Week 6 – Fundamental Rights under the Constitution of Pakistan (Articles
8–28)
Fundamental rights are indispensable pillars of any constitutional democracy, as they guarantee
essential freedoms and ensure that individuals are protected against arbitrary actions by the
state. The Constitution of Pakistan, 1973, enshrines a comprehensive set of fundamental rights
under Articles 8 to 28. These rights not only reinforce democratic governance but also align with
the Islamic ethos and the Universal Declaration of Human Rights. This lecture aims to explore
the origin, scope, enforcement, and limitations of fundamental rights in Pakistan, providing a
detailed examination of each provision and its application in legal and social contexts.
1. Concept and Nature of Fundamental Rights
Fundamental rights are basic human freedoms that every individual is entitled to by virtue of
being a human being. In the context of the Constitution of Pakistan, they serve as legally
enforceable limitations on the power of the state. These rights are considered inalienable,
meaning they cannot be taken away except through due legal process. They include civil
liberties such as the right to life, liberty, freedom of speech, religion, and equality before the
law.
Unlike the Principles of Policy, which are guidelines for state conduct and are non-justiciable,
fundamental rights are enforceable by the judiciary. Citizens can approach the High Courts
under Article 199 or the Supreme Court under Article 184(3) for enforcement of these rights.
2. Article-wise Breakdown of Fundamental Rights (Articles 8–28)
Article 8 – Laws inconsistent with Fundamental Rights to be void
This article invalidates any existing or future law that is inconsistent with the fundamental rights
enshrined in the Constitution. It ensures the supremacy of constitutional rights.
Article 9 – Security of person
Guarantees that no person shall be deprived of life or liberty except in accordance with the law.
The judiciary interprets this expansively to include a right to dignified life.
Article 10 – Safeguards as to arrest and detention
Provides for legal protections against arbitrary arrest and detention. Includes the right to know
the grounds for arrest, consult legal counsel, and be presented before a magistrate within 24
hours.
Article 10A – Right to fair trial
Added by the 18th Amendment, this ensures the right to due process in civil and criminal
matters. This has become a foundational principle for judicial proceedings in Pakistan.
Article 11 – Prohibition of slavery and forced labor
Outlaws slavery, all forms of forced labor, and child labor. It has particular importance in
protecting bonded laborers in rural and industrial sectors.
Article 12 – Protection against retrospective punishment
Prohibits ex post facto laws. No person can be punished for an act that was not a criminal
offense at the time it was committed.
Article 13 – Protection against double punishment and self-incrimination
Provides protection from being tried twice for the same offense (double jeopardy) and from
being compelled to testify against oneself.
Article 14 – Inviolability of dignity of man
Upholds human dignity and the privacy of the home. This has wide implications for personal
freedom, bodily integrity, and respect in custody or trial.
Article 15 – Freedom of movement
Grants all citizens the right to move freely throughout Pakistan and reside anywhere, subject to
reasonable restrictions imposed by law.
Article 16 – Freedom of assembly
Allows peaceful assembly without arms, enabling protests, public meetings, and demonstrations
in accordance with law.
Article 17 – Freedom of association
Citizens have the right to form associations, including political parties, trade unions, and NGOs.
Political parties must adhere to democratic principles.
Article 18 – Freedom of trade, business, or profession
Ensures the right to engage in any lawful trade or profession, subject to regulation in the public
interest.
Article 19 – Freedom of speech
Guarantees freedom of speech and expression. However, it is subject to reasonable restrictions
related to national security, public order, morality, or religion.
Article 19A – Right to information
Inserted through the 18th Amendment, it provides citizens the right to access information in
matters of public importance to ensure transparency.
Article 20 – Freedom to profess religion
Allows all citizens to freely profess, practice, and propagate their religion. Religious institutions
can operate freely within the bounds of law and morality.
Article 21 – Protection against taxation for religious purposes
Prohibits compelling any individual to pay taxes for the support of any religion other than their
own.
Article 22 – Safeguards in religious education
Ensures that students in educational institutions are not compelled to receive religious
instruction of a faith other than their own.
Article 23 – Rights to acquire, hold and dispose of property
Allows all citizens to acquire, hold, and dispose of property throughout Pakistan, subject to the
Constitution.
Article 24 – Protection of property rights
No one shall be deprived of property except in accordance with law and with reasonable
compensation.
Article 25 – Equality of citizens
Declares that all citizens are equal before the law and prohibits discrimination on the basis of
sex alone.
Article 25A – Right to education
Compels the state to provide free and compulsory education to children between the ages of
five and sixteen.
Article 26 – Non-discrimination in access to public places
Ensures that public spaces are equally accessible to all citizens regardless of caste, creed, or
gender.
Article 27 – Equality in public service
Prohibits discrimination in government employment, though affirmative action is allowed to
ensure minority representation.
Article 28 – Preservation of language and culture
Grants minorities the right to preserve their language, script, and culture, and to establish
educational institutions for this purpose.
