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Fundamental Rights under the 1973 Constitution

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Fundamental Rights are constitutionally guaranteed entitlements that the State cannot abridge by ordinary legislation and that are enforceable through superior-court writ jurisdiction. In Pakistan, Articles 8 to 28 of the 1973 Constitution contain these rights, modelled in part on the Universal Declaration of Human Rights 1948 and the U.S. Bill of Rights, while retaining Islamic and federal elements.

Fundamental Right

A right guaranteed by the Constitution that is enforceable against the State through judicial review. Article 8(1) declares any law inconsistent with fundamental rights void to the extent of the inconsistency. Article 184(3) (Supreme Court) and Article 199(1)(c) (High Courts) provide the principal enforcement machinery.

Structural framework

  • Article 8 — Laws inconsistent with or in derogation of fundamental rights void.
  • Article 9 — Security of person; no deprivation save in accordance with law.
  • Article 10 — Safeguards as to arrest and detention.
  • Article 10A — Right to fair trial (inserted by 18th Amendment 2010).
  • Article 11 — Slavery, forced labour and trafficking forbidden.
  • Article 12 — Protection against retrospective punishment.
  • Article 13 — Protection against double punishment and self-incrimination.
  • Article 14 — Inviolability of dignity of man; no torture for extracting evidence.
  • Article 15 — Freedom of movement.
  • Article 16 — Freedom of assembly.
  • Article 17 — Freedom of association (including political parties).
  • Article 18 — Freedom of trade, business or profession.
  • Article 19 — Freedom of speech and expression.
  • Article 19A — Right to information (inserted by 18th Amendment).
  • Article 20 — Freedom to profess religion and manage religious institutions.
  • Article 21 — Safeguard against taxation for purposes of any particular religion.
  • Article 22 — Religious instruction safeguards in educational institutions.
  • Article 23 — Right to acquire, hold and dispose of property.
  • Article 24 — Protection of property rights.
  • Article 25 — Equality of citizens; gender equality; affirmative action for women and children.
  • Article 25A — Right to free and compulsory education from 5 to 16 (inserted by 18th Amendment).
  • 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.

Enforcement

Rights are enforced through:

  1. Supreme Court under Article 184(3) for questions of public importance involving fundamental rights.
  2. High Courts under Article 199 for writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto.

The Supreme Court enlarged its suo motu jurisdiction under Article 184(3), beginning with Benazir Bhutto v. Federation of Pakistan PLD 1988 SC 416, which liberalised locus standi and admitted public-interest litigation.

Key Points
  • Article 4 — right to be treated in accordance with law — supplements but is not a fundamental right.
  • Reasonable restrictions are permitted on most rights (e.g. Art. 19 — interests of Islam, integrity of Pakistan, public order, decency or morality, contempt of court, defamation).
  • Suspension of certain rights is possible only during emergency under Article 233.
  • Article 8(3)(b) excludes laws relating to armed forces, police and similar services from being struck down for inconsistency.

Landmark cases

CaseYearHolding
Benazir Bhutto v. Federation PLD 1988 SC 4161988Liberalised locus standi; political parties' right to function (Art. 17)
Shehla Zia v. WAPDA PLD 1994 SC 6931994Right to life (Art. 9) includes right to clean environment
Liaquat Hussain v. Federation PLD 1999 SC 5041999Military courts unconstitutional; right to fair trial
Watan Party v. Federation PLD 2011 SC 9972011Memogate; Art. 184(3) jurisdiction
Ms. Shahida Zaheer Abbasi v. President PLD 1996 SC 6321996Court martial powers limited by Art. 10

Right to life — expanded interpretation

The Supreme Court has read Article 9 ("no person shall be deprived of life or liberty save in accordance with law") expansively. In Shehla Zia v. WAPDA PLD 1994 SC 693, the Court held that the right to life includes "all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally" — clean air, water and a healthy environment. This was followed in Watan Party v. Federation PLD 2014 SC 663 on environmental hazards.

Freedom of speech — Article 19

Article 19 guarantees the right "subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence 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". The Prevention of Electronic Crimes Act 2016 has been challenged for crossing reasonable-restriction limits — pending PHC and SC scrutiny.

For CSS, structure fundamental-rights answers as: (1) text of the Article (paraphrase); (2) reasonable restrictions; (3) leading case (PLD/SCMR); (4) comparative reference (e.g. India's Art. 21 jurisprudence in Maneka Gandhi (1978)); (5) application to current facts. Always mention Article 184(3) and 199 for enforcement.

18th Amendment additions

The 18th Amendment 2010 added three vital rights: Article 10A (fair trial), Article 19A (information) and Article 25A (free education 5–16). The right to information was implemented through the Right of Access to Information Act 2017 and provincial statutes. Article 25A's enforcement remains uneven and a recurring matter of judicial concern.

Fundamental Rights under the 1973 Constitution — Constitutional Law CSS Notes · CSS Prepare