One of the most important aspects of the Pakistani Constitution, fundamental rights serve as the cornerstone of Pakistani democracy. These rights are essential for protecting the individual from the capricious actions of the state and for promoting justice, equality, and fraternity. This blog explores the key elements, importance, reach, and objections related to these fundamental rights under the Pakistani Constitution.
Concerning fundamental rights:
The term “fundamental rights” refers to a collection of fundamental freedoms and rights that each and every person of a nation is entitled to under its constitution. By safeguarding fundamental human rights and liberties and shielding citizens against capricious state actions, these rights form the cornerstone of individual freedom. They are essential to maintaining equality, justice, and democracy in a country. In short, they aim to establish ‘a government of laws and not of men’.
The Constitution, which is the fundamental law of the state, guarantees and protects the fundamental rights, hence their name. These rights are seen as fundamental since they are necessary for people’s overall growth, dignity, and well-being. A set of rights known as fundamental rights are those that are widely protected from infringement. These rights have been established via due process of law or are specifically mentioned in a constitution.
The term “fundamental rights” refers to a collection of fundamental freedoms and rights that each and every person of a nation is entitled to under its constitution. By safeguarding fundamental human rights and liberties and shielding citizens against capricious state actions, these rights form the cornerstone of individual freedom. They are essential to maintaining equality, justice, and democracy in a country. In short, they aim to establish ‘a government of laws and not of men’.
The Constitution, which is the fundamental law of the state, guarantees and protects the fundamental rights, hence their name. These rights are seen as fundamental since they are necessary for people’s overall growth, dignity, and well-being. A set of rights known as fundamental rights are those that are widely protected from infringement. These rights have been established via due process of law or are specifically mentioned in a constitution.
The two expressions “fundamental rights” and “ Civil Liberties” have at times been taken as synonyms, although “fundamental rights” is more comprehensive than “civil liberties,” which is concerned with the rights of liberty, life, and property. Blackstone defined civil liberty to be nothing other than natural liberty. It also involves the existence of an organized society maintaining public order.
CONSTITUTIONAL HISTORY OF PAKISTAN AND FUNDAMENTAL RIGHTS :
It was decided by the committee on fundamental rights to appoint two separate sub- committees to deal with
a) Fundamental rights
b) Minorities
Report of that committee was included in the constitution of 1956 as “Fundamental rights”.
1956 CONSTITUTION :
Special emphasis was given to the inclusion of fundamental rights in the Constitution of Pakistan by the first Constituent Assembly.
1962 CONSTITUTION
Fundamental Rights were omitted in the 1962 Constitution. Backlash from the public because it was repugnant to basic principles of constitution-making for a civilized society. Ultimately, an amendment was made, and a chapter on fundamental rights was added.
1973 CONSTITUTION
Fundamental rights and civil liberties were given recognition, protection, and enforcement in this constitution. They were enforceable by giving power tothe Supreme Court and High Courts to issue orders, writs,s and directives. It is mentioned in Articles 184/3 and 199.
ENCROACHMENT OF CIVIL LIBERTIES AND HUMAN RIGHTS :
Fundamental rights were not fully given; on 7 Oct, 1958 constitution was abrogated.
Fundamental rights were again suspended on the proclamation of emergency on 6 Sept 1965 due to the Indo-Pak war.
Fundamental rights also remained suspended during martial law of Zia in July 1977.
On May 28, 1988, emergency was proclaimed, and fundamental rights were suspended.
DETAILED STUDY OF FUNDAMENTAL RIGHTS IN THE 1973 CONSTITUTION :
In Pakistan, fundamental rights have been enshrined in Chapter 2 and Articles 8-28 of the Constitution of Pakistan, 1973.
FUNDAMENTAL RIGHTS OF CITIZENS IN PAKISTAN
In the opinion of Justice A.R Cornelius, in State vs Dosso, fundamental rights are more important than the Constitution itself.
Law inconsistent with or in derogation of fundamental right to be void (Article 8 )
Security of person ( Article 9)
Safeguards against arrest and detention ( Article 10)
Right to a fair trial ( Article 10A)
Forced labor and slavery prohibited ( Article 11 )
Protection against retrospective punishment ( Article 12 )
Protection against double punishment and self-incrimination (Article 13 )
Inviolability of dignity of man ( Article 14)
Freedom of movement ( Article 15)
Freedom of assembly ( Article 16 )
Freedom of association ( Article 17)
Freedom of trade, business or profession ( Article 18 )
Freedom of speech ( Article 19 )
Right to information ( Article 19 A)
Freedom to profess religion and to manage religious institutions ( Article 20 )
Safeguard against taxation forthe purpose of any particular religion ( Article 21 )
Safeguard as to educational institutions in respect of religion,n etc ( Article 22)
Provisions as to property (Article 23 )
Protection of property rights ( Article 24 )
Equality of citizens ( Article 25 )
Right to education ( Article 25A)
Non-discrimination with respect to access to public places (Article 26)
Safeguard against discrimination in services ( Article 27)
Preservation of language, spirit and culture ( Article 28 )
FUNDAMENTAL RIGHTS AND TRANSGENDER :
Transgenderpeople are among the most neglected segments of society
In May 2018, the Parliament of Pakistan passed “ The Transgender Persons Act 2018.”The Act was a ray of hope, as Section 3 of the Act givesthem thee opportunity to select their gender and get registered with NADRA. Chapter 3 of the Act prohibits eight acts of discrimination against transgender community. Moreover, the Act now provides a definite share for transgender individuals in inheritance. Article 25A of the Constitution ensures the right to education for all, and Article 14 ensures that the dignity of everyone must be protected.
FUNDAMENTAL RIGHTS AND MINORITIES :
Minority rights are now a crucial component of civil rights, which are represented in the fundamental rights that all citizens of the nation are entitled to. Article 36 of the Constitution guarantees protection to minorities. Furthermore, the Constitution’s articles 25 and 26—which declare that all citizens are equal and that no citizen is subject to discrimination—can also be connected to minorities. Islam has acknowledged everyone’s rights, regardless of their faith.
Remedies for fundamental rights :
JUDICIAL REVIEW :
The Supreme Court possesses the power of judicial review. Under Article 8 of the Constitution, the SC, as the apex court, has the power to declare any law invalid.
PUBLIC INTEREST LITIGATION UNDER ARTICLE 184 (3) :
The Supreme Court can entertain cases related to the interest of the public and socially disadvantaged people under Article 184(3) of the Constitution of Pakistan. “It must be a matter in which the public at large or at least a substantial section of the population is interested” (PLD 2011 KAR 177)
WRIT PETITION UNDER ARTICLE 199 OF CONSTITUTION :
Under Article 199, the High Court may issue any of the following 5 writs:
CERTIORARI: An order by a higher court directing a lower court to send the record in a given case for review.
HABEAS CORPUS: A demand to present a person (produce a body) before the court
MANDAMUS: an order to act.
PROHIBITION: A direction to stop something or stop acting.
QUO WARRANTO: A requirement for a body to show by what authority it has exercised a certain power.
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The term “fundamental rights” refers to a collection of fundamental freedoms and rights that each and every person of a nation is entitled to under its constitution. By safeguarding fundamental human rights and liberties and shielding citizens against capricious state actions, these rights form the cornerstone of individual freedom. They are essential to maintaining equality, justice, and democracy in a country. In short, they aim to establish ‘a government of laws and not of men’. The Constitution, which is the fundamental law of the state, guarantees and protects the fundamental rights, hence their name. These rights are seen as fundamental since they are necessary for people’s overall growth, dignity, and well-being. A set of rights known as fundamental rights are those that are widely protected from infringement. These rights have been established via due process of law or are specifically mentioned in a constitution.
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