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PDF Fundamental Rights

The document discusses the 1973 Constitution of Pakistan, focusing on Articles 8 to 28, which guarantee fundamental rights to citizens. It outlines the historical context leading to the constitution's creation, including influences from colonial law and international human rights norms. The rights enshrined in these articles aim to protect individual freedoms and promote democratic values within the country.

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0% found this document useful (0 votes)
12 views2 pages

PDF Fundamental Rights

The document discusses the 1973 Constitution of Pakistan, focusing on Articles 8 to 28, which guarantee fundamental rights to citizens. It outlines the historical context leading to the constitution's creation, including influences from colonial law and international human rights norms. The rights enshrined in these articles aim to protect individual freedoms and promote democratic values within the country.

Uploaded by

greninjaash890
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© © All Rights Reserved
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INTRODUCTION: Assignment of Constitution 1973
(Software Eng, Part-1) Dated 20-04-2008
The 1973 Constitution of Pakistan rose up out of a verifiable setting set apart by political
commotion and a powerful urge for a majority rule structure that could bind together the country
and address the desires of its different people. After the crumbling of Pakistan in 1971, the new 12 pages

authority under Top state leader Zulfikar Ali Bhutto looked to make a constitution that would
advance popularity based values, civil rights, and individual opportunities. PDF 100% (1)
Summary of Article 8-28 of 1973 Pak
Fundamental Human Rights: An Overview Constitution
The Constitution's on major freedoms (Articles 8 to 28) includes a wide range of common,
political, financial, social, and social privileges. These articles are roused by worldwide common 3 pages
liberties instruments like the All inclusive Statement of Basic freedoms (1948) and mirror the
worldwide common freedoms development's effect on Pakistan's overall set of laws. PDF 100% (1)
The Constitution of 1973
Background and history
The fundamental human rights enshrined in the Constitution of Pakistan, 1973, reflect a long
history of political struggle, social evolution, and legal development. These rights, detailed in
3 pages
Articles 8 to 28, establish the foundation for a democratic and just society. Here is a detailed
background and history leading to the inclusion of Articles 8 to 28 in the Constitution:
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Historical Context: Objective Resolution 1949
1.Colonial Legacy: The roots of fundamental rights in Pakistan can be traced back to the
colonial era, particularly the Government of India Act, 1935, which influenced the constitutional
framework of Pakistan post-independence. This Act, though limited, laid the groundwork for 10 pages
subsequent legal developments.

2. Independence and the Objectives Resolution (1949): After gaining independence in


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1947, Pakistan adopted the Objectives Resolution in 1949, which laid down the principles for the Comparison of Constitutions
future constitution. It emphasized sovereignty of God, democracy, freedom, equality, tolerance,
and social justice, setting the stage for fundamental rights.

3. Constitutions of 1956 and 1962: Pakistan's first constitution in 1956 included fundamental 6 pages

rights, but it was abrogated in 1958 by martial law. The 1962 Constitution also included a
chapter on fundamental rights but was criticized for being less comprehensive and for PDF 86% (14)
concentrating power in the presidency. The 1962 Constitution

Drafting of the 1973 Constitution


1. Political Climate: The drafting of the 1973 Constitution occurred in a politically tumultuous 3 pages
period following the breakup of Pakistan in 1971, which resulted in the independence of
Bangladesh. The new leadership under Prime Minister Zulfikar Ali Bhutto sought to create a PDF 100% (2)
democratic constitution that addressed the aspirations and grievances of the people. Constitution of Pakistan, 1973
2. Consultative Process: The Constitution was drafted through a consultative process
involving representatives from all provinces and political parties. This process was aimed at
ensuring a broad consensus and addressing the needs of a diverse population. 14 pages

3. Influence of International Norms: The inclusion of fundamental rights was influenced by


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international human rights norms, particularly the Universal Declaration of Human Rights (1948)
and other international treaties and conventions. This global perspective ensured that Pakistan's Maida Rani: Congress Ministries of 1937
fundamental rights were in line with international standards.

Fundamental Humans Rights by the Constitution 1973 (Article 8- 7 pages

28): PDF 0% (2)

The Constitution of Pakistan, 1973, guarantees a comprehensive set of Fundamental Rights to its National Assembly of Pakistan
citizens, (Articles 8-28). These rights are designed to ensure the protection and dignity of
individuals and uphold democratic principles. The fundamental human rights enshrined in the
Constitution of Pakistan, 1973, represent a critical cornerstone of the nation's legal and social 15 pages
framework. These rights, detailed in Articles 8 to 28, are designed to protect the dignity,
freedom, and equality of every citizen, establishing the foundation for a democratic and just PDF No ratings yet
societyHere is a detailed breakdown of these Fundamental Rights: Constitutions of Pakistan 06062023
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Article no 11 Constitution 1973
Article no
Article no 10 10A Pronibition
Article no 8 Article no 9
Safeguard as of Salavery
Law Secrity of Right to fair
to arrest and and forced
inconsistent Person Trial 3 pages
detention labor

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Bogra Formula

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Article 8: Reasons For Delay in The Constitution
Making of Pakistan
Laws Inconsistent with or in Derogation of Fundamental Rights to be Void

Background: Reflects the need to establish the supremacy of fundamental rights over ordinary
3 pages
laws, a concept influenced by the Indian Constitution and international human rights principles.

Evolution: Ensures that any legislation conflicting with fundamental rights is automatically PDF No ratings yet
void, thereby protecting individual freedoms. Reasons For Constitutional Deadlock
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Provision: Declares that any law inconsistent with the Fundamental Rights enshrined in the
123833am 03112022 100736am
Constitution shall be void.
4 pages
Importance: Ensures that no legislative or executive action can undermine the guaranteed
Fundamental Rights. Protects citizens from any arbitrary or unjust laws. PDF 67% (3)
Explanation: Timeline On Constitutional Phases of
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(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with
the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.
4 pages
(2) The State shall not make any law which takes away or abridges the rights so conferred and
any law made in contravention of this clause shall, to the extent of such contravention, be void. PDF 100% (1)
(3)The provisions of this Article shall not apply to :- THE CONSTITUTION OF PAKISTAN 1956
and The Reasons For Its Failure
(a) any law relating to members of the Armed Forces, or of the police or of such other forces as
are charged with the maintenance of public order, for the purpose of ensuring the proper
discharge of their duties or the maintenance of discipline among them; or 3 pages

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(b) laws specified in the First Schedule as in force immediately before the commencing day or
as amended by any of the laws specified in that Schedule;
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(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by Definition and Significance of Ideology
the Constitution.

Article 9: 8 pages

Background: Rooted in the historical struggle against arbitrary detention and extrajudicial
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actions during colonial rule.
Objective Resolution
Evolution: Reinforced by the need to protect personal liberty in a democratic society.

Provision: No person shall be deprived of life or liberty save in accordance with the law.
2 pages
Importance: Guarantees the right to life and personal liberty, forming the cornerstone of
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Explanation: The Constitution of 1956

Article 9 of the Constitution of Pakistan, 1973, guarantees the fundamental right to life and
personal liberty. It ensures that no individual can be deprived of these rights without due process
and legal justification. This article protects against arbitrary actions by the state, mandating that 2 pages
any deprivation of life or liberty must follow established legal procedures and judicial oversight.
Essentially, it upholds human dignity, the rule of law, and safeguards against state abuse. PDF 100% (1)
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Background: Reflects the evolution of legal thought towards ensuring due process and fair trial
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Objective Resolution 1949 & 1956
Evolution: Incorporated to strengthen the legal system and ensure justice. Constitution
Provision: Details the procedural safeguards for individuals who are arrested or detained,
including the right to be informed of the reasons for arrest, the right to consult a lawyer, and 23 pages
protection against arbitrary arrest.

Importance: Protects individuals from unlawful detention and ensures fair treatment within the
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legal system. Constitutional Development of Pakistan-2

Explanation:
No person who is arrested shall be detained in custody without being informed, as soon as may 19 pages
be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a
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Every person who is arrested and detained in custody shall be produced before a magistrate
Amendments To The Constitution of
within a period of twenty-four hours of such arrest, excluding the time necessary for the journey
from the place of arrest to the court of the nearest magistrate, and no such person shall be Pakistan
detained in :custody beyond the said period without the authority of a magistrate.
5 pages
Nothing in this Article shall apply to any person who for the time being is an enemy alien.

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Article 10 A: All India Muslim League

Background: Reflects the evolution of legal thought towards ensuring due process and fair trial
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Evolution: Incorporated to strengthen the legal system and ensure justice.

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Background: Historical abuses of forced labor and slavery under colonial rule necessitated Round Table Conferences (1930-1932) :
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Evolution: Reflects Pakistan's commitment to eradicating all forms of exploitation.


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Importance: Upholds human dignity and freedom by preventing exploitation and abuse.
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Background: Influenced by the principle of nullum crimen sine lege (no crime without law), a
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Evolution: Ensures fairness in the application of criminal laws.


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Provision: Protection from punishment under ex post facto laws, which apply retroactively.
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Background: Derived from common law principles to protect individuals from double jeopardy
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Article 15: Ticket TK296092229V64

Background: Stemming from the need to ensure personal freedom and mobility, crucial for
economic and social development.
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Evolution: Guarantees the right to move and reside freely within the country.
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Provision: Grants the right to move freely throughout Pakistan and to reside and settle in any Sayyida Nafisa At-Tahira (RAA)
part of the country.

Importance: Ensures freedom of mobility, which is essential for personal and economic
liberty.
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by law in the public interest, enter and move freely throughout Pakistan and to reside and settle
in any part thereof

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Background : Inspired by historical movements for political freedom and democratic
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Provision: Grants the right to assemble peacefully without arms. 8 pages

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Article no 17:
Background : Rooted in the labor and political movements demanding the right to form
associations and unions.

Evolution : Protects collective action and political organization.

Provision: Grants the right to form associations or unions, subject to reasonable restrictions in
the interest of sovereignty, integrity, and public order.

Importance: Essential for the functioning of a democratic society and for the protection of
labor rights and civil society activities.

Explanation:
(1) Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interest of sovereignty or integrity of
Pakistan, public order or morality.
(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a
member of a political party, subject to any reasonable restrictions imposed by law in the
interest of the sovereignty or integrity of Pakistan and such law shall provide that where
the Federal Government declares that any political party has been formed or is operating
in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government
shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose
decision on such reference shall be final.
(3) Every political party shall account for the source of its funds in accordance with law.

Article 18:

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Ideology and Constitution of Pakistan Articles (Human Rights)

Background : Reflects the economic aspirations of a newly independent country aiming for
economic development and individual enterprise.

Evolution : Supports economic freedom and individual entrepreneurship.

Provision: Grants the right to enter any lawful profession or occupation, and to conduct any
lawful trade or business.

Importance: Encourages economic freedom and entrepreneurship, which are crucial for
economic development.

Explanation:
Freedom of trade, business or profession.

Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the
right to enter upon any lawful profession or occupation, and to conduct any lawful trade or
business:

Provided that nothing in this Article shall prevent:

(a) The regulation of any trade or profession by a licensing system; or

(b) The regulation of trade, commerce or industry in the interest of free competition therein; or

(c) The carrying on, by the Federal Government or a Provincial Government, or by a corporation
controlled by any such Government, of any trade, business, industry or service, to the exclusion,
complete or partial, of other persons.

Article 19:
Background: Fundamental to democratic governance, inspired by the global emphasis on free
expression.

Evolution: Balances freedom of speech with reasonable restrictions to maintain public order.

Provision: Grants the right to freedom of speech and expression, subject to reasonable
restrictions in the interest of the glory of Islam, the integrity, security or defense of Pakistan,
friendly relations with foreign states, public order, decency or morality, or in relation to
contempt of court, defamation, or incitement to an offense.

Importance: Fundamental for democracy and the exchange of ideas, but balanced with
considerations of public order and morality.

Explanation:
Every citizen shall have the right to freedom of speech and expression, and there shall be
freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the
glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly

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Ideology and Constitution of Pakistan Articles (Human Rights)

relations with foreign States, public order, decency or morality, or in relation to contempt of
court, 33[commission of] 33 or incitement to an offence.

Article 19A:
Background: Driven by the need for transparency and accountability in governance.

Evolution: Strengthens democratic oversight and public participation.

Provision: Grants the right to access information in matters of public importance, subject to
regulation and reasonable restrictions.

Importance:Promotes transparency and accountability in governance.

Explanation:
Every citizen shall have the right to have access to information in all matters of public
importance subject to regulation and reasonable restrictions imposed by law.

Article 20:
Background: Reflects Pakistan’s diverse religious landscape and the need for religious
freedom.

Evolution: Protects religious practice and institutional management.

Provision: Grants the right to profess, practice, and propagate one's religion, and to manage
religious institutions.

Importance: Ensures religious freedom and the right to practice and organize religious
activities.

Explanation:
Freedom to profess religion and to manage religious institutions.

Subject to law, public order and morality:

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Ideology and Constitution of Pakistan Articles (Human Rights)

(a) Every citizen shall have the right to profess, practice and propagate his religion; and

(b) Every religious denomination and every sect thereof shall have the right to establish,
maintain and manage its religious institutions.

Article no 21 Article no 22
Safeguard Safeguard as Article no 24
against to Article 23 Article no 25
Protection of
taxation for educational Provision as Equality of
Property
purposes of institution in to property. Citizens.
Rights
any particular respect of
religion religion, etc

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Article 21:
Background : Ensures religious financial autonomy, preventing state imposition of taxes for
religious propagation.

Evolution : Reinforces financial independence concerning religious matters.

Provision: No person shall be compelled to pay any special tax whose proceeds are to be spent
on the propagation or maintenance of any religion other than their own.

Importance: Protects against financial discrimination based on religion.


Safeguard against taxation for purposes of any particular religion.

Explanation:
No person shall be compelled to pay any special tax the proceeds of which are to be spent on the
propagation or maintenance of any religion other than his own.

Article 22:
Background: Ensures religious freedom within educational settings.

Evolution: Protects against discrimination based on religious beliefs in education.

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Ideology and Constitution of Pakistan Articles (Human Rights)

Provision: Protects religious and denominational rights in educational institutions.

Importance: Ensures that individuals are not compelled to receive religious instruction against
their beliefs.

Explanation:
Safeguards as to educational institutions in respect of religion, etc.

(1) No person attending any educational institution shall be required to receive religious
instruction, or take part in any religious ceremony, or attend religious worship, if such
instruction, ceremony or worship relates to a religion other than his own.

(2) In respect of any religious institution, there shall be no discrimination against any
community in the granting of exemption or concession in relation to taxation.

(3) Subject to law:

(a) No religious community or denomination shall be prevented from providing religious


instruction for pupils of that community or denomination in any educational institution
maintained wholly by that community or denomination; and

(b) No citizen shall be denied admission to any educational institution receiving aid from public
revenues on the ground only of race, religion, caste or place of birth.

(4) Nothing in this Article shall prevent any public authority from making provision for the
advancement of any socially or educationally backward class of citizens.

Article 23:
Background: Influenced by the need to protect property rights post-independence.

Evolution: Guarantees the right to own and dispose of property.

Provision: Grants the right to acquire, hold, and dispose of property in any part of Pakistan,
subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

Importance: Essential for economic freedom and security.

Explanation:
Provision as to property.

Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan,
subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

Article 24:
Background: Ensures property cannot be unjustly taken without compensation.

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Ideology and Constitution of Pakistan Articles (Human Rights)

Evolution: Protects against arbitrary state expropriation.

Provision: Protection against deprivation of property except in accordance with the law, and no
property shall be compulsorily acquired or taken possession of save for a public purpose and
with compensation.

Importance: Ensures property rights and provides for compensation in case of compulsory
acquisition for public purposes.

Explanation:
Protection of property rights.

(1) No person shall be compulsorily deprived of his property save in accordance with law.
(2) No property shall be compulsorily acquired or taken possession of save for a public
purpose, and save by the authority of law which provides for compensation therefore and
either fixes the amount of compensation or specifies the principles on and the manner in
which compensation is to be determined and given.

(3) Nothing in this Article shall affect the validity of :-

(a) any law permitting the compulsory acquisition or taking possession of any property for
preventing danger to life, property or public health; or

(b) any law permitting the taking over of any property which has been acquired by, or come into
the possession of, any person by any unfair means, or in any manner, contrary to law; or

(c) any law relating to the acquisition, administration or disposal of any property which is or is
deemed to be enemy property or evacuee property under any law (not being property which has
ceased to be evacuee property under any law); or

(d) any law providing for the taking over of the management of any property by the State for a
limited period, either in the public interest or in order to secure the proper management of the
property, or for the benefit of its owner; or

(e) any law providing for the acquisition of any class of property for the purpose of

(4) The adequacy or otherwise of any compensation provided for by any such law as is referred
to in this Article, or determined in pursuance thereof, shall not be called in question in any court.

Article 25:
Background: Rooted in the principles of equality and non-discrimination.

Evolution: Emphasizes equal protection under the law and gender equality.

Provision: All citizens are equal before the law and are entitled to equal protection of the law.
There shall be no discrimination on the basis of sex alone.

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Ideology and Constitution of Pakistan Articles (Human Rights)

Importance: Fundamental for justice and equality, ensuring non-discrimination and equal
treatment under the law.

Explanation:
Equality of Citizens

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex 35.

(3) Nothing in this Article shall prevent the State from making any special provision for the
protection of women and children.

Article 26
Article 27
Non- Article 28
Article 25A Safeguaed
discrimination Preservstion of
Right to against
in respect ot language,script
Education discrimination
access to and culture.
in services.
public places

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Article 25 :
Background: Reflects the importance of education for national development.

Evolution: Ensures free and compulsory education for children.

Provision: The State shall provide free and compulsory education to all children of the age of
five to sixteen years.

Importance: Guarantees the right to education, which is essential for individual and national
development.

Explanation:
Right to education:

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Ideology and Constitution of Pakistan Articles (Human Rights)

The State shall provide free and compulsory education to all children of the age of five to sixteen
years in such manner as may be determined by law.

Article 26:
Background: Derived from the need to promote social equality.

Evolution: Ensures equal access to public facilities.

Provision: No citizen shall be discriminated against on the grounds of race, religion, caste, sex,
residence, or place of birth in respect of access to places of public entertainment or resort.

Importance: Ensures equal access to public amenities and facilities, promoting social inclusion.

Explanation:
Non-discrimination in respect of access to public places.

(1) In respect of access to places of public entertainment or resort not intended for religious
purposes only, there shall be no discrimination against any citizen on the ground only of
race, religion, caste, sex, residence or place of birth.
(2) Nothing in clause (1) shall prevent the State from making any special provision for
women and children.

Article 27:
Background: Protects against discrimination in public service appointments.

Evolution: Ensures equal employment opportunities.

Provision: No citizen otherwise qualified for appointment in the service of Pakistan shall be
discriminated against in respect of any such appointment on the grounds only of race, religion,
caste, sex, residence, or place of birth.

Importance: Ensures equal opportunities in public service employment, promoting


meritocracy.

Explanation:
No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated
against in respect of any such appointment on the ground only of race, religion, caste, sex,
residence or place of birth.

Provided that, for a period not exceeding 37 years from the commencing day, posts may be
reserved for persons belonging to any class or area to secure their adequate representation in the
service of Pakistan.

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Ideology and Constitution of Pakistan Articles (Human Rights)

Article 28:
Background: Recognizes the cultural diversity of Pakistan.

Evolution: Protects linguistic and cultural heritage.

Provision: Any section of citizens having a distinct language, script, or culture has the right to
preserve and promote the same and, subject to law, establish institutions for that purpose.

Importance: Protects cultural diversity and promotes the preservation of minority languages
and cultures.

Subject to Article 251 any section of citizens having a distinct language, script or culture shall
have the right to preserve and promote the same and subject to law, establish institutions for that
purpose.

Conclusion:
The Fundamental Rights in the Constitution of Pakistan, 1973, show a strong commitment to
individual freedom, social justice, and democracy. These rights protect personal security,
freedom of speech, economic opportunities, and ensure no discrimination. They safeguard
human dignity and guarantee equal treatment for all citizens. By preventing arbitrary actions and
encouraging transparency, accountability, and cultural diversity, the Constitution helps build a
fair and inclusive society. These rights protect individuals and strengthen the nation's democracy,
promoting justice, equality, and freedom essential for national unity and progress.

The Essential Privileges in the Constitution of Pakistan, 1973, show areas of strength for a to
individual opportunities, civil rights, and a majority rules system. These privileges safeguard
different parts of life fundamental for human respect and prosperity.

They guarantee individual security and independence from inconsistent detainment (Articles 9
and 10), and safeguard against constrained work and double-dealing (Article 11). The
Constitution underlines decency in legitimate cycles (Articles 10-An and 13) and forestalls
review discipline (Article 12), advancing a simply general set of laws. It additionally boycotts
torment and safeguards human respect (Article 14).

The privileges to move unreservedly (Article 15), collect (Article 16), structure affiliations
(Article 17), and take part in exchange and callings (Article 18) support individual and monetary
opportunities. Rights to speak freely (Article 19), admittance to data (Article 19-A), and religion
(Article 20) feature the Constitution's devotion to a free and open society.

Non-segregation in open life (Articles 21, 22, 26, and 27) guarantees equity and consideration.
The right to property (Articles 23 and 24) and the obligation to training (Article 25-A) underline
monetary security and self-awareness. Safeguarding social variety (Article 28) recognizes
Pakistan's rich social legacy and minority freedoms.

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Ideology and Constitution of Pakistan Articles (Human Rights)

Taking everything into account, these Principal Privileges safeguard individual opportunities,
advance civil rights, and fortify Pakistan's majority rules system. They give a system to equity,
correspondence, and opportunity for all residents, supporting public solidarity and progress. By
remembering these freedoms for the Constitution, Pakistan shows its obligation to a fair, just,
and comprehensive society where everybody's pride and privileges are secured.

References:
The constitution and Islamic Republic of Pakistan 2021 (book)

Second year Pakistan Studies book (Punjab textbook)

(https://pakistankanoon.com/statutes/constitution-of-pakistan/article-8/)

(https://courtingthelaw.com/2021/02/17/commentary/fundamental-rights-and-how-to-enforce-
them/).

(https://www.pakistani.org/pakistan/constitution/part2.ch2.html).

(https://www.pakistani.org/pakistan/constitution/)

(https://www.pakistani.org/pakistan/constitution/).

https://youtu.be/RcjSfnOYmBY?si=8Nz9mWNATkMY4_gM

https://youtu.be/RARTtwNKULA?si=FdsMEjDbxcmNileo

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