Fazal Wahab political science
Abstract
Generally, in constitution of every country
there is a chapter related to the basic rights of
subjects usually in detail, it is the most
important component of any constitution and
constitutions without basic rights are
considered as incomplete. Same was the case
with the princely state of Swat. There was no
written constitution of princely state of Swat
however, certain rights were available to the
subjects of Swat. In this work we will explore all
the rights which were available to the citizens
of Swat. Our method for this work will be
imperial, some secondary data and mostly
based on the interviews of the local people. It
will be based on both the qualitative and
quantitative methods of data collection. Our
aim is to compare the princely state system of
Swat (in basic rights) and the established
constitution of 1973 drawing on an analogy
between the two.
Introduction
We will start from the constitution of Pakistan
1973 and will compare the rights which
guarantees this constitution to the subjects.
Our main objective will be that of comparing
and digging out the flaws in the present
constitution of Pakistan and also discovering
the fact that, how did the princely state of Swat
remained so prosperous and peaceful. In
addition to that, we didn’t saw any revolt
against the rulers. Moreover, the rulers of that
times didn’t supress the citizens and the basic
rights were enjoyed by the people.
The very first article in fundamental rights is
article no 8, which is as follow,
(1) ‘’Any law, or any custom or usage having
the force of law, in so far as it is inconsistent
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with the rights conferred by this Chapter, shall,
to the extent of such inconsistency, be void
(2) ‘’ The State shall not make any law which
takes away or abridges the rights so conferred
and any law made in contravention of this
clause shall, to the extent of such
contravention, be void.
(3) The Provisions of this Article shall not apply
to—
(a) Any law relating to members of the Armed
Forces, or of the police or of such other forces
as are charged with the maintenance of public
order, for the purpose of ensuring the proper
discharge of their duties or the maintenance of
discipline among them,
In the constitution of Pakistan 1973 article ‘8’
clause ‘3’ provision ‘a’ the privilege is given to
the armed forces, while in the princely state of
Swat such type of privileges are not granted to
the armed forces of the state.
Security of person
Article 9 of the constitution of Islamic republic
of Pakistan says, ‘’No person shall be deprived
of life or liberty save in accordance with law’’.
This is the fundamental right also granted in
the princely state of Swat. There was no fear of
anything and every individual was safe in the
princely state of Swat.
Safeguards as to arrest and detention
Article 10 clause 1 of constitution of Islamic
Republic of Pakistan give details of the arrest
and detention as follow.
(1) ’’No person who is arrested shall be
detained in custody without being informed, as
soon as may be, of the grounds for such arrest,
nor shall he be denied the right to consult and
be defended by a legal practitioner of his
choice’’. While talking to Zamin Zada, a retired
school teacher, it was revealed that no one
Fazal Wahab political science
could be detent in the princely state of swat
without informing him. Everyone had the right
to speak in front of Tahsildar and clarify any
blame or charge against him. The high court
used to hear cases once in a month and every
one was allowed to utter his say even before
the chief justice, WALI of Swat .(Zada, 2017)
(2) Every person who is arrested and detained
in custody shall be produced before a
magistrate within a period of twenty-four
hours of such arrest, excluding the time
necessary for the journey from the place of
arrest to the court of the nearest magistrate,
and no such person shall be detained in
custody beyond the said period without the
authority of a magistrate. One of my
respondent said that no one was arrested
without warrant and if someone commit crime
the he had to arrest and round about twenty
four hours presented in the Tahsildar (the
lowest court at that time). He might fine
him/her for his crime or dented according to
the situation of the crime
committed.(Mabbood, 2017). While discussing
the same issue of committing crime and the
constitution of 1973 that the provision may not
be applicable to the criminal who committed a
serious crime, he told me that one case he
knows that he was dissipated from Swat, a
person with a name of Usman Ghani who made
a fake stamp of Badshah saib (Miangul abdul
wadood) and stamped the official documents
of the courts and other important
documents.(ul Rahman, 2017).
Right to fair trial
Article 10A of the 1973 constitution of Islamic
Republic of Pakistan say ‘’for the
determination of his civil rights and obligations
or in any criminal charge against him a person
shall be entitled to a fair trial and due
process’’(Hussain Niazi, 2012). In princely state
of Swat the their`s was completely right free
and fair trial. One of my respondent told me
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that the fairness can be judge from that Sultant
Khan (khan bahadar khan)- the right hand of
Wali was presented in court equal to other
accusers.(Ishaq, 2017).
Slavery, forced labour, etc., prohibited
Article 11 of constitution of Pakistan
guarantees freedom from slavery, forced
labour etc. as follow,
(1) Slavery is non-existent and forbidden and
no law shall permit or facilitate its introduction
into Pakistan in any form.
(2) All forms of forced labour and traffic in
human beings are prohibited.
(3) No child below the age of fourteen years
shall be engaged in any factory or mine or any
other hazardous employment.
(4) Nothing in this Article shall be deemed to
affect compulsory service.
There was no such event who indicates for that
someone is slave however the collective works
of the society like building roads and dams for
protection of villages on river swat had to build
by the people. Under were also not part of that
collective work.(Yaqoob khan, 2017)
Protection against double punishment and
self-incrimination
Article 13 of constitution of Pakistan 1973 says,
no person-
(a) Shall be prosecuted or punished for the
same offence more than once; or
(b) Shall, when accused of an offence, be
compelled to be a witness against himself.
Muhammad Yaqoob khan said about this that
there was justice at the time of Wali sahib and
one cannot think of such injustice to be double
punished or pressurize someone.(2017)
Fazal Wahab political science
Inviolability of dignity of man, etc.
Every individual’s dignity and inviolability was
fully respected I didn’t hear from any of my
elders that someone’s privacy was violated. If
someone look to others wives, sisters or
mothers, the society took stand against him
and punished under the court of Swat
state(Ishaq, 2017). The constitution of Pakistan
1973 also guaranteed this right to the citizens
as follow,
(1) The dignity of man and, subject to law, the
privacy of home, shall be inviolable.
(2) No person shall be subjected to torture for
the purpose of extracting evidence.
Freedom of movement, etc.
Under the law of the Swat state there was
completely freedom of movement in the Swat
state, there was no such areas which were
restricted for public etc. however when
someone took his sister, wife or mother out of
the territory of Swat he must have prof from
the nearest Qalla (administrative unit)
otherwise he wasn’t unable to took them
outside of Swat State.(Ishaq, 2017).
The constitution of Pakistan 1973 article 15
give details as follow,
Every citizen shall have the right to remain in,
and, subject to any reasonable restriction
imposed by law in the public interest, enter
and move freely throughout Pakistan and to
reside and settle in any part thereof.
Freedom of assembly
One of the basic right which is under the
constitution of Pakistan 1973 is freedom of
assembly on peaceful means and without
arms. This right was available to the citizens of
Swat state and everyone has the right of
assembly we can take example of
Jirga.(Hussain Niazi, 2012; Ishaq, 2017)
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Constitution of Pakistan
Freedom of association
There was no such associations in the princely
state of Swat, might there was no need of this
as there was no industries or such other
business which need associations. Political
parties didn’t exist. It was probably the case of
ban on it, that if there is someone who talk or
make political party against the monarch will
be removed from the screen. I heard once from
my grandfather that father of Afzal Khan -
Habib ullah khan- was removed and was killed
in Margozar- who was his friend (Abdul
Wadood) - who can be his opponent in future.
Our whole family is still against the Royal
family of Swat and clashes remain
still.(Hakimzai, 2017).
The constitution of Pakistan 1973 give details
as,
(1) Every citizen shall have the right to form
associations or unions, subject to any
reasonable restrictions imposed by law in the
interest of sovereignty or integrity of Pakistan,
public order or morality.
(2) Every citizen, not being in the service of
Pakistan, shall have the right to form or be a
member of a political party, subject to any
reasonable restrictions imposed by law in the
interest of the sovereignty or integrity of
Pakistan and such law shall provide that where
the Federal Government declares that any
political party has been formed or is operating
in a manner prejudicial to the sovereignty or
integrity of Pakistan, the Federal Government
shall, within fifteen days of such declaration,
refer the matter to the Supreme Court whose
decision on such reference shall be final.
Freedom of trade, business or profession
In princely state of Swat everyone have
freedom of trade, business and occupation.
There is no such restriction on anyone that to
force anyone for profession etc. There was
Fazal Wahab political science
complete freedom in Swat. There in Swat no
taxation on the trade accept imports and
exports to Swat. If anyone have to import or
export must have Rahdaari in Jalala
Swat(Ahmad, 2017). The constitution of
Pakistan related to this right says,
‘’Subject to such qualifications, if any, as may
be prescribed by law, every citizen shall have
the right to enter upon any lawful profession
or occupation, and to conduct any lawful trade
or business’’.
Freedom of speech, etc.
In all Monarchical societies there is restriction
on speech against the ruler, same was the case
of princely state of Swat. The constitution of
Pakistan 1973 give detail about this right as
follow,
Every citizen shall have the right to freedom of
speech and expression, and there shall be
freedom of the press, subject to any
reasonable restrictions imposed by law in the
interest of the glory of Islam or the integrity,
security or defence of Pakistan or any part
thereof, friendly relations with foreign States,
public order, decency or morality, or in relation
to contempt of court, 1[commission of] or
incitement to an offence.
Right to information.
This right is discussed in the constitution of
Pakistan 1973 in article 19A as ‘’every citizen
shall have the right to have access to
information in all matters of public importance
subject to regulation and reasonable
restrictions imposed by law’’(Hussain Niazi,
2012). In Swat state nothing was hidden and
everyone have the right to access to the official
decisions of the courts, but the structure was
not such as it is today having a bureaucratic
setup.(Mehmood Khan, 2017).
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Constitution of Pakistan
Freedom to profess religion and to manage
religious institutions
Swat state was ideal in this right, everyone is
independent in his religion and managing
religious institutions. All the religion have
freedom to profess their religion. There was no
grouping in Islam and other religion are free for
their religious activities. All people live with
peace and love with each other. We can
understand from current situation of Swat that
thousands of people of other religion still live
in Swat(Ishaq, 2017). Constitution of Pakistan
give details as,
(a) Every citizen shall have the right to profess,
practice and propagate his religion; and
(b) Every religious denomination and every
sect thereof shall have the right to establish,
maintain and manage its religious institutions.
Safeguard against taxation for purposes of
any particular religion
Constitution of Pakistan 1973 under article 21
explains this right as, ‘’No person shall be
compelled to pay any special tax the proceeds
of which are to be spent on the propagation or
maintenance of any religion other than his
own’’. In princely state of Swat there was no
such direct taxation on anyone however the
collective religious work was compulsory on
Muslims that to pay to Masjid in the form of
wood as used for fire in Masjid in winter season
and grains to the Imam –religious leader-as a
reward of his duty. However this was not
compulsory on non-Muslims but they
sometime pay to Masjid in shape of wood and
grain as they were peaceful to each other and
use to go to their religious gatherings of Eid,
Holli and such other gatherings.
Fazal Wahab political science
Safeguards as to educational institutions in
respect of religion, etc.
Under article 22 of the constitution of Pakistan
1973 this is explained as,
(1) No person attending any educational
institution shall be required to receive religious
instruction, or take part in any religious
ceremony, or attend religious worship, if such
instruction, ceremony or worship relates to a
religion other than his own.
(2) In respect of any religious institution, there
shall be no discrimination against any
community in the granting of exemption or
concession in relation to taxation.
(3) Subject to law,
(a) No religious community or denomination
shall be prevented from providing religious
instruction for pupils of that community or
denomination in any educational institution
maintained wholly by that community or
denomination; and
(b) No citizen shall be denied admission to any
educational institution receiving aid from
public revenues on the ground only of race,
religion, caste or place of birth.
(4) Nothing in this Article shall prevent any
public authority from making provision for the
advancement of any socially or educationally
backward class of citizens.
In the princely state of Swat in schools the
subject of Islamiat was compulsory and for
minorities there was open choice to study
Islamiat or to study other optional subject of
ethics, there was no force on anyone to
participate in other’s religious activities. (Zada,
2017)
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Constitution of Pakistan
Provision as to property
In princely state of Swat everyone had the right
to keep property. We haven’t have example
that there was restriction on property,
however one thing was that when someone
committed a serious crime and then
disappears then the government took his
property in his control(Shah, 2017). Under the
constitution of Pakistan 1973 the property
rights were given to the citizens and under
certain condition of law one can be deprived
from his property. The details of article 23-24is
as under,
‘’Every citizen shall have the right to acquire,
hold and dispose of property in any part of
Pakistan, subject to the Constitution and any
reasonable restrictions imposed by law in the
public interest’’. Under article 24 give details of
protection of property as follow,
(1) No person shall be deprived of his property
save in accordance with law.
(2) No property shall be compulsorily acquired
or taken possession of save for a public
purpose, and save by the authority of law
which provides for compensation therefor and
either fixes the amount of compensation or
specifies the principles on and the manner in
which compensation is to be determined and
given.
Equality of citizens
All the citizen of princely state were equal
before law. One of my respondent said that
justice was its peak that the right hand of Waali
sahib Sultanat khan – Bahadar khan- was once
opponent to a citizen and were call to court
and treated as the rest of the citizens, at that
time Wali Sahib was on his official tour to
England and his son was Walid Ihad –the
prince- was the judge. There was no
discrimination on the bases of sex and will be
not unfair if say that female have more
Fazal Wahab political science
protection in the society(I. Khan, 2017). Under
the constitution of Pakistan equality is
described as,
(1) All citizens are equal before law and are
entitled to equal protection of law.
(2) There shall be no discrimination on the
basis of sex.
(3) Nothing in this Article shall prevent the
State from making any special provision for the
protection of women and children.
Right to education
In princely state of Swat there was completely
free education. The student were to encourage
by different means like every day at the break
time pure milk were gave to the children, 5 kg
of cooking oil per month and other scholarship
were to give at that time(Sayyed, 2017). After
eighteen amendment in 2010 one new article
‘25A’ was added to constitution of Pakistan
which is as under,
The State shall provide free and compulsory
education to all children of the age of five to
sixteen years in such manner as may be
determined by law.
Non-discrimination in respect of access to
public places
The constitution of Pakistan say, ‘’Non-
discrimination in respect of access to public
places’’ under article 26 of 1973 constitution.
The Swat state guaranteed this right and was
no discrimination on the bases of religion, sex
or cast. The males and females have their
separate gatherings in Eid and mostly believers
of other religions join them in their
festivals(Muhammad Khan, 2017).
Conclusion
While ending our discussion here, we can
conclude that in princely state of Swat there
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were number of rights available to the citizens,
however that rule can be criticised on certain
issues. It may be the lack of democratic setup
in the state. In addition to that, there was no
freedom of speech against the ruler but,
interestingly only one protest from few land
lords came in front of us, being held in
Peshawar. The sole of democratic government
is participation of the people in the state
affairs, it may be in the form of elected
representatives or direct representation.
However, while comparing the interviews and
the present constitution of Pakistan, we feel a
huge difference in it. There are flaws in our
constitution –constitution of Pakistan 1973-
for example, each group promoting his interest
openly as per the article 20 of constitution
grant, resulting in hundreds of groups both
religious and non-religious, who promote
there self-interest rather promoting national
interests. It is also a cause for the sectarian
violence in our society.
Lastly, the period before 21st century wasn’t
witness to advancements in political wisdom.
That is why, the rule of Princely state of swat
lacked democratic culture. However, in spite of
this spirit the remaining laws were quite
satisfactory and were highly welcomed by the
citizens.
Bibliography
Ahmad, B. (2017, May 23). business in swat.
Hakimzai, badrul hakim. (2017, May 11).
Rights of subjects in swat.
Hussain Niazi, K. (2012, February 28).
constitution of Pakistan.
Ishaq, M. (2017, June 6). Discussion on the
rights of Subject in prencely state of
Swat.
Khan, I. (2017, May 8). Rights at the time of
Wali sahib.
Khan, M. (2017, March 2). Right to
information.
Fazal Wahab political science Constitution of Pakistan

Khan, M. (2017, May 24). Rights of citizen

under the rule of Wali sahib.
Mabbood, S. (2017, June 18). rights of subject
in princely state of Swat.
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basic right of citizens.
Shah, Z. (2017, May 6). property rights.
ul Rahman, A. (2017, June 11). Asylum of
Usman Ghani father of Amjad ali.
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