolution became an important cornerstone of Pakistan's constitutional evolution.

Opposition by Hindu Members of the Constituent Assembly:

o Hindu members of the Constituent Assembly expressed concerns about the

religious nature of the resolution. They feared that the resolution would
undermine the protection of religious minorities, particularly Hindus, and
institutionalize Islamic principles into the state's legal and political
framework.
o They were concerned that such a declaration would make non-Muslims feel
marginalized, as it emphasized that Pakistan’s governance would be based on
Islamic ideology.
o Total members of constituent assembly were 79 in which 14 non-Muslims
members but only one vote was cast against the objective resolution.

Ghulam Muhammad Sayeed, the Hindu representative from Sindh, was the only
one who voted against the resolution. His objections were based on concerns about
the safeguarding of minority rights and the Islamic character of the state, as he
believed that the resolution could potentially undermine the position of non-
Muslims in Pakistan.

Key Features and Significance of the Objective Resolution:

o Islamic Ideology: The Objective Resolution emphasized that Pakistan would

be a state based on Islamic principles, which would guide the country's
political and legal framework. It called for the establishment of a government
that would work in accordance with the teachings of Islam, ensuring that all
laws and policies were consistent with the Quran and Sunnah (the practices
of the Prophet Muhammad).
o Sovereignty of God: The resolution declared that sovereignty in Pakistan
ultimately belongs to Allah (God), and that the government derives its
authority from God. This concept is central to Pakistan's identity as an Islamic
state, where all political authority is exercised in accordance with divine will.
o Democratic Principles: While emphasizing Islam as the foundation of the
state, the Objective Resolution also called for Pakistan to be a democratic
state. It emphasized the importance of democracy, freedom, equality, and
justice in all spheres of life, in line with the teachings of Islam. The resolution
aimed for a system of government based on popular representation and
accountability.
 o Protection of Minorities: The Objective Resolution emphasized the
protection of the rights of religious minorities in Pakistan. It guaranteed that
minorities would have the right to practice their religion freely, and their
interests would be safeguarded by the government. This was important in a
newly formed state that had a large Muslim majority but also significant non-
Muslim populations, such as Hindus and Sikhs.
o Social Justice and Equality: The resolution called for the establishment of a
state that would ensure social justice and provide for the welfare of its
citizens. It stressed the need for equality of all people, regardless of their
religion, caste, or creed, and aimed to create a society where justice prevailed
in all areas of life, such as education, employment, and social status.
o Guiding Principle for Future Constitutions: The Objective Resolution became
the basis for Pakistan’s Constitution and acted as a guiding principle for the
Constitution of 1956 and subsequent constitutional developments. It was
incorporated in the preamble of the 1956 Constitution and became an
essential part of the Constitution of 1973 as well. It set the tone for Pakistan's
ideological and constitutional framework by linking state laws and practices
to Islamic values.
o The Role of the Legislature: The resolution also laid down the framework for
a representative form of government, where the will of the people, as
expressed through their elected representatives, would be the guiding force
of governance, within the boundaries of Islamic law.

Impact and Legacy:

o Constitutional Foundation: The Objective Resolution became a core

ideological principle for Pakistan's future constitutions and legal systems. It
was incorporated into Pakistan’s Constitution of 1956, Constitution of 1973,
and remains a significant document in the country’s constitutional history.
o Islamic State Concept: It formalized Pakistan’s identity as a state with Islamic
values at its core, influencing legal and political developments. It played a
crucial role in shaping the role of Islam in Pakistan's legal system, including
the creation of bodies like the Council of Islamic Ideology, which advises the
government on whether laws comply with Islamic principles.

o Foundation for Political Debate: The Objective Resolution has also sparked
debate and discussion on the role of religion in politics. While it set the
foundation for the country’s identity as an Islamic state, the practical
application of Islamic principles in governance has remained a complex and
often contentious issue in Pakistan's history.