reports, the Economic Coordination Committee (ECC) of the Cabinet which meet at Islamabad on March, 11, 2014 under the chairmanship of Federal Minister for Finance accorded approval to the wheat procurement target of 08 million tons for 2013-14 at the price of Rs. 1200/- per 40 kg fixed for 2013 wheat crop.
It merits a mention that the farmers\’ community across the country wanted the increase in support price over Rs1300/- per 40 kg arguing that the input cost had increased manifold because of rise in prices of pesticides, electricity and fertilizers. But the government did not honour the demand of the farmers and decided to maintain the wheat support price at existing level of Rs. 1200/- per 40 kg.
In view of the above, there is a strong need for upward revision of support price of wheat for 2014 crop so that the farmers could get fair return of their wheat crop 2014 and maintain their interest in this staple food crop in future years to come.
We already have completed 66 years of our independence and today we are completing 66th year of the Objectives Resolution which is the landmark and the most remarkable document and part of the constitution of Pakistan. The constitutional history of Pakistan as the import of western legal structure is very old. Charter of 31st December 1600 given to the London Group of Merchants by the Queen Elizabeth is the first document in the annals of our history.
After the independence, the Government of India Act 1935, the Indian Independence Act 1947 and the Provisional Constitutional Order, GGO Order No22 of 1947 became the Interim Constitutional machinery under which the Constituent Assembly of Pakistan was formed. The Constituent Assembly passed the objective Resolution on 7th March 1949 and adopted on 12th March 1949. This Objective Resolution and its position in the legal and constitutional setup of Pakistan has been very frequently debated in the courts of Pakistan.
The first leading case on the Objective Resolution came in the Supreme Court of Pakistan was the case of Asma Jillani VS Government of Punjab in 1972. It was a very detail judgment in which contained a variety of things . Firstly the Supreme Court of Pakistan held that Objectives Resolution ass the grand norm of the Constitution of Pakistan. The court held that the Objectives Resolution has not been abrogated by any one and deviated by any civil or democratic regime and indeed no one can do so. The Court held that under the Objectives Resolution Allah is the sovereign power in the universe. Court explained doctrine of sovereignty of Allah in the light of Surah Imran.
Supreme Court further held that Yahya khan was neither a victor nor Pakistan was an occupied territory and thus declared him a \”Usurper\”. All his actions were also declared illegal. When Asma Jilani\’s case judgment was released, Yahya khan was not in power, but now it was Bhutto\’s Martial Law and Bhutto was the chief Martial law Administrator and the President. Asma Jilani\’s case paved the way for the restoration of democracy. This case was followed by the interim Constitution of 1972 and then by the permanent constitution of 1973. Due to the judicial pronouncement in the case of Asma Jilani, Zulfiqar Ali Bhutto was compelled to lift the Martial law. In Dosso\’s case (1958), the Pakistan Supreme Court interpreted jurist Hans Kelsen`s theory that a revolution can be justified when the basic norm underlying a Constitution disappears and a new system is justified to be put in its place. But in the case of the Asma Jilani the court over ruled this verdict of court and said that the Kelsen theory has been miss-interpreted and we need not to look at the western theorists before saying anything we have our own grund norm which is the Objectives Resolution.
This all ensued a great debate in which it was assumed that the OR being the grund-norm of the constitution is now the supreme legal and the constitutional document and it was the main soul of the constitution. It was urged that, being declared the grund-norm, it was now the supra-constitutional document and the Courts could strike down any law if it is against the Objectives Resolution even of it is constitutionally correct. This became legal and a Constitutional anomaly and it all gave rise to a number of questions.
In 1973 the Supreme Court verdict in the case of State vs. Ziaur Rehman case came in which it was held that Objectives Resolution tough, the preamble of all our constitutions, cannot be given status as equivalent of the constitution or of any supra-constitutional document. It can\’t serve any such purpose. It only depicts the basic principles and the intention and the guiding principles for the framers of the Constitution of Pakistan. The Supreme Law of the state is the constitution itself and not any other document. In case of State VS. Asma Jilani the court held that the Objectives Resolution is the grund norm but that grund norm is the doctrine of legal sovereignty. Objectives Resolution is not the cornerstone of the constitutional edifice of our state. Even those who made the Objectives Resolution did not envisaged that it should be the supra-constitutional document.
In 1973 the new Constitution of Pakistan came and the once again the OR was made the preamble of the Constitution. . Under the 8th amendment in 1985 carried out by Gen Zia the Objectives Resolution was incorporated in the Constitution of Pakistan in the Article 2A. It was a move to Islamise the Constitution of Pakistan as part of his plan.
Now the question was that what will be the situation a provision of Constitution is in contradiction with the Objectives Resolution?
But the most outstanding judgement of Supreme Court of Pakistan came In year 1993 Court held that tough the Objectives Resolution is a part of the Constitution of Pakistan and now is enforceable like other parts of the constitution but it cant prevail over other provisions of the Constitution . It will be given due weight. However If the Objectives Resolution is in contradiction with other parts of the Constitution then the court will make a harmonious interpretation. It means that the courts will have to interpret Objectives Resolution to reconcile it with other provisions of the constitution. More over the Objectives Resolution stands on equal footing with other parts of the constitution.
The Objectives Resolution is a very basic and fundamental document of the Constitution and the Constitutional history of Pakistan. It is preserved over the decades no regime, civil or military have ever dashed the Objectives Resolution nor have altered it. It has a very great sanctity. Due to this reason it was a preamble of all the Constitutions of Pakistan and its was incorporated in 2A under 8th amendment. Now its imperative character is no more disputed and anomalous.
The Objectives Resolution solved the intellectual debates started at the creation of the Pakistan regarding the character of State. It amicably solved the differences between the Islamic concept of state and the international democratic norms. It was accepted by the ulema of all school of thoughts, including Maulana Modoodi. The tough Objectives Resolution provided adequate facilities and rights and liberties to the minority communities yet the document was symptomatic of the Muslim dominance. It was asserted by the non-Muslims that Objectives Resolution is blending the religion and politics. However the courts remained silent on its opposition from non-Muslim communities.
It may look like a predicament to some that why Objectives Resolution ensued such frequent debates and why so many complexities are attached to it. But that is certainly no novel phenomena. Principle constitutional documents are debated everywhere. Like the American Bill of Rights or the Magna Carta in UK. It is in itself the beauty of Landmarks Documents that it invokes criticism. Moreover countries having heterogeneous groups of people will always have such frequent debates and question on Constitutional and legal doctrines. If it was made a substantive part of the constitution from the nation would then certainly not have indulged into constitutional anomalies.
In the Pakistan Constitutional history its status is no less then the Magna Carta in UK or the American Bill of Rights in USA. The courts in Pakistan has elucidated the status of Objectives Resolution very amicably and they have cleared the position of the Objectives Resolution as the Grund-norm and as the substantive part of the Constitution. The President\’s power of pardon under the article 45 of the Constitution of Pakistan are also debated under the Objectives Resolution.
Source Frontier Post