Our bastion of justice, the Chief Justice of Pakistan, made yet another rather odd comment when he declared:
“The All India Muslim League adopted the Objectives Resolution in which apart from the basic Islamic principles the rights of minorities were also protected…this is even larger than a mere resolution,” the CJP observed.
For your information Mr. Chief Justice, the Objectives Resolution was passed in March 1949 by the Pakistan Constituent Assembly. All India Muslim League was dissolved in December 1947. One would imagine that someone in your high office would know the difference and just for your information the only time anyone dared to bring something remotely similar to Objectives Resolution before the All India Muslim League, in 1943, it was vehemently opposed by Jinnah who called it a “censure on every Leaguer”.
Now this explains Mr. Chief Justice’s earlier unfortunate comment about “secularism”. Perhaps the Chief Justice is unaware of the fact that the founding father had not only promised complete impartiality towards faith but had declared religion a personal matter. He had repeatedly laid down that Pakistan would not be a theocracy to be run by priests with a divine mission. In his 11th August speech, he harked back to examples from English history to make his point. For many people, including this writer, this amounts to secularism. But it is entirely possible Mr. Chief Justice that you are completely ignorant of all these facts, which is the real tragedy for this country.
Now I have gone over this statement-quoted above- many times since I read it this morning. That you are factually or historically wrong is beyond question. But is your obiter dicta then that any act or desire of the founding party or the founding father has over-riding legitimacy over all else? If this is the case, there are more than one resolutions – including the famous Lahore Resolution- that have yet to be implemented in their spirit. Or did you perhaps confuse Lahore Resolution with Objectives Resolution?
BTW here is another little historical tidbit for you. Khawaja Haris of Punjab has been telling you that the current parliament lacks ability to amend the constitution because it was elected by only 43% of the electorate. Before you get taken in by this brilliant argument, you might want to look at the electorate numbers for Indian elections of 1946 that returned Congress and League to power and formed the basis of Pakistan. Haris is a dangerous man. Some of your colleagues have realized that. The real question is not whether you have, but whether you can.
And here is the real answer: Basic structure theory is inherently flawed and doubly so in Pakistan, where it derives its legitimacy from a document that was made substantive part of the constitution through the illegal act of a military dictator’s order.