Constitution of Pakistan

Constitution definition

 Merriam-Webster
 the basic principles and laws of a nation, state, or social group that
determine the powers and duties of the government and guarantee certain
rights to the people in it
 a written instrument embodying the rules of a political or social
organization
 The third Constitution of Pakistan was passed unanimously by the National Assembly
on 10 April 1973. The unique thing about this Constitution was that all the major
political parties agreed on the draft and signed it before it was presented in the National
Assembly. The Constitution of Pakistan provides for parliamentary democracy in the
country. It assures fundamental rights, provincial autonomy and local governance. It
also paves the way for a sense of equality among the federating units by giving equal
representation to all provinces in the upper house.
 Every human being is entitled to enjoy his or her human rights without
distinction of race, colour, sex, language, religion, political or other opinion,
social origin, property, birth or other status. 
Difference between Human Rights and
Fundamental Rights
 States are obliged to protect, promote and ensure the enjoyment of human
rights. Most human rights are owed by states to “all people” within their
territory, while certain human rights are owed by states to “particular groups of
people”. The main difference between human rights and fundamental rights is
territorial. Human rights are ‘universal’ and without any limitation. In contrast,
fundamental rights exist within a specific legal system whereby a right is an
interest recognized and protected by law.
 When a right is safeguarded by a Constitutional guarantee, it is known as a
‘fundamental right’ which gets placed beyond the power of any organ of the
state and neither the executive nor the legislature shall act in violation of it.
Such a right cannot be taken away, suspended or restricted, unless expressly
provided for in the Constitution.
Peace can only last where
human rights are respected,
where people are fed and
where individuals and
nations are free.”
Fundamental Rights in the Constitution of Islamic
Republic of Pakistan.

 Introduction
 Fundamental rights are the basic rights of the citizens.
According to constitution of Pakistan, all citizens are equal
before law and are entitled to equal protection of law.
 In Pakistan, fundamental rights have been enshrined
in Chapter II and Articles 8-28 of the Constitution of
Pakistan, 1973. Articles 15-20, 23 and 25 address the
fundamental rights of citizens of Pakistan, while Articles 9-
14, 21, 22 and 24 address the rights of a person in general.
Followings are the fundamental rights
guaranteed to the citizens of Pakistan
under constitution.
 Article 8.
 Laws inconsistent with or in derogation of fundamental rights to be void.
 Under Article 8 of the Constitution, the Supreme Court as the apex court has the power to
declare any law, usage or custom as void if it is inconsistent with the rights conferred
in Chapter II of the Constitution, or abridges the rights so conferred, or takes away the
rights so conferred.
 Exception: This does not apply to the acts of armed forces, police forces or any other
forces for the maintenance of public order with the purpose of proper discharge of their
duties.
 Article 9: Security of Person
 No person shall be deprived of ‘life’ or ‘liberty’.
 The word deprivation means total loss, not restricted to the freedom of movement [AIR 1951
Bom. 30].
 The right to life and liberty includes the right to a clean environment, rule of law and
incorruptible administration of government
 Exceptions: Save in accordance with law.
 Article 10: Safeguard as to Arrest and Detention

 A person must be informed of the grounds of his or her arrest and

must have the right to consult and be defended by a lawyer of his
or her choice.
 Detained/arrested persons are to be brought before a magistrate
within 24 hours and not to be detained in custody beyond the said
period (except with the authority of the magistrate).
 Exceptions: In case of preventive detention, a 3-month detention
can be increased by another 3 months, as per the circumstances,
particularly applicable in cases where a person has been acting in
a manner prejudicial to the integrity of Pakistan, security of
Pakistan, defence of Pakistan, or public order of Pakistan, or any
part thereof.
 Article 10A.
 Right to fair trial: 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.
Article 11: Prohibition of Slavery and Forced Labour
 Slavery (forbidden).
 Forced labour (prohibited).
 Human trafficking (prohibited).
 Child labour (prohibited under the age of 14 years and for hazardous
employment).
 Exception: Compulsory service for the punishment of an offence, but
which shall still not be of a ‘cruel nature’ or incompatible with ‘human
dignity’.
Article 12: Protection Against Retrospective Punishment
 Not to punish what was not punishable at the time of the act or omission.
Article 13.
 Protection against double punishment and self-incrimination.
Article 14. Inviolability of dignity of man, etc.
 Article 15. Freedom of movement, etc.
 Article 16. Freedom of assembly.
 .
Article 17. Freedom of association:
 Freedom to form, join, or become a member of any association, union, or
political party (whereby political parties must account for the source of
their funds).
 Exception: Subject to reasonable restrictions imposed in interests of the
sovereignty of Pakistan, integrity of Pakistan, or public order and morality.
Article 18. Freedom of trade, business or profession
Article 19.
 Freedom of speech, etc. 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 defense of Pakistan or any part thereof,
friendly relations with foreign States, public order, decency or morality, or in
relation to contempt of court [commission of] or incitement to an offence.
 Article 19A.
 Right to information: 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.
 Article 20.
 Freedom to profess religion and to manage religious institutions.
 Article 21.
 Safeguard against taxation for purposes of any particular religion.
 Article 22.
 Safeguards as to educational institutions in respect of religion, etc.
 It shall be the duty of the state to advance citizens educationally and socially.
 No one shall be compelled to take part in or attend religious worship other than
one’s own.
 There shall be no discrimination against any community in the granting of
exceptions or concessions with regard to religious institutions.
 No pupil shall be refrained from getting religious education of his or her
choosing.
 There shall be no discrimination with regard to admission into any educational
institute.
 Article 23.
 Provision as to property. 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.
 Article 24. Protection of property rights.
 Article 25. Equality of citizens.
 Article 26. Non-discrimination in respect of access to public places.
 Article 27. Safeguard against discrimination in services.
 Article 28. Preservation of language, script and culture