IN THE NAME OF ALLAH, THE MOST BENEFICIAL THE MOST MERCIFUL

ASSIGNMENT: CONSTITUTIONAL LAW

SUBMITTED TO: RESPECTED SIR ATIF NAZIR
SUBMITTED BY: SHAH ZAIB 70082639
SEMESTER: 5TH SEC A

Q.
DISCUSS THE SIGNIFICANT FEATURES OF PREAMBLE TO
THE CONSTITUTION OF PAKISTAN.
 1. INTRODUCTION:

➢ According to Black Law Dictionary

“An introductory in a constitution, statute or other document
explaining the document’s basis and objective”
➢ Overview Of the Preamble Of Constitution
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.
➢ Article 2-A
Preamble of constitution of 1973 has become article 2-A in
1985 through President order.
 2. SIGNIFICANT FEATURES OF PREAMBLE

❖ 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.

❖ 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.

❖ COMMANDMENT 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.

❖ MAJORITY RULE
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.

❖ 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.

❖ 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.

❖ 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.
3. 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.

CASE LAW

P L D 1992 S.C 595

HAKIM KHAN and 3 others---Appellants
VERSUS
GOVERNMENT OF PAKISTAN through Secretary Interior and
others---Respondents

Held: Art. 2A---If any Article of the Constitution is in conflict

with Art.2A, the appropriate procedure is to have it amended
in accordance with the prescribed provision of the
Constitution for the purpose. If any Article of the Constitution
is in conflict with Article 2A the appropriate procedure is to
have it amended in accordance with the prescribed provision
for the purpose. However, it does not absolve the Courts of
their duty to give effect to the provisions of Article 2A as it has
been made "substantive part of the Constitution". A
Constitution is an organic whole. All its Articles have to be
interpreted in a manner that its soul or spirit is given effect to
by harmonising various provisions.

Case Law
P L D 1972 S.C 130
Asma Gillani VERSUS Government Of Pakistan
Held: Pakistan does not need to look at western legal theories,
it has its own grund-norm (basic law) enshrined and in its own
doctrine that the legal sovereignty over the entire universe
belongs to Allah Almighty alone.