Are Northern Areas part of Pakistan?
It may be clarified that the Constitution makes no mention of Northern Areas. The Supreme Court nevertheless assumed jurisdiction, the matter being of public importance relating to enforcement of fundamental rights. The Court ruled that the people of Northern Areas are citizens of Pakistan for all intents and purposes and like other citizens have the right to invoke any of the fundamental rights and liable to pay taxes and other levies, competently imposed. Al-Jehad Trust v Federation of Pakistan (1999 SCMR 1379)
Is Azad Jammu and Kashmir Part of Pakistan?
Territory of Azad Jammu and Kashmir is not part of Pakistan. (PLD 2005 SC 373)
AJK is a territory included in Pakistan in view of Art. 1(2)(d) of Constitution of Pakistan and it cannot be said that State Bank of Pakistan is foreign Bank or that AJK is a foreign territory for Pakistan or vice-verse. (PLD 2006 AJK 1)
Discretion of the parliament to admit…..states to Pakistan
It needs to be noted that there is nothing in the constitution which would entitle a state, after its formation or admission into federation, to claim complete equality of status with a state existing at the commencement of the constitution. Because article 1(3) gives complete discretion to the parliament to admit or establish new states on such terms and condition “as it thinks fit.”
Article 2 makes Islam the state religion of Pakistan. Pakistan is an institution, not a human being. It cannot have a religion in usual sense. What does article 2 mean? Apparently it means that in its outer manifestation the state and its government should carry an Islamic symbol. The Head of the State, Prime Minister and perhaps the ambassadors accredited to foreign states must be Muslims. It should not be interpreted so as to exclude non-Muslims from Parliament, Provincial Assemblies, public services and armed services, etc.
Art 2 by its own force does not make Islamic Law to be the law of the land
In Mst. Hamida Begum v. Mst. Murad Begum PLD 1975 SC 624 the Supreme Court of Pakistan held that article 2 by its own force, does not even profess to make Islamic Law to be law of the land. Existing laws shall be brought into conformity with injunctions of Islam only in the manner prescribed in part IX of the Constitution.
Article 2 provides that Islam shall be the State religion. Article 227 stipulates that all the existing laws shall be brought into conformity with injunctions of Islam as laid down in the Holy Quran and Sunnah and that no law shall be enacted which is repugnant to such injunctions.
Explanation to article 227 (1) is very important as it lays down that in the application of this clause to the personal laws of any Muslim sect, the expression ‘Quran and Sunnah’ shall mean the Quran and Sunnah as interpreted by that sect.
The purpose of inserting Article 2A in the Constitution of Pakistan is the enforcement of Quran and Sunnah within the principles and provisions of the Objectives Resolution (PLD 1989 Kar 513) as under this Article it becomes the duty of the Courts to decide cases before them in accordance the tenets of Islam as laid down in the Holy Quran and Sunnah and more particularly to seek guidance from the Islamic principles in the field presently unoccupied by the statute in a given case. (PLD 1989 Kar 281)
Objectives Resolution is thus Charter on the foundation of which the edifice of the State of Pakistan is to be established. As a result of inclusion of Art 2A in the Constitution every statute in Pakistan has not only to satisfy the test whether it is in accordance with the Constitutional mandate generally, but has also to further fulfill additional or inclusive qualification that it does not contravene the principles and provisions of the Objectives Resolution. (PLD 1989 Kar 304)
Provisions of Art 2A strives at bringing the existing laws in conformity with the injunctions of Islam and also to see it that no law in conflict with such Injunctions is legislated. Method for test such legislation and enactments has been provided under the Constitution. Courts are, however, not vested with the power with such jurisdiction to a law void on the touchstone of Article 2A as distinguished from Article 8 which declares laws in derogation of Fundamental Rights as void. (PLD 1993 SC 901)
Insertion of Injunction of Islam in the Constitution reflects a belief that the Islamic or Quranic Injunctions need a Constitutional authority for their applicability and operation and a concept that Constitution is the superior authority. (PLD 2001 Kar 240(e))
Article 2 and 3 provide two fundamental basis of the polity in Pakistan—one deals with the ‘statecraft’ and ‘way of life’ and the other, with one of its (life’s) major facets, namely, economic and social justice. Such fundamental bases are to be kept in view while interpreting other provisions of the Constitution and laws made by its authority. (PLD 1976 Lah 930)
In Mst Zaib-Un-Nisa v/sThe Government of Punjab, Department of Education (1995 CLC 1281) Court held that the respondents, by not paying salary to the petitioner for the past more than two years have acted contrary to these Principles of Policy. They exploited the situation and denied to the petitioner her valuable right to remuneration according to her grade which also is in violation of Article 3 of the Constitution which casts duty on the State to eliminate all forms of exploitation and gradual fulfillment of the fundamental principle, from each according to his ability, to each according to his work.
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