1. What are fundamental rights?

Fundamental rights are those rights that are guaranteed by the constitution itself rather than by ordinary law. This distinction matters a great deal in practice. An ordinary legal right can be taken away or changed by parliament through simple legislation. A fundamental right cannot. It is placed beyond the reach of the legislature, the executive, and any other organ of the state.

In Pakistan, Articles 8 to 28 of the 1973 Constitution set out the full list of fundamental rights. Article 8 establishes the foundational rule: any law that contradicts these rights is void from the moment it is made.

2. Constitutional basis and the Objectives Resolution

The Objectives Resolution, passed in 1949, forms the philosophical foundation of Pakistan’s constitution. It was made a substantive part of the 1973 Constitution and is often called the Magna Carta of the Pakistani constitutional order. It sets out the broad principles within which all fundamental rights must be understood and interpreted.

Article 8 gives fundamental rights their legal force. It states that no law, custom, or usage that conflicts with these rights will be enforced. The only exceptions are narrow and specifically listed in the constitution itself, such as laws relating to the armed forces and certain laws listed in the First Schedule.

3. Rights relating to persons and body

Security of person — Article 9

No person can be deprived of life or liberty except in accordance with law. This is the most basic protection a constitution can offer. It means the state cannot arrest, detain, or harm a person without lawful authority. The rule of law begins here.

Safeguards against arrest and detention — Article 10

When a person is arrested, the police must tell them the grounds of their arrest. The arrested person has the right to consult a lawyer and to be represented by one. Most importantly, every arrested person must be produced before a magistrate within 24 hours. These protections exist to prevent arbitrary detention and to ensure that no one simply disappears into custody without legal process.

Right to a fair trial — Article 10A

This right was added through the 18th Constitutional Amendment and is one of the most significant additions to the fundamental rights chapter. Every person is entitled to a fair trial and due process in the determination of their civil rights or in any criminal charge against them. Courts cannot be bypassed, and decisions affecting a person’s legal rights must follow proper judicial procedure.

Prohibition of slavery and forced labour — Article 11

Slavery is abolished in Pakistan and is completely forbidden. All forms of forced labour and human trafficking are prohibited. The constitution also specifically protects children: no child under the age of 14 can be employed in a factory, mine, or any other hazardous occupation.

Protection against retrospective punishment — Article 12

A person cannot be punished for something that was not a crime at the time they did it. Nor can they be given a harsher punishment than what was prescribed by law at the time of the offence. This principle, known in legal Latin as nullum crimen sine lege, is a cornerstone of any fair criminal justice system.

Protection against double punishment and self-incrimination — Article 13

No person can be tried or punished for the same offence more than once. This is the protection against double jeopardy. The article also protects against self-incrimination: no one can be forced to give evidence against themselves. Both protections reflect the fundamental principle that the state bears the burden of proving guilt.

Inviolability of dignity of man — Article 14

Human dignity cannot be violated. This is stated plainly in the constitution and is not subject to any law. The privacy of the home is also protected, though subject to lawful authority. Torture for the purpose of extracting evidence is expressly and absolutely prohibited.

4. Rights relating to freedom

Freedom of movement — Article 15

Every citizen has the right to move freely throughout Pakistan, to reside anywhere, and to settle in any part of the country. This freedom cannot be taken away without lawful justification.

Freedom of assembly — Article 16

Citizens have the right to gather peacefully and without arms. Public gatherings for lawful purposes are protected. Reasonable restrictions can be placed in the interest of public order, but the state cannot simply ban peaceful assembly.

Freedom of association — Article 17

Every citizen can form or join associations and unions. Citizens who are not in government service can also form or join political parties. Restrictions are only permissible when they are reasonable and relate to the sovereignty of Pakistan, public order, or morality.

Freedom of trade, business and profession — Article 18

Every citizen has the right to choose any lawful profession, occupation, or business. The state cannot prevent someone from earning a living in a lawful way without proper legal basis.

Freedom of speech and expression — Article 19

Citizens enjoy freedom of speech, expression, and press. This freedom is subject to reasonable restrictions in the interest of the glory of Islam, the integrity and security of Pakistan, public order, decency, and the prevention of contempt of court. The key word is “reasonable” — restrictions must be proportionate and justified.

Right to information — Article 19A

This was another important addition through the 18th Amendment. Every citizen has the right to access information in all matters of public importance. This right promotes transparency and accountability in government. It is subject to reasonable restrictions imposed by law.

5. Rights relating to religion

Freedom to profess religion — Article 20

Every citizen has the right to freely profess, practise, and propagate their religion. This right is subject to law, public order, and morality, but it means the state cannot force anyone to change or hide their faith.

Safeguard against religious taxes — Article 21

No person can be forced to pay a special tax for the support or propagation of any religion other than their own. This protects citizens from being made to financially support religious practices they do not follow.

Religious educational institutions — Article 22

Every religious community has the right to establish its own educational institutions and to teach its children its own religion. No student at a public institution can be required to receive religious instruction or attend religious worship of a faith other than their own.

6. Rights relating to property

Freedom to acquire property — Article 23

Every citizen can acquire, hold, and dispose of property anywhere in Pakistan. This right is subject to the constitution and the law, but it means the state cannot arbitrarily prevent citizens from owning property.

Protection of property rights — Article 24

No person can be deprived of their property without lawful authority. If the state acquires property for a public purpose, it must do so through proper legal process and must pay fair compensation. Arbitrary seizure of property is unconstitutional.

7. Rights relating to equality

Equality of citizens — Article 25

All citizens are equal before the law and are entitled to equal protection of the law. There is to be no discrimination on the basis of sex. At the same time, the constitution allows the state to make special provisions for the protection of women and children, recognising that genuine equality sometimes requires treating different groups differently.

8. Right to education — Article 25A

This is one of the three rights added by the 18th Constitutional Amendment and one of the most practically significant. The state is required to provide free and compulsory education to all children between the ages of five and sixteen. This is not a policy aspiration but a constitutional obligation.

9. Rights relating to non-discrimination

Right of access to public places — Article 26

Every citizen has the right to access public places. No one can be denied entry to shops, hotels, restaurants, or entertainment venues on the basis of race, religion, caste, sex, or place of birth. Places of worship are excluded from this definition and are not considered public places for this purpose.

Non-discrimination in public service — Article 27

No qualified citizen can be discriminated against in appointment to any government service on the basis of race, religion, caste, sex, residence, or place of birth. Merit must be the basis of public appointments.

10. Rights relating to language — Article 28

While Urdu is the national language of Pakistan under Article 251, the constitution also protects linguistic minorities. Any group of citizens with a distinct language, script, or culture has the right to preserve and promote it, and to establish institutions for that purpose. Cultural diversity is thus given constitutional protection.

11. Can fundamental rights be suspended?

Fundamental rights are not absolute in the sense that they can never under any circumstances be limited. During a constitutionally proclaimed state of emergency under Articles 232 and 233, certain fundamental rights may be suspended. Article 8(5) also makes clear that rights cannot be suspended except as the constitution itself expressly provides.

The logic behind this is straightforward. If the state itself is under existential threat, the framework that protects individual rights becomes meaningless. But this power to suspend rights is narrow, temporary, and subject to strict constitutional conditions. It is not a blank cheque for the government.

12. Past exam questions and answers