Maulvi Tamiz ud Din vs.

Federation of Pakistan

1. Facts of the case :

Maulvi Tamiz ud Din, a citizen of Pakistan, challenged the introduction of the
“Objectives Resolution” in the Constituent Assembly of Pakistan. The Objectives
Resolution aimed to lay down the fundamental principles that would guide the
future constitution of Pakistan, particularly emphasizing the principles of
democracy, equality, and social justice, while also asserting the importance of Islam
in the governance of the state.

2. Issue of the case:

The central issue in this case was whether the Objectives Resolution was
consistent with the principles of democracy and fundamental rights enshrined in
the Constitution of Pakistan.

3. Decision of the case:

The case was heard by the Federal Court of Pakistan (later the Supreme Court). The
court, in its judgment, upheld the validity of the Objectives Resolution but clarified
that it did not have the force of law and could not override the provisions of the
Constitution. The court emphasized the importance of democracy and fundamental
rights, affirming that any future constitution or legislation must adhere to these
principles. Additionally, the court recognized the significance of Islam as a guiding
principle in the governance of Pakistan but stressed the need for balance with
democratic values and individual rights.

The Maulvi Tamiz ud Din case has several significant impacts:

It clarified the status of the Objectives Resolution within Pakistan’s constitutional

framework, affirming its importance as a guiding document but emphasizing its
subservience to the Constitution.

- The judgment highlighted the principles of democracy, fundamental rights, and the rule
of law as foundational to Pakistan’s constitutional order.
 - It contributed to the ongoing debate about the role of Islam in the governance of
Pakistan, emphasizing the need to reconcile religious principles with democratic values
and individual rights.

- The case underscored the role of the judiciary in interpreting and safeguarding the
Constitution, ensuring that all state actions are consistent with its principles.