Law: Constitution of Pakistan, 1973

Section: 7,2A,268(6),227,237

(a) Constitution of Pakistan (1973)---Art. 2-A--Objectives Resolution--- Historical background of Objectives Resolution and varying measures of enforceability accorded to it by superior Courts, from time to time, dating back to the period when it stood incorporated only as Preamble to the Constitution (s)-­Objectives Resolution is the Charter on the basis of which edifice of the State of Pakistan was to be raised--Constitution having mandate of People of Pakistan behind it is liable to be tested on the touchstone of this solemn Declaration viz. Objectives Resolution and must conform to the provisions and principles recorded in it, likewise it remains the basic document, the touchstone, on which the ensuing legislation had to be tested and judged by the superior Courts. (b) Islamic Jurisprudence-- ---Interpretation--Need for spelling out due sanction to interpret and to apply the tenets of Muslim Law and allowing evolutionary process to be undertaken by Judicial Institutions urged. Unless due sanction is spelled out to interpret and to apply the tenets of Muslim Law and evolutionary process is allowed to be undertaken and what better institution can there be for that purpose than the judicial component of the State, with ample room for trial and error, the latter of course correctable at the level of the higher echelons or that of the legislature, Muslim Law can never assume the character of the dynamic force which Almighty Allah wills it to be. There will, in such exercises, be errors and pitfalls but the corrective process of ultimate judicial dispensation and the appropriate legislative measures can always be counted to suppress the mischief and to advance the objective. This will, in addition, be possessed of the advantages of evolutionary elements and relieve the society of abruptness and suddenness, not uncommonly, associated with legislation alone, taken in isolation. (c) Constitution of Pakistan (1973)-- ---Art. 2-A--Every statute in Pakistan has not only to satisfy the test whether it is in consonance with the Constitutional mandates generally but has also to further fulfil the additional or inclusive qualification that it does not contravene the…

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