- What are the principles of policy?
- Difference between principles of policy and fundamental rights
- Responsibility to act — Article 29
- Islamic way of life — Article 31
- Local government — Article 32
- Discouraging parochialism — Article 33
- Participation of women — Article 34
- Protection of family — Article 35
- Protection of minorities — Article 36
- Social justice and eradication of social evils — Article 37
- Social and economic well-being — Article 38
- Armed forces and foreign relations — Articles 39 and 40
- Status and enforceability of principles of policy
- Past exam questions and answers
1. What are the principles of policy?
Every constitution contains two kinds of provisions. Some are hard rules that courts can enforce directly. Others are statements of national goals and ideals that guide the government in its work but cannot be challenged in a court of law. In Pakistan’s 1973 Constitution, the principles of policy belong to this second category.
They are found in Part II, Chapter 2, under Articles 29 to 40, immediately after the fundamental rights chapter. The framers of the constitution placed them there deliberately, to signal that while these principles are not enforceable rights, they are not mere decoration either. They represent the direction the state must move in and the values it must uphold in every policy decision it makes.
2. Difference between principles of policy and fundamental rights
This distinction is one of the most commonly examined points in LLB and CSS papers, and it is important to understand it clearly.
| Fundamental Rights | Principles of Policy |
|---|---|
| Articles 8 to 28 | Articles 29 to 40 |
| Justiciable — enforceable in court | Non-justiciable — not enforceable in court |
| Immediate legal obligations | Long-term policy goals |
| Violation can be challenged before High Court or Supreme Court | Cannot be challenged in any court |
| Available to every citizen as of right | Subject to availability of state resources |
| Bind legislature, executive, and judiciary | Guide all organs of state in policy making |
Despite being non-justiciable, the principles of policy are not without practical importance. Courts use them as an interpretive tool when construing the preamble or the fundamental rights. The National Economic Council is also required to follow these principles in its decisions.
3. Responsibility to act — Articles 29 and 30
Article 29 establishes a general duty on every organ and authority of the state, and every person performing functions on behalf of the state, to act in accordance with the principles of policy that relate to their functions. This is not an empty declaration. The constitution requires that every year the President, in relation to federal affairs, and every Governor, in relation to provincial affairs, must lay before the relevant legislative body a report on how the principles of policy have been observed and implemented during that year. A discussion must then be held on this report in the National Assembly, the Senate, or the provincial assembly as the case may be.
Article 30 places the responsibility of deciding whether any action is in conformity with the principles of policy on the organ or authority taking that action. This is significant because it means no court can be approached to make this determination. The accountability is political and administrative, not judicial.
4. Islamic way of life — Article 31
Article 31 is one of the most substantive principles of policy in the constitution. It places on the state a broad obligation to enable the Muslims of Pakistan to live their lives in accordance with Islamic teachings, both individually and collectively. Under this article, the state is required to make the teaching of the Holy Quran and Islamiat compulsory in schools. It must also facilitate the learning of the Arabic language, ensure the correct printing and publication of the Holy Quran, and promote unity among Muslims along with the observance of Islamic moral standards.
The article further requires the state to ensure the proper organisation of Zakat, Ushr, Auqaf, and mosques. These are not optional aspirations but express constitutional obligations placed on the government, even if they cannot be enforced through litigation.
5. Local government — Article 32
Article 32 directs the state to encourage and promote local government institutions. It also requires that representation be given to peasants, workers, and women in these institutions. The underlying idea is that democracy must reach the grassroots level, not remain confined to federal and provincial legislatures. Local government is the mechanism through which ordinary citizens participate most directly in governance.
6. Discouraging parochialism — Article 33
Pakistan is a diverse country with many ethnicities, languages, sects, and tribes. Article 33 addresses this reality by placing on the state a duty to actively discourage parochial, racial, tribal, and sectarian prejudices among citizens. National unity cannot be built on division. The constitution recognises this and treats the elimination of such prejudices as a state responsibility rather than a matter of private conscience alone.
7. Participation of women in national life — Article 34
Article 34 commits the state to taking concrete steps to ensure the full participation of women in all aspects of national life. This goes beyond simply allowing women to participate. It places an active duty on the government to create the conditions that make such participation possible, whether in education, employment, politics, or public life generally.
8. Protection of family — Article 35
Article 35 recognises the family as the fundamental unit of society and places three interconnected duties on the state. First, the state must protect the institution of marriage as a social contract. Second, it must protect motherhood from the hardships and dangers of life. Third, it must protect children from all forms of harm and exploitation. These obligations reflect the constitution’s recognition that a healthy society begins with a stable and protected family structure.
9. Protection of minorities — Article 36
Article 36 is one of the most important principles of policy from a human rights perspective. It places on the state a clear obligation to safeguard the legitimate rights and interests of minorities. This includes ensuring their due representation in federal and provincial services. The principle is that no citizen should be disadvantaged in their dealings with the state on account of their religion, ethnicity, or background.
10. Social justice and eradication of social evils — Article 37
Article 37 is one of the most detailed and wide-ranging principles of policy in the constitution. It covers several distinct obligations that together form a comprehensive vision of social justice.
The state is required to promote the educational and economic interests of backward classes and areas with special care. It must remove illiteracy and provide free and compulsory secondary education within the shortest possible time. Technical and professional education must be made generally available, and higher education must be accessible to all on the basis of merit alone.
On the justice side, the state must ensure inexpensive and speedy justice for all citizens. It must also provide just and humane conditions of work, protect women and children from employment in unsuitable vocations, and provide maternity benefits to working women.
Article 37 also addresses social evils directly. The state is obligated to prevent prostitution, gambling, the use of injurious drugs, and the publication and display of obscene literature and advertisements. The consumption of alcohol is to be prevented except for medical purposes and, in the case of non-Muslims, for religious purposes. Government administration is to be decentralised to make it more accessible to ordinary citizens.
11. Social and economic well-being — Article 38
Article 38 addresses the economic dimension of the state’s obligations to its citizens. The state must secure the well-being of all people, regardless of sex, caste, creed, or race, by raising their standard of living and preventing the dangerous concentration of wealth and the means of production in the hands of a few. It must ensure a fair balance of rights between employers and employees, and between landlords and tenants.
The state is also required to provide facilities for work with reasonable rest and leisure, offer compulsory social insurance, and ensure that every citizen has access to basic necessities including food, clothing, housing, education, and medical relief. Reducing disparity in income and earnings is a stated goal, as is the elimination of riba at the earliest possible opportunity.
12. Armed forces and foreign relations — Articles 39 and 40
Article 39 requires the state to ensure that people from all parts of Pakistan have the opportunity to participate in the armed forces. This prevents any single region or community from dominating the military and promotes national integration through shared service.
Article 40 addresses Pakistan’s place in the world. The state is directed to strengthen bonds with the Muslim world, develop friendly relations with other nations, and play an active role in maintaining international peace. These commitments reflect both Pakistan’s Islamic identity and its aspirations as a responsible member of the international community.
13. Status and enforceability of principles of policy
The principles of policy are non-justiciable. No citizen can go to court and demand that the state implement them. If the government fails to provide free education or does not eliminate riba within a certain time, no writ can be filed. The accountability for implementing these principles is political, not legal.
However, this does not mean they are without value. Courts use them as interpretive aids when construing constitutional provisions. They carry significant moral authority and create political pressure on governments to act. The annual reporting requirement under Article 29 creates a formal mechanism for legislative scrutiny of the government’s performance against these principles. Their practical importance has also grown as the National Economic Council is expected to align its decisions with them.
14. Past exam questions and answers
Discuss the law relating to principles of policy with reference to social justice, eradication of social evils, and social and economic well-being. (2019-A)
Articles 37 and 38 are the two most detailed principles of policy. Article 37 covers free education, speedy justice, humane working conditions, and the elimination of social evils including gambling, drugs, and obscene content. Article 38 focuses on economic well-being, preventing concentration of wealth, providing basic necessities, and eliminating riba. Both are non-justiciable but represent serious constitutional commitments that guide government policy.
Explain the difference between principles of policy and fundamental rights. (2016-S)
Fundamental rights under Articles 8 to 28 are justiciable and enforceable in court. Any violation can be challenged before the High Court or Supreme Court. Principles of policy under Articles 29 to 40 are non-justiciable. They represent long-term goals that guide the state but cannot be enforced through litigation. Fundamental rights are immediate obligations while principles of policy are aspirational goals subject to available resources.
Principles of policy are rights incorporated in the constitution in addition to justiciable fundamental rights. Discuss. (2014-S)
This statement requires qualification. Principles of policy are not rights in the legal sense because they are not enforceable. They are better described as constitutional commitments or state obligations. They do appear alongside fundamental rights in Part II of the constitution but differ fundamentally in their legal status. They serve as guidance for policy making rather than as directly enforceable entitlements.
Discuss the role of principles of policy and how they can be enforced. (2009-A)
The principles of policy guide all state organs in their functions and decision making. They cannot be enforced through courts. Enforcement is political, through the annual reporting mechanism under Article 29 where the President and Governors must report to the legislature on implementation. The legislature can then hold the government accountable through debate and political pressure.
