Constitutional Rights in Pakistan: 1973 Framework
1. Introduction
Fundamental rights are the basic rights of the citizens. In the Constitution of 1973, the list of 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 of its citizens.
2. Relevant Provisions
Articles 8–28
3. Objective Resolution as Part of the Constitution
The principles and provisions set out in the Objectives Resolution are a substantive part of the present Constitution of the Islamic Republic of Pakistan. The scope of the constitutional law in Pakistan can only be determined by the Objectives Resolution. The Objectives Resolution is called the Magna Carta of the present Constitution.
4. Fundamental Rights in the Constitution 1973
Following are the important fundamental rights in accordance with the Constitution:
- (i) Security of Person: According to the Constitution, no person shall be deprived of life or liberty.
- (ii) Prohibition of Slavery and Forced Labour: Slavery is forbidden, and all forms of forced labour are prohibited.
- (iii) Protection Against Retrospective Punishment: Under the Constitution, no law shall authorize the punishment of a person for an act or omission that was not punishable by law at the time of the act or omission.
- (iv) Safeguards in Case of Arrest and Detention: Every person who is arrested and detained in custody shall be produced before a Magistrate within a period of twenty-four hours of his arrest.
- (v) Protection Against Double Punishment and Self-Incrimination: No person shall be prosecuted or punished for the same offence more than once, nor shall they be compelled to give evidence against himself.
- (vi) Freedom of Movement: Every citizen of Pakistan shall have the freedom of movement throughout Pakistan.
- (vii) Freedom of Association: Every citizen in Pakistan has the right to form associations or unions, provided that such steps are taken within the limits.
- (viii) Freedom of Assembly: Every citizen shall have freedom to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.
- (ix) Freedom of Trade, Business, and Profession: Every citizen of Pakistan shall have the right to enter upon any lawful profession or occupation or conduct any lawful business.
- (x) Freedom of Speech: Every citizen of Pakistan shall have freedom of speech as well as expression. Freedom of speech and expression is a major fundamental right of the people of Pakistan.
- (xi) Freedom of Religion: Every citizen of Pakistan shall have the right to profess, practice, and propagate his religion.
- (xii) Safeguard Against Religious Taxes: No person shall be compelled to pay any special tax for the support or propaganda of a religion other than his own.
- (xiii) Inviolability of Dignity of Man: The dignity of man and, subject to law, the privacy of home, shall be inviolable.
- (xiv) Political Freedom: Every citizen of Pakistan not being in the service of Pakistan shall have the right to form or be a member of a political party.
- (xv) Safeguards as to Educational Institutions in Respect of Religion: Every religious community will be free to educate its pupils in its own religion. Every religious sect has the right to establish its own educational institutions.
- (xvi) Equality of Citizen: All citizens are equal before the law and are entitled to equal protection of the law. There is no discrimination on the basis of race, religion, caste, or sex.
- (xvii) Freedom to Acquire Property: Every citizen has the right to acquire, hold, and dispose of property.
- (xviii) Protection of Property Rights: The Constitution of Pakistan 1973 provides safeguards to property rights. No person will be deprived of his property save in accordance with law.
- (xix) Right of Access to Public Places: Every citizen of Pakistan has access to public places.
- (xx) Right to Job: The right to a job is a fundamental right of the citizens of Pakistan.
- (xxi) Right of Language and Culture: Under the Constitution, the national language of Pakistan is Urdu, but any section of citizens having a distinct language, script, or culture shall have the right to preserve and promote the same and establish institutions for that purpose.
6. Can Fundamental Rights Be Suspended?
When the state itself is in danger, fundamental rights can be suspended because fundamental rights have no real meaning if the state itself is in danger.
7. Difference Between Fundamental Rights and Ordinary Rights
(i) As to Source:
- Fundamental rights are available under the Constitution.
- Ordinary rights are granted by ordinary law.
(ii) As to Scope:
- Scope of fundamental rights is wider.
- Ordinary rights have less scope.
(iii) As to Enforceability:
- Fundamental rights are enforceable even against the government.
- Ordinary rights are not enforceable against the government.
8. Remedies for the Enforcement of Fundamental Rights
Constitutional remedies have been provided for the enforcement of fundamental rights. These rights are enforceable by the High Court and Supreme Court of Pakistan.
9. Conclusion
To conclude, I can say that fundamental rights are part and parcel of the constitutional law. There can be no democratic constitution without them. In the Constitution of 1973, fundamental rights have been given. The fundamental rights safeguard the liberty and rights of the people. The fundamental rights cannot be suspended without applying constitutional methods.