PRESENTATION TITLE

FUNDAMENTAL
RIGHTS
Muhammad Haroon
Ph. D Scholar (Sharia‘h)
﷽
OUTLINE
Introduction
• Fundamental & Ordinary Rights: Relation
• Nature of fundamental rights
• Relevant Provisions
• Can fundamental rights be suspended?
• Remedies for the enforcement of fundamental rights
Summary​
 Fundamental Rights 4

INTRODUCTION
Fundamental Rights are the basic rights of the
citizens. In the Constitution of Pakistan, 1973 the list
on Fundamental Rights has been given and it has
also been clarified that any law repugnant to these
Fundamental Rights will be considered null and void.
Every democratic state recognizes the Fundamental
Rights its citizens.
 Fundamental Rights & Ordinary Rights
DIFFERENCES
AS TO A SOURCE
• Fundamental Rights are available under the
constitution.
• Ordinary Rights are granted by the ordinary laws.
AS TO SCOPE
• Fundamental Rights have wider sense.
• Ordinary Rights have less scope.
AS TO
• ENFORCEABILITY
Fundamental Rights ale enforceable even against the state.
• Ordinary Rights have less scope.
 NATURE

Nature of the Fundamental Rights

• The Fundamental Rights are not

absolute. Although the fundamental
rights have been given by the
constitution but it does not mean
uncontrolled liberty.
Fundamental Rights
RELEVANT PROVISIONS 7

Fundamental Rights have been discussed under the articles 8-28 of constitution of Pakistan.
8. Laws inconsistent with or in derogation of 19. Freedom of speech, etc.
fundamental rights to be void. 19A. Right to information.
9. Security of person 20. Freedom to profess religion and to manage
10. Safeguards as to arrest and detention religious institutions
10A. Right to fair trial 21. Safeguard against taxation for purposes of
11. Slavery, forced labour, etc., prohibited any particular religion
12. Protection against retrospective punishment 22. Safeguards as to educational institutions in
13. Protection against double punishment and self- respect of religion, etc
incrimination 23. Provision as to property
14. Inviolability of dignity of man, etc. 24. Protection of property rights
15. Freedom of movement, etc. 25. Equality of citizens
16. Freedom of assembly 25A. Right to education
17. Freedom of association 26. Non-discrimination in respect of access to
18. Freedom of trade, business or profession public places
27. Safeguard against discrimination in services
28. Preservation of language, script and culture
8 Fundamental Right
9. Security of person No person shall be deprived of life or liberty.

Liberty defined as “each of those social and political freedoms which are
considered to be the entitlement of all members of a community” - Oxford
English Dictionary

11. Slavery, forced labour, etc., (2) All forms of forced labour and traffic in human beings are prohibited
prohibited (3) No child below the age of fourteen years shall be engaged in any
factory or mine or any other hazardous employment.

14. Inviolability of dignity of man (1) The dignity of man and, subject to law, the privacy of home, shall be
inviolable.
9
Fundamental Right

15. Freedom of movement 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.

16. Freedom of assembly Every citizen shall have the right to assemble peacefully and without arms,
subject to any reasonable restrictions imposed by law in the interest of public
order.

17. Freedom of association (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.
10
Fundamental Right
18. Freedom of trade, business or
profession
19. Freedom of speech, etc.
19A. Right to information
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.
Every citizen shall have the right to freedom of speech and
expression…subject to any reasonable restrictions imposed
by law…; 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.
11 Fundamental Right How it links to 25-A
22. Safeguards as to educational institutions in respect of (1) No person attending any educational institution shall be required to
religion, etc. receive religious instruction…if such instruction…relates to a religion
other than his own.
(3) (a) no religious community… shall be
prevented from providing religious instruction
for pupils of that community… in any
educational institution maintained wholly by
that community…
(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.

24. Protection of property rights (1) No person shall be compulsorily deprived of his property save in
accordance with law.
12 Fundamental Right How it links to 25-A

25. Equality of citizens (1) All citizens are equal before law and are entitled to equal protection
25A. Right to education 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.

26. Non-discrimination in respect of access to public (1) In respect of access to places of public entertainment or resort not
places intended for religious purposes only, there shall be no discrimination
against any citizen on the ground only of race, religion, caste, sex,
residence or place of birth.

28. Preservation of language, script and culture …any section of citizens having a distinct language, script or culture
shall have the right to preserve and promote the same and subject to
law, establish institutions for that purpose.
Fundamental Rights 13

SUMMARY
At conclusion it could be said that Fundamental Rights
are part and parcel of constitutional law. There can be
no democratic constitution without it. In the
constitution, Fundamental Rights have been given.
These Fundamental Rights safeguards the liberty and
rights of the people. The Fundamental Rights cannot be
suspended without applying constitutional methods.
THANK YOU
Muhammad Haroon
mmmharoon623@gmail.com
0092-336-6239623