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    Sunday, 10 August 2014

    Preamble of the Constitution of Pakistan 1973?



    1. INTRODUCTION: 

    The preamble of the constitution is a brief and well worded statement of the principle which guided the constitution makers. Preamble means an introductory statement in a constitution, statute or other document, and it explains basis and objective of such document. A preamble often consists of a series of clauses. Contrary to this preamble of constitution of Pakistan consists of objective resolution. It is not the part of the constitutions as article. It is merely a statement affined to statute indicating the principles used as guidelines by its framer.

    2. MEANING OF PREAMBLE: 

    According to oxford dictionary of law: “The part of a statue that sets outs its purpose and effects”. According to black law dictionary: “An introductory in a constitution, statute or other document explaining the document’s basis and objective”. According to Osborn's concise law dictionary: The recitals set out in the beginning of a statute showing the reason for the act.

    3. PURPOSE OF PREAMBLE:

    The preamble of the constitution is not justifiable as other parts of the constitution. The preamble is written in the constitution just to determine the ideals and the objects for the government to achieve. It helps in the interpretation of the provisions of the constitution when they are ambiguous or resolve a dispute between two conflicting provisions of the constitution.

    4. NATURE OF PREAMBLE: 

    Preamble is not legally enforceable. It states principles and brief statement. All the principles laid down in the preamble find expression in the enactment and provides guiding light true appreciation and understanding of document.

    5. WHEN DID PREAMBLE OF CONSTITUTION OF 1973 BECAME ARTICLE 2-A: 

    Preamble of constitution of 1973 has become article 2-A in 1985 through President order.

    6. SALIENT FEATURE OF PREAMBLE OF CONSTITUTION OF 1973: 

    Following are the salient feature of the preamble of the constitution of 1973:-

    6.1 SOVEREIGNTY:

    Main salient feature of preamble of constitution of Pakistan is that it presents an important principle that sovereignty belongs to Allah alone. However he has delegated it to state of Pakistan through its people. But it should be exercised within those limits, which have been prescribed by him. And it should be exercised as a sacred trust.

    6.2 DEMOCRATIC SYSTEM:

    Pakistan is a democratic state. the preamble declares that 'state shall exercise its power and authority through chosen representatives of the people" and " where in the principles of democracy, freedom, equality, tolerance as enumerated by Islam shall be fully observed. It is representative form of the democratic state.

    6.3 INJUNCTIONS OF ISLAM:

    The preamble declares that in the Pakistan the Muslim shall be enabled to order their lives in the individual and collective spheres in accordance with teachings and requirement of Islam as set out in the Holy Quran and Sunnah.

    6.4 FEDERATION WITH AUTONOMOUS UNITS:

    The territories in Pakistan or those which in accession with Pakistan and such other territories as may hereafter by included in or accede to Pakistan shall form a federation. In which the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed. It is clear that the preamble upholds the principle of federation and provincial autonomy as the basis of the constitution.

    6.5 SAFEGUARD INTEGRITY OF PAKISTAN: 

    The territories consisting Pakistan are integral to it. It says “the integrity of the territories of the federation its independence and all its rights including its sovereign rights on land, sea and air shall be safeguard.

    6.6 GUARANTEE OF FUNDAMENTAL RIGHTS: 

    The constitution of Islamic republic of Pakistan provides the fundamental rights to its citizen. The fundamental rights guaranteed include: i. Equality of status. ii. Equality of opportunity iii. Equality before law. iv. Social, economic and political justice etc.

    6.7 PROTECTION OF MINORITIES RIGHTS:

    Preamble of constitution of Pakistan has provided that adequate provision should be made for minorities so that they can freely profess and practice their religions and develop their cultures.

    6.8 INDEPENDENCE OF JUDICIARY:

    It also declares that the independence of judiciary should be fully secured.

    6.9 FOR THE PROSPERITY AND HAPPINESS OF THE PEOPLE OF PAKISTAN AND THE WORLD:

    So that the people of Pakistan may propose and attain their rightful and honored place amongst the nations of the world and make their full contribution towards international peace and progress and happiness of humanity.

    7. CONCLUSION: 

    To conclude we can say that preamble is an introductory clause in the constitution. It is not a substantive part of the constitution because it does not enlarge or control its words. But it has constitutional significance as it indicates the sources, the basis and the contents of the constitution.



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