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Fundamental rights are those which are recognized and protected by the society.

They are
different from legal rights which law protects. Maintenance of child is legal right while love with
parents or respect them are social thus fundamental rights. Out of these rights certain rights are
placed or put in the constitution, which is supreme law of the land. In this way we give them
more importance. Rights placed in constitution are not taken as ordinary. Another ordinary law
can change legal right or can reduce its importance, but ordinary law can never repeal the
constitutional law.

Ordinary law cannot change provisions of the constitution. So it is more protected. Constitution
is amended by special process, which is not too easy.

Need for putting them into constitution: Since Fundamental Rights are more important so there
is need to put them in constitution. Reasons are as follows:

1. Most important: There are certain rights, which are most important than others like life,
property, and sale of property etc. Animals have not regard of progress. We have regard of
progress and we take it from the last development.

2. Better protection: Fundamental Rights are better protected because they are made part of
constitution.

3. Restriction on government: In the entire world generally and in Pakistan particularly, the
political situation normally demands some restrictions on the power of government. There
are two problems, i.e., how the people are controlled and how those are controlled who
control people. Government has more power. If the government is not given such power or it
is less, government cannot control the people and if more power is given, government can
take away rights of people. Government has no power to take away such rights. Government
has law-making authority and can change all laws but it is not easy task. Opposition can
survive only if such restriction is imposed.

4. Islamic importance: We are an Islamic state, majority of us is Muslim. There are certain
minorities. If there is no such protection, majority can easily dominate minority crucially and
adversely. So there is need having fundamental rights as constitutional rights and with
relation to her protection there is a clause in Article 8 of the constitution, which provides that
laws inconsistent with or in derogation of fundamental rights are void.

Extent of Fundamental Rights: There is not absolute freedom at all in the world. There is right
of life but during war many people are put into war. Peace cannot be achieved on the price of
disintegration. Child is not free such as adult. He may be kidnapped. He is kept out of the reach
of medicines. No one is above the law or free absolutely. We are slaves of rule. Being citizen we
deserve protection. We have rights only in respect of our duties. Discipline, order, or duty brings
us prosperity, progress, betterment, and happiness whereas in-discipline brings us poverty and
disorder. Time is most import thus must be protected. All Fundamental Rights are subject to some
restrictions.

Enforcement and Protection: Keeping in view of the importance and need of the Fundamental
Rights they are required to be protected in the manners as:
1. Protection of Fundamental Rights: Any right or protection is meaningless if it is not
enforced. Constitution provides its enforcement. There are two provisions provided in
constitution. Article 199(1)(c) provides jurisdiction of High Court. Certiorary, Mandamus,
Prohibition, Quo Warranto, and Habeas Corpus are the writ available with High Court. On
the application of any aggrieved person, High Court makes an order giving such directions
to any person or authority for the enforcement of any of the Fundamental Rights conferred
by constitution. Article 184(3) is related with jurisdiction of Supreme Court that Court may
declare any law invalid which is in contrast of Fundamental Rights.

2. Suspension of Fundamental Rights: Fundamental Rights are not absolutely unlimited.


Certain limits are imposed on them. Article 233 provides the grounds of the suspension of
Fundamental Rights during emergency period. Out of 20 Fundamental Rights 6 are
automatically suspended if emergency is declared. Rights of provinces are affected. Federal
system is converted into unitary system. Remedy or proceeding in any Court against the rest
of Fundamental Rights, which are 14 out of 20, may be suspended by order of President with
relation to others.

Fundament Rights: They can be categorized into three kinds, as follows:

1. Rights relating to person under Article 9-14.

2. Civil liberties/rights or political freedom:

(1) Civil or political liberties/rights dealt in Articles 15, 16, 17, and 19.

(2) Economic rights/liberties are stated in Articles 18, 23, and 24.

(3) Religious rights are guaranteed in Articles 20, 21, and 22.

3. Non-discriminatory rights or equality is provided in Articles 25, 26, and 27.

Fundamental Rights: Those rights which are inherited since the time immemorial, not given by
the society, but only protected in constitution are called fundamental rights. Rights held to be
justifiably belonging to any person. Constitution of Islamic Republic of Pakistan has provided
certain Fundamental Human Rights under Part II, Chapter I, which are as follows:

Inconsistent laws: Any law, usage, or custom which has force of law but inconsistent with the
rights protected by the Constitution, under Article 8 of constitution shall be void and could not
attain the force of law, to the extent of such inconsistency.

1. Personal rights: Articles from 9 to 14 provide personal rights to the people of Pakistan such
as:

1. Security of person: Liberty of life is recognized which cannot be taken away unless law
demands. Only law can take life and property.

2. Safeguards as to arrest and detention: Safeguards against arrest and detention are
provided. It is to arrest a person to deprive him of his liberty by some lawful authority,
for the purpose of compelling his appearance to answer a criminal charge or as a method
of execution. Detention means custody or confinement of offenders. Law enforcing or
arresting authority shall inform the detained person the reasons of such arrest, as soon as,
possible. Detained person may also consult lawyer of his own choice. He cannot be
deprived from his legal right. Person can be arrested and detained only in consequence of
offence. Police Officer may arrest criminals.

Person who is detained must be produced before Magistrate within 24 hours after such
detention excluding the time consumed in journey. Preventive detention is not liable to
the provisions of arrest and detention. Laws for preventive detention can be made only to
deal with national integrity, security, defence, external affairs, public order, maintenance,
and supply of services. This detention may extend to maximum three months unless
Review Board authorizes it. Supply does mean life commodities such as food or
petroleum and services mean facility of transport, mail, and rail etc. Authority is bound
to inform the detainee within 15 days from the date of detention, the grounds, on which
the order has been made. Review Board shall be composed on, in case of federal matter,
one-chairman along-with 2 members. Chief Justice of Supreme Court shall make this
appointment. But in case of provincial matter, Chief Justice of High Court shall compose
such board. Government shall not interfere. All documents relating to detention are to be
produced before Review Board unless they are sensitive. Within 24 months, detention
shall not exceed from 8 months, in case of act against public order or 12 months in any
other case. Subsistence allowance is admissible to the detainees belonging to common
public. It objects to allow common person to remain or take part in politics. Review Board
is responsible to determine the place of detention.

3. Prohibition of slavery and force labour: Slavery and force labour shall remain unlawful
thus prohibited. Child labour is also prohibited. Compulsory service and punishment is
not covered under this provision except law for public purpose. Compulsory service
should not be of cruel nature or incompatible with human dignity.

4. Protection against retrospective punishment: Generally law takes effect from the date
enacted. But in some cases it may take place from back dates. Retrospective enforcement
is not considered good enforcement. It can be used against somebody negatively. If the
use of necktie was not unlawful and a person has been using it since last ten years, the
law declaring the use of necktie unlawful can not be enforced from past dates.

It also can be beneficial for many people. Its total denial is impossible. It may be in national
interest or some time national interest may demand it. But its onward application should
be avoided. Law change the penalty of offence committed in past but it will not affect the
status of past or current offences. Existing cases are not affected. Greater penalty cannot
be imposed on previous offences. For instance, punishment of an offence as whipping of
five lashes and now fine of Rs. 500,000/- has been provided in law. It will be upto the
choice of party, if challenges whether as to what punishment will be imposed. Relief upon
application would be granted.

5. Double punishment: Under Article 13 double jeopardy has been abolished. Not only self-
confession has been prohibited, i.e., no person shall be compelled for self-confession but
he cannot be prosecuted and punished twice in the same offence. Some time same act or
omission may constitute two or more offences. Violation of college rules may constitute
an offence on the part of college but at the same time it may constitute offence against
state, therefore its double effect may cause punishment twice. But same authority may not
try offender twice.

6. Respect of human dignity: Subject to law, respect of man and privacy of home is
inviolable. Torture cannot be used for evidence against any body.

2. Civil liberties/rights or political freedoms: Articles from 15 to 24 provide such


rights/liberties/freedoms. They are further subdivided into three categories. Civil or political
liberties/rights dealt in Articles 15, 16, 17, & 19. Economic rights/liberties are discussed in
Articles 18, 23, & 24. Religious rights are guaranteed in Articles 25, 26, & 27.

(1) Civil or political liberties/rights: These rights are covered under Articles 15, 16, 17, & 19.

1. Freedom of movement: Under Article 15, every citizen is free to move and may remain
in Pakistan. Entry in Pakistan, movement, residing, and settlement cannot be restricted
unless law demands it or national interest.

Restriction are divided into three (3) kinds:

(1) Restrictions with relation to places, i.e., airport and defence areas etc.

(2) Regulatory movement, i.e., restrictions by law, like you may drive but on left side with
license, on reasonable speed etc.

(3) With relation to persons, i.e., police custody and prisoners etc.

Reasonable restrictions can be imposed in public interest.

2. Freedom of assembly: Peacefully and without arms, people may assemble anywhere but
again law can impose reasonable restrictions in public interest or order.

3. Freedom of association: Every person has right to form association or union keeping in
view of reasonable restrictions. Person in civil service can not hold the office of political
party because political member has to be faithful to political party whereas person in civil
service has to be faithful to government. Both are divergent.

4. Freedom of speech: With reasonable restrictions every citizen is free to express himself.
Press is free. Any speech, writing, or expression, which goes against Pakistan, shall be
prohibited under Article 19.

(2) Economic rights/liberties: These rights are protected under Articles 18, 23, & 24.

1. Freedom of trade, business, and profession: Four terms are used in Article 18 of the
constitution, i.e., trade, business, occupation, and profession. Profession does mean a
vocation or calling, which is, recognized such as medical, law, and teachings are
profession which are well recognized. Other one is business, which is one’s regular
occupation, profession, or trade or a thing that is one’s concern. What occupies one
is occupation. It is temporary or regular employment of persons. Trade is business of
buying and selling.

Every person is free to adopt and carry on above jobs within the limits of law. Law gives
freedom with certain conditions. Government may form any law to regulate certain trade
or profession by imposing licensing restriction like doctor lawyer, Chartered Accountant,
architect, and engineer etc. This process controls to work. Lawyer requires law degree,
apprenticeship, interview, and licensing authority may take entry examination etc.

Anti-monopoly laws can be used to regulate trade, commerce, and industry in the best
interest of public. Monopoly takes away free competition, which may even definitely
results in lowering of quality and high in price. Government is responsible to break
monopoly. However public is not allowed to establish monopoly but government may
establish monopoly on certain type of trade, business, industry, or service. Government
may exclude person or persons, completely or partially, like Wapda, Sui Gas, PIA,
Railways, Ships, Telecommunications etc.

2. Property rights: Every person may acquire, hold, and dispose of property in any part
of Pakistan. But this is exercise-able only with the provisions of other laws. Law may
impose certain reasonable restrictions, in the interest of public. Acquisition means transfer
of ownership. Hold means possession of acquisition. Dispose of means selling something.
Property may either be moveable, immovable, or intellectual, i.e., patent, copy rights, and
trademark. It depends upon on circumstances that as to what restriction is quite in public
interest. Lawmakers and courts determine public interest.

3. Protection of property rights: This Article provides protection against force deprivation
from property, but government may deprive under authority of law. Under law property
may be acquired provided compensation is given. However amount of property is in cash,
e.g., as per market value or principles’ specification, e.g., 20 times of Land Revenue or 15
times of annual produce.

For the purpose of public health, property, or danger to life, government has right of
compulsory acquisition. Any property which is acquired by unfair mean like bribery,
corruption, and commission etc. can be taken away. Property relating to enemy or evacuee
property may also be taken away. Government may also takeover management of sick
units and property which is important for public interest, i.e., medical, education, roads,
water supply, sewerage, gas, and electricity etc.

(3) Religious rights: These rights are provided under Articles 20, 21, & 22.

1. Freedom of religion: Every citizen is free to accept, reject, or profess any religion
provided it is not against law, public order, or morality. Law does neither prohibit such
activities nor control the religion. It ensures just discipline. Law imposes condition to avail
opportunities. However every one is allowed to drive on road but subject to traffic laws.
No one is allowed to take others’ life by misusing the freedom of driving. Life and
property is also protected under law. Every one is allowed to go for pilgrimage but law
imposes some conditions such as passport and visa, National Identity Card, air ticket,
traveling regulations, and necessary official formalities. These all are non-religious aspects
but they ensure religious freedom. Religious freedom is always subject to public order.
Some activities may be abandoned to ensure law and order. Nobody is allowed nude
dance, as it is inconsistent to public order. Abuse and fencing is not allowed being against
public order.

Immorality cannot be used and excused. Muslims’ Mosques, Christians’ Churches,


Hindus’ Temples, Sikhs’ Sikhs’ Temples, Budhs’ Pagodas, and Jews’ Synagogues are
protected under law.

2. Religious taxation: Tax can be special or general. General tax is levied for general purpose
while special tax is levied for special purpose and cannot be used for other than object.
Tax imposed on Muslims is used only on Islam and tax imposed on Christians is used on
Christianity. General tax can be used for any religion.

3. Religious institutions: In Pakistan Christians’ cannot be compelled to receive education


of Islamiyat (PBοÝmA), neither they can be compelled to take part in Seerat conferences
(lnÃj°ÃB· PjÎm) nor they can be offered prayer. No educational institution can force other
pupils to take part in worship, which is not related to them. Discrimination is not allowed
while taxes are imposed or concession is granted for religious purposes. Concession for
religious purpose shall be granted to all religions. Same community may establish,
maintain, and finance religious institutions for their own students.

Institutions receiving aid from general public cannot deny granting admission to anybody
on the grounds of race, religion, caste, or place of birth. Provincial government is allowed
to impose restriction on the base of domicile, which shall not exceed to 3 years.

Public authorities may make laws for the benefit of dwellers of backward areas.

3. Equality rights: Articles 25, 26, & 27 cover the equality rights.

1. Equality of citizens: All citizens are equal in the eyes of law. Law cannot treat anybody
unequally. Practically all people are not equal even than there are classes in jails for the
prisoners of the same offence on the grounds of class, wealth, race, and education etc.

State may make laws for the protection of interest of the children and women.
Government may frame laws for children and women apart from like or dislike.
Government also may reserve seats for women in assemblies and local governments.

2. Non discrimination on public places: Everybody is allowed to access to public places for
which proceeds come from public. Discrimination is not allowed mere on grounds of race,
caste, religion, sex, or gender, residence, or place of birth. Government may make laws
especially for women and children.

3. Non discrimination in services: Certain services are reserved for men and certain for
women. Education and medical profession is good for ladies, while military is good for
gents. Services may be rendered in all Pakistan but provincial government may impose
restrictions on the base of domicile but this restriction may not exceed three years. Special
quota may be allocated for backward areas. Certain posts may be for either gender.