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.
