INTRODUCTION
Fundamental Rights are the basic rights of the citizens In the constitution of 1973 the list of Fundamental rights has been given. Every democratic state recognizes the fundamental rights of its citizens. Such rights cannot be suspended or vanished due to constitutional guarantee, other than if the state itself is in danger.
RELEVANT PROVISIONS
Articles 8 to 28 of the 1973 Constitution provide fundamental rights.
LITERAL MEANING
“Those rights which have their source in the federal constitution and which are explicitly or implicity granted are called Fundamental Rights.”
DEFINITION OF FUNDAMENTAL RIGHTS
Those rights which are explicitly or implicitly guaranteed in the Constitution are called Fundamental Rights.
OBJECTIVE RESOLUTION AS PART OF THE CONSTITUTION
The principles and provisions set out in the Objectives Resolution are substantive parts of the present constitution of the Islamic Republic of Pakistan. The scope of the constitutional law in Pakistan can only be determined by objective resolution The objective resolution is called the Magna Carta of the present constitution of Pakistan.
BASIS OF FUNDAMENTAL RIGHTS
According to Article: 8. no law shall be considered a good law if it is in violation of fundamental rights. However, the fundamental rights can be suspended under Articles 8(5), 232 and 233 of the 1973 constitution of the Islamic Republic of Pakistan.
FUNDAMENTAL RIGHTS IN THE 1973 CONSTITUTION
Following are the important Fundamental right in accordance with the constitution.
(A) F. RELATING TO PERSONS & BODY
The Fundamental rights relating to person and body are the following.
Security of Person: Article 9:
No person shall be deprived of life or liberty save in accordance with law. This Article is based on the rule of law.
Safeguards as to Arrest & Detention: Article 10:
When a person is arrested, he shall be told the grounds of his arrest. Such a person shall have the right to be consulted and represented by a lawyer. Every person who is arrested and detained in custody shall be produced before a Magistrate within a period of twenty-four hours of such arrest.
Right to a fair trial: Article 10A:
Any person for the determination of his civil rights and obligations or in any criminal charge against him shall be entitled to a fair trial and due process.
Prohibition of Slavery, Forced & Child Labor: Article 11:
- Under this Article, Slavery is non-existent and forbidden And A person cannot be enslaved.
- All forms of forced labour & traffic in human beings are prohibited.
- No child under the age of 14 years can be engaged in factories, mines or dangerous hazardous employment.
Protection against Retrospective Punishment: Article 12:
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 or for an offence, by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
Protection against Double Punishment and Self-Incrimination: Art. 13:
No person shall be prosecuted or punished for the same offence more than once. Also, no person shall be compelled to give witness against himself.
Inviolability of Dignity of Man: Article 14:
The dignity of man is inviolable and it is not subject to the law. However, the privacy of the home is inviolable but it is subject to the law. No person shall be subjected to torture for the purpose of extracting evidence.
(B) F. RIGHTS RELATING TO FREEDOM
The fundamental rights relating to freedom are the following.
Freedom of Movement: Article 15:
Every citizen shall have the right to remain, the Right to enter, the Right to move, the Right to reside, and the right to settle freely throughout Pakistan.
Freedom of Assembly: Article 16:
Every citizen shall have the freedom to assemble peacefully and without arms and for peaceful purposes.
Freedom of Association: Article 17:
Every citizen shall have the night to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan, public order or morality.
Every citizen, not in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan.
Freedom of Trade, Business & Profession: Art.18:
Every citizen of Pakistan shall have the right to enter upon any lawful profession or occupation or conduct any lawful trade or business.
Freedom of Speech: Article 19:
Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam, or the integrity, security or defence of Pakistan
Right to information: Article 19A:
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.
(C) F. RIGHTS RELATING TO RELIGION
The fundamental rights relating to religion are the following.
Freedom to profess religion: Article 20:
Every citizen of Pakistan shall have the right to profess, practise and propagate his religion.
Safeguard against Religious Taxes: Article 21:
No person shall be compelled to pay any special tax for the support of propagation or maintenance of any religion other than his own.
Safeguards as to Educational Institution in Respect of Religion: Article 22:
Every religious community will be free to educate its pupils in its own religion Every religious sect has night to establish its own educational institutions
(D) F. RIGHTS RELATING TO PROPERTY
The fundamental rights relating to property are the following.
Freedom to Acquire Property: Article 23:
Every citizen has the right to acquire, hold and dispose of property in any part of Pakistan.
Protection of Property Rights: Article 24:
The 1973 constitution of Pakistan provides safeguards for property rights. No person will be deprived of his property save in accordance with the law.
(E) F. RIGHTS RELATING TO EQUALITY
The fundamental rights relating to equality are the following:
Equality of Citizen: Article 25(1):
All citizens are equal before the law and are entitled to equal protection of the law.
No discrimination: Article 25(2):
There shall be no discrimination on the basis of sex.
Protection of women and children: Article 25(3):
Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
Quranic Reference: “Deal justly that is nearer to your duty”.
Saying of Prophet (PBUH): “People are all equal as teeth of a comb”.
(F) FUNDAMENTAL RIGHT AS TO EDUCATION
Free and compulsory education: Article 25A:
The State shall 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”.
(G) F. RIGHTS AS TO NON-DISCRIMINATION
Fundamental rights relating to non-discrimination are the following.
Right to Access to Public Places; Article 26:
Every citizen of Pakistan has the right to access public places and denial of it would be against fundamental rights. The worship places are not public places.
Safeguard against discrimination in services:
No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.
(H) F. RIGHTS RELATING TO LANGUAGE
Right of Language and Culture: Article 28:
Under the constitution, the National Language of Pakistan is Urdu but any section of a citizen having a distinct language script or culture shall have the right to preserve and promote the same and establish an institution for the purpose.
Exception: Article 251: Urdu is the national language but English may be adopted for official purposes.
CAN FUNDAMENTAL RIGHTS BE SUSPENDED
When the state itself is in danger the fundamental right can be suspended because fundamental rights have no real meaning. If the state itself is in danger.
CONCLUSION
It is concluded that fundamental rights are part and parcel of the constitutional law. There can be no democratic constitution without it. In the 1973 constitution, fundamental rights have been given.
When a right is safeguarded by a constitutional guarantee it is called “Fundamental Right because by doing so it has been placed beyond the power of any organ of the state, whether, executive or Legislative to act in violation of it
FAQs
Elaborate the significance of Fundamental Rights in a democratic State. Discuss the Fundamental Rights with special reference to;
- Protection against retrospective punishment
- Protection against double punishment and self-incrimination
- Inviolability of dignity of man
(2019-S)
Explain the scope of fundamental rights in Pakistan and discuss with special reference a fair trial, freedom of Association and Equality of Citizens.
(2019-A)
What do you know about the concept of ‘fundamental rights’ as given in the Constitution of Pakistan, 1973? Highlight those fundamental rights which were newly inserted through the 18th constitutional amendment.
(2018-A)
Define fundamental rights. What safeguards have been provided in the 1973 constitution against the arrest and detention of a person?
(2017-S)
Explain the fundamental rights in the 1973 constitution and how the Fundamental Rights are different from Principles of Policy.
(2017-A)
Comment. Explain the significance of fundamental rights comprehensively emphasizing the freedom of movement, freedom of association and freedom of speech, press and expression.
(2015-S)
Explain the significance of fundamental rights comprehensively emphasizing the newly inserted rights of the Right to Education, Right to Fair Trial and Freedom of Information.
(2014-A)
