Contested Space of the Objectives Resolution in the Constitutional Order of Pakistan

Abstract

In 1985, when the Objectives Resolution was incorporated in Article 2-A of Pakistan‘s Constitution, the question of its justiciability re-emerged. Until then, the Resolution was part of the Preamble of the Constitution (1973), and hence non-justiciable. With its incorporation in Article 2-A — or in the substantive part — a number of cases surfaced in the superior courts challenging different laws and even constitutional provisions that appeared contradictory to the Resolution. Thus, its incorporation in the substantive part of the Constitution shook the coherence of its structured organisation. The change also brought back the question of Islam‘s place in the Constitution. This article engages constitutional theory debate on the structured organisation of Pakistan‘s Constitution and sheds light on how the Supreme Court responded to the incorporation of the Resolution in the value-neutral or justiciable part.