PREAMBLE OF THE CONSTITUTION 1973

PREAMBLE OF THE CONSTITUTION 1973

1. Introduction:

Preamble is the introductory part of a statue or act of statue or act of parliament which states the intent and reasons of law. it indicate the principles as guidelines by the framers of the constitution. 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:

Osborn's concise law dictionary:

The recitals set out in the beginning of a statute showing the reason for the act.

3. Preamble of the constitution:

The constitution of 1973 of Islamic Republic of Pakistan opens with a preamble. it is not the part of the constitution but a key to understand 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. Significance of preamble in the constitution:

Preamble helps in interpreting the provisions of the constitution. it can be looked when some article is ambiguous. it also explain the object of the constitution.

6. Principles of the preamble:

Following principles are embodied in the constitution of Islamic republic of Pakistan.

(i) Sovereignty:

The sovereignty over entire world belongs to Almighty Allah and also in Pakistan the first sovereign in God and the powers received from him as delgatee or a trustee is to be exercised by chosen representatives of the people.

(ii) Federation:

The constitution says that Pakistan shall be federal state with autonomous unit.

(iii) Democratic state:

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.

(iv) From of Government:

Case law
P.L.J. 2005 SC 1241
Held constitution of Pakistan does not provide purely parliamentary from of gov't according to west Minister modern instead Pakistan has evolved its own political system so as to suit political condition found here.

(V) Islamic injections:

Under the constitution of Pakistan Muslims shall be enable to order their lives in the individual and collective spheres in accordance with the Quran and Sunnah. Quran and Sunnah shall be the basic source of law and all laws existing in Pakistan shall be made in conformity with the principles of Islam.

(vi) Fundamental rights:

The constitution of Islamic republic of Pakistan provides the fundamental rights to its citizen.

(vii) Integrity of Pakistan:

The preamble of constitution declares that "wherein the integrity of the territories of the federations, etc, sovereign rights on the land sea and air be safeguarded."

(viii) Equal rights and protection to minorities:

The minorities as citizens of Pakistan have equal rights and protection. the preamble proclaims that "Adequate protection. The preamble proclaims that legitimate interests of minorities and of the backward and depressed classes".

(ix) Independence of Judiciary:

Independence of Judiciary is basic principles of the constitutional system of Governance. independence of Judiciary is guaranteed by the constitution.

(x) International peace, prosperity and happiness of humanity:

Preamble says that" so that the people of Pakistan may prosper and attain their rightful honoured place amongst the nations of the world and make their full constitution towards international peace and happiness of humanity.

7. Conclusion:

At the end, i can conclude that preamble is introduction of an enactment. Although it is not integral part of the constitution but it explains introduction of Islamic republic of Pakistan.