MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

CONSTITUTION PETITION NO. 1 OF 2008
AND CMA NO. 994 TO 996 OF 2008 8
vi) The Objectives Resolution, which is now a
vii)
substantive part of the Constitution by means of
Article 2A, inter alia, provides:-
“Whereas sovereignty over the entire Universe
belongs to Almighty Allah alone, and the
authority to be exercised by the people by
Pakistan within the limits prescribed by Him is
a sacred trust;
And whereas it is the will of the people of
Pakistan to establish an order;
Wherein the State shall exercise its powers and
authority through the chosen representatives of
the people;
………………….
Wherein shall be guaranteed fundamental
rights, including equality of status, of
opportunity and before law, social, economic
and political justice, and freedom of thought,
expression, belief, faith, worship and
association, subject to law and public morality.”
A democracy is a government of the people, by the
people and for the people. The requirement of
educational qualification creates a separate class.
Therefore, it cannot be said that such a government
is a government of the people. In modern laws the
trend is that a preamble need not be there because
the preamble states only the object or the intent of
the legislature.
viii) The impugned law creates an elitist democracy
amounting to discrimination, which is forbidden
under Article 25 of the Constitution. The Advanced
Law Lexicon, The Encyclopaedic Law Dictionary, 3 rd
Edition, Volume 2 (2005) defines democracy as
under:-
“One of the three forms of government; that in
which the sovereign power is neither lodged in
one man, as in a monarchy, nor in the nobles,