Fundamental Rights in Constitution of Pakistan 1973
What are Rights ?
Rights are legal, social, or ethical principles of freedom or entitlement; that is,rights are the
fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.
What are Fundamental Rights?
Fundamental rights are a group of rights that have been recognized by theSupreme Court as
"requiring a high degree of protection from government encroachment."
These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process.
Laws encroaching on a fundamental right generally must pass strict
scrutiny to be upheld as constitutional.
Fundamental Rights in Constitution of Pakistan 1973
1) Preface
Fundamental rights are the basic rights of the citizens of the state. In the Islamic
Republic Pakistan’s constitution of 1973 the list of fundamental rights has been given it
has also been clarified that any objectionable law under fundamental rights will be
considered null and void because every democratic state recognizes fundamental rights
for its citizen.
2) Definition of Fundamental Rights
Fundamental rights are those rights which have been legally recognized by the supreme
court of the Pakistan and are listed in the bill of rights in order to protect citizen from
government violation.
3 Relay Article
Constitution of Pakistan 1973 Article 8 to 28
4) Fundamental rights in the constitution
Following are the fundamental rights which have been listed under the Pakistan’
constitution 1973.
According to the Pakistan’s constitution 1973, No person shall be deprived of liberty and
life.
2. Prohibition of slavery and forced labour
According to the Pakistan’s constitution 1973, slavery is forbidden and all forms of
forced labour are prohibited. No child below the age of fourteen years shall be engaged
in any factory or mine
3. Protection against retrospective (old) punishment
According to the Pakistan’s constitution 1973, law is not authorized to punish a person
for an act or an omission that was not an offense at the time of act or omission.
4. Protection against double punishment and self-incrimination
According to the Pakistan’s constitution 1973, law is not authorized to punish a person
for any offense more than once as well as offender will not be compelled to give witness
against himself.
5. Protection of family
According to the Pakistan’s constitution 1973, the State shall protect the marriage, the
family, the mother and the child of the citizen.
6. Freedom of Movement
According to the Pakistan’s constitution 1973, every citizen of Pakistan has freedom of
movement through Pakistan reasonable restrictions have been imposed by law for the
benefit of public.
7. Freedom of association
According to the Pakistan’s constitution 1973, every citizen of Pakistan has right of form
associations or unions but formation of associations should be within the limits.
8. Freedom of peaceful assembly
According to the Pakistan’s constitution 1973, every citizen has the right to make
peaceful assembly without weapons, and reasonable restrictions have been imposed by
law for the benefit of public.
9. Freedom of trade, Business and profession
According to the Pakistan’s constitution 1973, every citizen has a right to adopt any
lawful profession, and can establish any lawful business.
10. Freedom of speech
According to the Pakistan’s constitution 1973, every citizen has a right of freedom of
speech and expression but reasonable restrictions have been imposed by law for the
benefit of public and state.
11. Freedom of religion
According to the Pakistan’s constitution 1973, every citizen has a right to promote,
practice and spread his religion.
12. Safeguard against religious taxes
No person shall be compelled to pay any special tax for promotion of any religion other
than his own.
13. Safeguard to establish educational institution of religion
Every religious community has a right to educate its followers and has a right to
establish its own educational institutions.
14. Political freedom
According to the Pakistan’s constitution 1973, every citizen of Pakistan has a right to be
member of any political party but public servant can’t take part.
15. Safeguards in case of arrest and detentions
Every person who is arrested and kept in custody shall be brought before a magistrate
within a period of twenty-four hours after such arrest
16. Equality of citizen
According to the Pakistan’s constitution 1973, all citizens including women and children
are equal in the eyes of law and are entitled with equal rights
17. Freedom of property rights
According to the Pakistan’s constitution 1973 provides protection to the properties of
the citizens and no one can deprive them from their own properties.
18. Right of access to public places
According to the Pakistan’s constitution 1973 every citizen has a right to access places
of public entertainment, there will be no restriction against any citizen on the basis of
race, religion, caste, sex, residence or place of birth.
19. Right to job
According to the Pakistan’s constitution 1973, every citizen has a right to get job without
any problem.
20. Right of language and culture
According to the Pakistan’s constitution 1973, national language of Pakistan is Urdu but
any section of citizen having different language script or culture has a right of preserve
and promotes the same and establishes institution for the purpose.
21. Right of fair trial
According to the Pakistan’s constitution 1973, every person is entitled to fair trial and
due process. Under the law everyone who is charged with a criminal offence is
presumed innocent until proved guilty.
22. Right of education
According to the Pakistan’s constitution 1973, right of education.—The State shall
provide free and compulsory education to all children of the age of five to sixteen years
23. Right of information
According to the Pakistan’s constitution 1973, every citizen has a right to have access to
information in all matters of public importance without an issue.
5) Can fundamental rights be suspended ???
During a national emergency, when state in itself in danger a many fundamental rights can be suspended because fundamental rights have no real meaning but the Right of Life and Personal Liberty cannot be suspended according to the original Constitution
6) Difference between fundamental rights and ordinary rights
1) As to source
Fundamental rights are available under the constitution.
Ordinary rights are provided by the ordinary law.
2) As to scope
Fundamental rights have wider scope
Ordinary rights have less scope
3) As to enforceability
Fundamental rights are enforceable even against the government.
Ordinary rights are not enforceable against the government
6) Preclude Remarks
To Preclude, we can say that the fundamental rights are part of the constitutional law. There can be no democratic constitution without it as a many fundamental rights have been given in this constitution which are protecting people to get them violate by government. Fundamental rights cannot be suspended without applying constitutional methods.
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