Contents
- What are fundamental rights?
- Constitutional basis (Articles 8–28)
- Rights relating to persons and body
- Rights relating to freedom
- Rights relating to religion
- Rights relating to property
- Rights relating to equality
- Right to education
- Rights relating to non-discrimination
- Rights relating to language
- Can fundamental rights be suspended?
- FAQs (past paper questions)
1. What are fundamental rights?
Fundamental rights are those rights that are explicitly or implicitly guaranteed in the constitution of a state. Unlike ordinary statutory rights, they are placed beyond the reach of any organ of the government — legislative or executive — and cannot be violated through ordinary law. Every democratic constitution recognises them as the cornerstone of individual liberty.
Legal definition: “Those rights which have their source in the federal constitution, and which are explicitly or implicitly granted, are called fundamental rights.”
2. Constitutional basis — Articles 8 to 28
Articles 8 to 28 of the Constitution of the Islamic Republic of Pakistan, 1973, set out the full catalogue of fundamental rights. Article 8 establishes the foundational rule: any law that contravenes a fundamental right is void to the extent of that inconsistency. The Objectives Resolution, incorporated as a substantive part of the constitution, provides the overarching framework — often called the Magna Carta of the Pakistani constitution.
Suspension: Fundamental rights may only be suspended under Articles 8(5), 232, and 233 of the constitution — i.e., when a state of emergency is proclaimed and the state itself is in danger.
3. Rights relating to persons and body
Security of person — Article 9
No person shall be deprived of life or liberty except in accordance with law. This article operationalises the rule of law at its most basic level — protection against arbitrary detention or killing.
Safeguards against arrest and detention — Article 10
Every arrested person must be: (1) informed of the grounds of arrest, (2) allowed to consult and be represented by a lawyer of their choice, and (3) produced before a magistrate within 24 hours of arrest.
Right to a fair trial — Article 10A
Inserted by the 18th Constitutional Amendment, Article 10A guarantees every person the right to a fair trial and due process in the determination of civil rights, obligations, or any criminal charge. This is one of the most cited newly inserted rights in recent exam papers.
Prohibition of slavery and forced/child labour — Article 11
Slavery is abolished and forbidden. All forms of forced labour and human trafficking are prohibited. No child under 14 years of age may be employed in factories, mines, or any hazardous occupation.
Protection against retrospective punishment — Article 12
No person shall be punished for an act that was not an offence at the time it was committed. Similarly, no greater or different penalty may be imposed than what was prescribed by law at the time of the offence. This embodies the Latin maxim nullum crimen, nulla poena sine lege.
Protection against double punishment and self-incrimination — Article 13
No person may be prosecuted or punished for the same offence more than once (double jeopardy). Additionally, no person can be compelled to give evidence against themselves (nemo tenetur se ipsum accusare).
Inviolability of dignity of man — Article 14
Human dignity is inviolable and cannot be curtailed by law. Privacy of the home is similarly protected, subject to lawful authority. Torture for the purpose of extracting evidence is expressly prohibited.
4. Rights relating to freedom
Freedom of movement — Article 15
Every citizen has the right to enter, remain, move through, reside in, and settle anywhere within Pakistan.
Freedom of assembly — Article 16
Citizens may assemble peacefully and without arms for lawful purposes. This right is subject to reasonable restrictions in the interest of public order.
Freedom of association — Article 17
Every citizen may form or join associations and unions. Citizens not in government service may form or join a political party, subject to reasonable restrictions related to the sovereignty and integrity of Pakistan, public order, or morality.
Freedom of trade, business, and profession — Article 18
Every citizen has the right to enter any lawful profession or occupation, and to carry on any lawful trade or business.
Freedom of speech and expression — Article 19
Every citizen enjoys freedom of speech and expression; freedom of the press is likewise guaranteed. Reasonable restrictions may be imposed by law in the interest of the glory of Islam, the integrity and security of Pakistan, public order, decency, morality, or the prevention of contempt of court.
Right to information — Article 19A
Also inserted by the 18th Amendment, Article 19A gives every citizen the right to access information in all matters of public importance, subject to reasonable restrictions imposed by law. This is a significant transparency right frequently examined in CSS and LLB papers.
5. Rights relating to religion
Freedom to profess religion — Article 20
Every citizen has the right to freely profess, practise, and propagate their religion, subject to law, public order, and morality.
Safeguard against religious taxes — Article 21
No person shall be compelled to pay any special tax for the support, propagation, or maintenance of any religion other than their own.
Safeguards for educational institutions on religious grounds — Article 22
Every religious community and denomination has the right to establish its own educational institutions, and to educate its pupils in its own religion. No person attending a public educational institution may be required to receive religious instruction or participate in religious worship other than their own.
6. Rights relating to property
Freedom to acquire property — Article 23
Every citizen has the right to acquire, hold, and dispose of property anywhere in Pakistan, subject to the constitution and the law.
Protection of property rights — Article 24
No person shall be deprived of their property except in accordance with law. Compulsory acquisition of property by the state is only permissible for a public purpose and requires payment of compensation.
7. Rights relating to equality
Equality of citizens — Article 25(1)
All citizens are equal before the law and are entitled to equal protection of the law — one of the most fundamental guarantees in any constitutional democracy.
Quranic reference: “Deal justly; that is nearer to your duty.” | Hadith: “People are all equal as the teeth of a comb.”
No discrimination on the basis of sex — Article 25(2) and (3)
Discrimination on the basis of sex is prohibited. However, the state may make special provisions for the protection of women and children, recognising that formal equality may sometimes require substantive differentiation.
8. Right to education — Article 25A
Inserted by the 18th Amendment, Article 25A obliges the state to provide free and compulsory education to all children between the ages of five and sixteen years. This is one of the three most commonly examined newly added rights.
9. Rights relating to non-discrimination
Right of access to public places — Article 26
All citizens have the right of access to public places. No citizen may be denied access to shops, restaurants, hotels, entertainment venues, or other public places on grounds of race, religion, caste, sex, or place of birth. Places of worship are excluded from the definition of public places.
Safeguard against discrimination in public service — Article 27
No citizen who is otherwise qualified may be discriminated against in appointment to any service of Pakistan on the grounds of race, religion, caste, sex, residence, or place of birth.
10. Rights relating to language — Article 28
While Urdu is the national language (Article 251), any section of citizens with a distinct language, script, or culture has the right to preserve, promote, and develop that language and culture, and to establish institutions for those purposes.
11. Can fundamental rights be suspended?
Yes — but only under strictly defined emergency conditions. Articles 232 and 233 permit the suspension of certain fundamental rights during a proclamation of emergency, when the security or integrity of Pakistan is threatened by war, external aggression, or internal disturbance. Article 8(5) similarly carves out certain rights during emergencies. Outside of these narrow conditions, fundamental rights operate as an absolute check on state power.
12. Frequently asked questions (past exam questions)
- What is the significance of fundamental rights in a democratic state? Discuss with reference to retrospective punishment, double punishment, and dignity of man. (2019-S)
2. Fundamental rights limit governmental authority and protect individual liberty. Articles 12, 13, and 14 specifically guard against ex post facto laws, double jeopardy, self-incrimination, and torture — pillars of any fair legal system.
Explain the scope of fundamental rights in Pakistan with reference to fair trial, freedom of association, and equality of citizens. (2019-A)
Articles 10A, 17, and 25 respectively guarantee these rights. Their scope extends to all citizens; restrictions are permissible only when reasonable and in the public interest.
Which fundamental rights were newly inserted through the 18th Constitutional Amendment? (2018-A)
The three newly inserted rights are: right to a fair trial (Article 10A), right to information (Article 19A), and right to free and compulsory education (Article 25A).
What safeguards have been provided in the 1973 constitution against arrest and detention? (2017-S)
Article 10 requires that an arrested person be told the grounds of arrest, be allowed legal representation, and be produced before a magistrate within 24 hours.
How are fundamental rights different from the principles of policy? (2017-A)
Fundamental rights (Articles 8–28) are justiciable — courts can enforce them directly. Principles of policy (Articles 29–40) are non-justiciable guidelines for the state; they cannot be enforced in court.
