PAKISTAN STUDIES NOTES-GRADE 11th & 12th

Chapter # 2 – Constitutional Development in Pakistan

2.2.12. Discuss the Fundamental Rights Given in the Constitution of Pakistan 1973.

Fundamental rights are basic rights that are inherent to every human being by virtue of their humanity. These rights are typically enshrined in a country’s constitution or laws and are intended to protect individuals from infringement or abuse by the government or other individuals.

Fundamental rights, enshrined in the 1973 Constitution of Pakistan, are essential rights granted to individuals by a legal system. These rights, known as fundamental rights, are crucial for safeguarding individuals and cannot be disregarded. They originate from the constitution of a state and are considered inherent in all civilized societies, often referred to as natural rights. In times of Martial Law, some of these rights may be restricted or suspended.

Fundamental rights are the cornerstone of a democratic society, essential for the completeness of human life. They are universally granted to all citizens, and the state is not authorized to violate or deny anyone these rights. While these rights are available to all, they come with certain conditions outlined in the constitution. Therefore, individuals must fulfill these conditions to fully enjoy and exercise their fundamental rights.

The importance of fundamental rights in the 1973 Constitution of Pakistan

The importance of fundamental rights in the 1973 Constitution of Pakistan is underscored by several provisions that emphasize their significance and protection:

1. Article 8 (1): “Any law or any custom or usage, having the force of law, if it is inconsistent with the rights, conferred by this chapter, to be void.”
   • This provision insists on that any law or custom inconsistent with the fundamental rights conferred by the constitution shall be void. This ensures that no law or custom can override the fundamental rights guaranteed to individuals.

2. Article 8 (2): “The state shall not make any law which takes away these rights and any law if made in contravention of this clause shall be void.”
   • It mandates that the state cannot enact any law that infringes upon these fundamental rights. Any law made in contravention of this clause is deemed void, further safeguarding the rights of individuals.

3. Article 8(3): The provision of this article shall not apply to:
   • “Any law relating to members of the armed forces or of the police or of other forces who perform their official duties or for performing duties for discipline among them.”
   • Although fundamental rights are paramount, this article provides an exception for laws relating to members of the armed forces, police, or other forces when performing official duties or maintaining discipline among them. This exception ensures that the operational efficiency and discipline of these forces are not compromised while upholding fundamental rights.

4. Article 8(5): “These basic rights shall not be suspended, except expressly provided by the constitution.”
   • This clause asserts that basic rights shall not be suspended except as expressly provided by the constitution. It underscores the principle that fundamental rights are inherent and cannot be arbitrarily suspended, highlighting their non-negotiable status even during extraordinary circumstances.

Fundamental rights under the 1973 constitution:

Here are all the fundamental rights mentioned in Chapter 1 of the Constitution of Pakistan 1973:

1. Laws inconsistent with or in derogation of Fundamental Rights to be void (Article 8): This article ensures that any law, custom, or usage inconsistent with the fundamental rights conferred by the constitution shall be void.
2. Security of person (Article 9): Protects individuals from being deprived of life or liberty except in accordance with the law.
3. Safeguards as to arrest and detention (Article 10): Ensures that individuals have the right to be informed of the grounds for their arrest, the right to legal representation, and the right to be produced before a magistrate within 24 hours.
4. Protection against retrospective punishment (Article 12): Prohibits the punishment of individuals for acts or omissions that were not punishable by law at the time they were committed.
5. Protection against double punishment and self-incrimination (Article 13): Safeguards individuals from being prosecuted or punished multiple times for the same offense and protects them from being compelled to be witnesses against themselves.
6. Inviolability of dignity of man (Article 14): Guarantees the dignity of individuals and protects them from torture for the purpose of extracting evidence.
7. Freedom of movement (Article 15): Grants citizens the right to move freely throughout Pakistan, subject to reasonable restrictions imposed by law in the public interest.
8. Freedom of assembly (Article 16): Ensures the right of citizens to assemble peacefully, without arms, subject to reasonable restrictions imposed by law in the interest of public order.
9. Freedom of association (Article 17): Grants citizens the right to form associations or unions, subject to reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order, or morality.
10. Freedom of trade, business, or profession (Article 18): Grants citizens the right to enter upon any lawful profession or occupation and to conduct any lawful trade or business, subject to qualifications prescribed by law.
11. Freedom of speech, etc. (Article 19): Ensures the right to freedom of speech and expression, freedom of the press, subject to reasonable restrictions imposed by law in the interest of various considerations.
12. Right to information (Article 19A): Grants every citizen the right to access information in all matters of public importance, subject to regulation and reasonable restrictions imposed by law.
13. Freedom to profess religion and to manage religious institutions (Article 20): Grants citizens the right to profess, practice, and propagate their religion, and guarantees religious denominations the right to establish, maintain, and manage their religious institutions.
14. Safeguard against taxation for purposes of any particular religion (Article 21): Ensures that 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 their own.
15. Safeguards as to educational institutions in respect of religion, etc. (Article 22): Protects individuals attending educational institutions from being required to receive religious instruction or participate in religious ceremonies contrary to their own religion and ensures non-discrimination in granting exemptions or concessions in relation to taxation.
16. Provision as to property (Article 23): Grants every citizen the right to acquire, hold, and dispose of property in any part of Pakistan, subject to reasonable restrictions imposed by law in the public interest.
17. Protection of property rights (Article 24): Ensures that no person shall be deprived of their property except in accordance with the law and provides for compensation in case of compulsory acquisition or taking possession of property.
18. Equality of citizens (Article 25): Declares all citizens equal before the law and entitled to equal protection of the law and prohibits discrimination on the basis of sex.
19. Right to education (Article 25A): Requires the state to 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.
20. Non-discrimination in respect of access to public places (Article 26): Prohibits discrimination against any citizen on the ground of race, religion, caste, sex, residence, or place of birth in access to places of public entertainment or resort.
21. Safeguard against discrimination in services (Article 27): Prohibits discrimination in the appointment to the service of Pakistan on the basis of race, religion, caste, sex, residence, or place of birth, subject to certain exceptions and reservations.
22. Preservation of language, script, and culture (Article 28): Grants sections of citizens having a distinct language, script, or culture the right to preserve and promote the same, subject to law.

Conclusion

Fundamental rights constitute vital pillars of any democratic and civilized society, offering crucial safeguards to individuals. These rights are intrinsic to every member of the society, regardless of their religion, gender, nationality, or other factors.

Fundamental rights play a pivotal role in upholding the dignity of every human being. They serve as guardians of personal freedoms, including freedom of movement, trade, and speech, ensuring equality by prohibiting discrimination on various grounds such as race, religion, or gender.

In essence, fundamental rights are indispensable components for safeguarding and enhancing the inherent dignity of individuals within a democratic and civilized nation.