| Citation(s) |
|---|
| 1992 SLG 431 1992 SLD 431 1992 PLD 595 |
Supreme Court of Pakistan
Civil Appeals Nos.28 and 39 of 1992, decision dated:19-07-1992
NASIM HASAN SHAH, SHAFIUR RAHMAN, SAAD SAOND, JAN, ABDUL SHAKURUL SALAM AND MUHAMMAD AFZAL LONE, JJ
Dr. Khalid Ranjha, Advocate Supreme Court instructed by MA. Qureshi, Advocate-on-Record for Appellants (in CA.No. 28 of 1992).Malik Maqbool Elahi, A. G. Punjab and Rao Muhammad Yousuf Khan, Advocate-on-Record Nos.1 and 2 (in CA.No. 28 of 1992).Aziz A.
Civil Appeals Nos.28 and 39 of 1992, decision dated:19-07-1992
NASIM HASAN SHAH, SHAFIUR RAHMAN, SAAD SAOND, JAN, ABDUL SHAKURUL SALAM AND MUHAMMAD AFZAL LONE, JJ
Dr. Khalid Ranjha, Advocate Supreme Court instructed by MA. Qureshi, Advocate-on-Record for Appellants (in CA.No. 28 of 1992).Malik Maqbool Elahi, A. G. Punjab and Rao Muhammad Yousuf Khan, Advocate-on-Record Nos.1 and 2 (in CA.No. 28 of 1992).Aziz A.
HAKIM KHAN and 3 othersvsGOVERNMENT OF PAKISTAN through Secretary Interior and others
Law:
Section:
(a) Words and phrases---...... Substantive"---Means an essential part or constituent or relating to what is essential. Black's Law Dictionary ref. (b) Constitution of Pakistan (1973)--- ----Art 2A---Object of insertion of Article 2A in the Constitution---Article 2A, Constitution of Pakistan is not a supra-Constitutional provision---Objectives Resolution having been made a substantive part of the Constitution by virtue of Art. 2A it became an essential or integral part of the Constitution possessing the same weight and status as other Articles of the Constitution which were already a substantive part thereof. Since the Objectives Resolution has been made a substantive part of the Constitution it has undoubtedly become an essential or integral part of the Constitution possessing the same weight and status as other Articles of the Constitution which are already a substantive part thereof. In other words 'the Objectives Resolution has become- from merely a preamble of the Constitution, declaring the objectives and ideals which the Constitution-makers were expected to reflect in the substantive part of the Constitution by framing appropriate provisions to carry into effect those objectives and ideals to a substantive, binding, integral provision of the Constitution. This is now its undeniable position. Objectives Resolution exactly provides in its first clause:- "Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust." The above declaration epitomizes the belief of every Muslim regarding the true nature of an Islamic polity with regard to the extent of power exercisable by them in their State as also the mode in which this power shall be exercised. The second clause declares:- "This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan." This clause refers to the resolve of the people of Pakistan to frame a Constitution for Pakistan. In the context of a Constitution having been framed already namely the…
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