INTRODUCTION
The principles of policy as contained in the constitution of Pakistan in part II chapter 2 guide the authorities in the performance of their functions The principles of policy imply the future line of action of the country. The principles of policy themselves are not rules of law.
It is usual in the constitutional instruments to set out the aims and objectives of the policies into practice Principles of policy, are therefore those aspirations of the constitution-makers which are intended to be considered as the guiding principles of the policy of the state.
RELEVANT PROVISION
Articles 29 to 40 of the Constitution of Pakistan 1973
WHAT ARE THE PRINCIPLES OF POLICY
According to Dr. KC Where the principles of policy are the manifesto of national objectives and this cannot be challenged in any court of law.
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PRINCIPLES OF POLICIES IN THE 1973 CONSTITUTION
Following are the principles of policies in the Constitution of 1973.
Responsibility to Act: Article 29
It is the responsibility of each organ and authority of the state and of each person performing functions on behalf of an organ or authority of the state to act in accordance with those principles that relate to the functions of the organ or the authority.
Observance of Principles: Article 29(2)
The observance of the principles of policy depends upon the availability of resources.
Every year the president, in relation to affairs of the Federation shall cause to be prepared and laid before each house of [Majlis-e-Shoora (Parliament)] a report in the observance and implementation of the principles of policy.
Every year the Governor in relation to the affairs of the province, shall cause to be prepared and laid before the provincial assembly a report on the observance and implementation of the principles of policy.
A discussion shall be held on the report in the National Assembly and Senate or the Provincial Assembly.
Responsibility to Determine the Conformity: Article 30
It shall be the responsibility of the organ or authority of the state or of the person concerned to decide whether any action of it or he is in accordance with the principles of policy.
Islamic way of Life: Article 31
The state shall take steps to enable the Muslims of Pakistan to adopt the Islamic way of life individually and collectively.
- The state shall make the teaching of the Holy Quran & Islamiat compulsory.
- The state shall make efforts to facilitate the learning of the Arabic language.
- The state shall make efforts to secure correct and exact printing and publishing of the Holy Quran.
- The state shall make efforts to promote unity and the observance of Islamic moral standards.
- The state shall make efforts to secure the proper organization of Zakat.
- The state shall make efforts to secure the proper organization of usher.
- The state shall make efforts to secure the proper organization of Auqaf.
- The state shall make to secure the proper organization of Mosques.
Local Government Institutions: Article 32
The state shall encourage and promote the local government organization and institution and shall give representation to peasants, workers, and women.
Parochial Prejudices to be Discouraged: Article 33
The state shall discourage parochial, racial, tribal, sectarian, and prejudices among the citizens.
Participation of Women in National Life: Article 34
The state shall take steps to ensure the full participation of women in national life. Women will be encouraged to take part in all the fields of life.
Protection of Family: Article 35
The state shall protect the family system in the country.
Protection of Children: It shall be the responsibility of the state to protect the child from all dangers.
Protection of Mother: It shall be the responsibility of the state to protect motherhood from all dangers of life.
Protection of Marriage: It shall be the responsibility of the state to protect the marriage, which is a social contract.
Protection of Rights of the Minorities: Article 36
Legitimate nights of minorities shall be protected by the state.
Protection of interest of minorities: It is the responsibility of the state to safeguard the legitimate interest of the minorities
Due representation in the Federal Services: It is the responsibility of the state to ensure the due representation of minorities in the Federal services
Due representation in the provincial services: It is the responsibility of the state to ensure the due representation of minorities in the provincial services.
Promotion of Social Justice and Eradication of Social Evils: Article 37
Promotion of Backward Classes or Areas: The state shall promote with special cure the educational and economic interests of backward classes or areas.
Free Education: The state shall remove illiteracy and provide free and compulsory secondary level (school) education within the minimum possible period.
Technical & Professional Education: The state shall make technical and professional education generally available and higher education generally accessible to all on the basis of merit.
Speedy Justice: The state shall ensure inexpensive and speedy justice.
Better Conditions of Work: The stale shall make provisions for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.
Participation of People in National Activities: The state shall enable the people through education, training, and agricultural and industrial development to Participate fully in all forms of national activities including employment in the services of Pakistan.
End of Social Evils: The state shall prevent prostitution, gambling, and taking of injurious drugs, printing, publication, circulation, and display of obscene literature and Advertisements.
Prevention of Alcoholic Liquor: The state shall prevent the consumption of Alcohol Liquor otherwise than for medical and in the case of non-Muslims for religious purposes.
Decentralization of Government Administration: The state shall decentralize the government administration to meet the convenience and requirements of the public.
Promotion of Social and Economic well being of the People: Article 38
The state shall secure the well-being of the people: The state shall secure the well-being of the people, irrespective of sex, caste, creed, or race, by raising their standard of living, preventing the concentration of wealth and means of production and distribution in the hands of few, and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.
Facilities for Work: The state shall provide for all citizens, within the available resources, facilities for work with reasonable rest and leisure.
Social Insurance: The state shall provide employment in the service, and compulsory social insurance to all persons.
Basic Necessities of Life: The state shall provide basic necessities of life such as food, clothing, housing education, and medical relief for all the citizens.
Reduce disparity in Income: The state shall reduce disparity in the income and earnings of individuals.
Elimination of Riba: The state shall try to eliminate riba as early as possible.
Shares of the Provinces: The shares of the Provinces in all federal services, including autonomous bodies and corporations established by or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified free.
Participation of People in Armed Forces: Article 39
The state shall enable people from all parts of Pakistan to participate in the Armed Forces of Pakistan.
Strengthening Bonds with Muslim World: Article 40
The state shall strengthen bonds with Muslim World and develop friendly relations.
The state shall make strong relations with other countries of the world.
The state shall play its role in keeping international Peace.
STATUS OF PRINCIPLES OF POLICY
The principles of the policy are, although non-justiciable the status has been raised since the national economic council is asked to follow these decided principles
CONCLUSION
It is concluded that the principles of policies provide guidance to the state. The principles policy included the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well-being of the people ng, and strengthening the bonds with the Muslim world.
Therefore principles of the policy are non-justiciable. They have only theoretical importance. They are helpful sometimes while interpreting the preamble or fundamental rights and application of the law.
FAQs
Discuss the Law relating to Principles of Policy and elaborate the statements about the promotion of Social Justice and eradication of social evils and the promotion of social and economic well-being of the people of Pakistan in the light of relevant provisions of the Constitution.
(2019-A)
Explain the difference between principles of policy and Fundamental Rights.
(2016-S)
Principles of Policy are the rights incorporated in the Constitution of Pakistan, 1973 in addition to justiciable fundamental rights. Discuss them in detail.
(2014-S)
Explain the Principles of policy as enshrined in the Constitution of Pakistan, 1973.
(2012-S)
Discuss the role of principles of policy. How these principles can be enforced?
(2009-A)
Write a short note on Principals of Policy.
(2017-S)
