8. |
Laws inconsistent with or in derogation of fundamental rights to be void.
(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. |
(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. |
(3) |
The provisions of this Article shall not apply to :-
(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 |
[7] |
(b) |
any of the
(i) |
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; |
(ii) |
other laws specified in Part I of the First Schedule; |
|
and no such law nor any provision thereof shall
be void on the ground that such law or provision
is inconsistent with, or repugnant to, any provision
of this Chapter. |
(4) |
Notwithstanding anything contained in paragraph (b) of clause (3),
within a period of two years from the commencing day, the appropriate
Legislature shall bring the laws specified in [8][Part II of the First Schedule] into
conformity with the rights conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the
said period of two years by a period not exceeding six months.
Explanation :- If in respect of any law [9][Majlis-e-Shoora (Parliament)] is the
appropriate Legislature, such resolution shall be a resolution of the
National Assembly.
|
(5) |
The rights conferred by this Chapter shall not be suspended except
as expressly provided by the Constitution. |
|
|
9. |
Security of person.
No person shall be deprived of life or liberty
save in accordance with law. |
|
10. |
Safeguards as to arrest and detention.
(1) |
No person who is arrested shall be detained in custody without
being informed, as soon as may be, of the grounds for such arrest, nor
shall he be denied the right to consult and be defended by a legal
practitioner of his choice. |
(2) |
Every person who is arrested and detained in custody shall be
produced before a magistrate 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
detained in custody beyond the said period without the authority of a
magistrate. |
(3) |
Nothing in clauses (1) and (2) shall apply to any person who is
arrested or detained under any law providing for preventive detention.
|
(4) |
No law providing for preventive detention shall be made except to
deal with persons acting in a manner prejudicial to the integrity,
security or defence of Pakistan or any part thereof, or external affairs
of Pakistan, or public order, or the maintenance of supplies or services,
and no such law shall authorise the detention of a person for a period
exceeding [10][three months] unless the appropriate Review Board has, after
affording him an opportunity of being heard in person, reviewed his case
and reported, before the expiration of the said period, that there is, in
its opinion, sufficient cause for such detention, and, if the detention is
continued after the said period of [10][three months], unless the appropriate
Review Board has reviewed his case and reported, before the expiration of
each period of three months, that there is, in its opinion, sufficient
cause for such detention.
Explanation-I: In this Article, "the appropriate
Review Board" means,
(i) |
in the case of a person detained under a Federal law, a Board
appointed by the Chief Justice of Pakistan and consisting of a
Chairman and two other persons, each of whom is or has been a Judge
of the Supreme Court or a High Court; and |
(ii) |
in the case of a Person detained under a Provincial law, a
Board appointed by the Chief Justice of the High Court concerned and
consisting of a Chairman and two other persons, each of whom is or has
been a Judge of a High Court. |
Explanation-II: The opinion of a Review Board shall
be expressed in terms of the views of the majority of its members.
|
(5) |
When any person is detained in pursuance of an order made under
any law providing for preventive detention, the authority making the order
shall, [11][within fifteen days] from such
detention, communicate to such person the grounds on which the order has
been made, and shall afford him the earliest opportunity of making a
representation against the order:
Provided that the authority making any such order may refuse to
disclose facts which such authority considers it to be against the public
interest to disclose.
|
(6) | The authority making the order shall furnish to the appropriate
Review Board all documents relevant to the case unless a certificate,
signed by a Secretary to the Government concerned, to the effect that it
is not in the public interest to furnish any documents, is produced.
|
(7) |
Within a period of twenty-four months commencing on the day of his
first detention in pursuance of an order made under a law providing for
preventive detention, no person shall be detained in pursuance of any
such order for more than a total period of eight months in the case of a
person detained for acting in a manner prejudicial to public order and
twelve months in any other case:
Provided that this clause shall not apply to any person who is
employed by, or works for, or acts on instructions received from, the
enemy [12] [or who is acting or attempting
to act in a manner prejudicial to the integrity, security or defence of
Pakistan or any part thereof or who commits or attempts to commit any act
which amounts to an anti-national activity as defined in a Federal law or
is a member of any association which has for its objects, or which
indulges in, any such anti-national activity.]
|
(8) |
The appropriate Review Board shall determine the place of detention of the person detained
and fix a reasonable subsistence allowance for his
family. |
(9) | Nothing in this Article shall apply to any person who for the time
being is an enemy alien. |
|
|
[12A] |
[10A. | Right to fair trial:
For the determination of his civil rights and obligations or in any
criminal charge against him a person shall be entitled to a fair trial
and due process.] |
|
11. |
Slavery, forced labour, etc. prohibited.
(1) |
Slavery is non-existent and forbidden and no law shall permit or
facilitate its introduction into Pakistan in any form. |
(2) | All forms of forced labour and traffic in human beings are
prohibited. |
(3) |
No child below the age of fourteen years shall be engaged in any
factory or mine or any other hazardous employment. |
(4) | Nothing in this Article shall be deemed to affect compulsory
service:-
(a) |
by any person undergoing punishment for an offence against any
law; or |
(b) |
required by any law for public purpose provided that no compulsory
service shall be of a cruel nature or incompatible with human dignity.
|
|
|
|
12. |
Protection against retrospective punishment.
(1) |
No law shall authorize the punishment of a person:-
(a) |
for an act or omission that was not punishable by law at the time
of the act or omission; or |
(b) | for an offence by a penalty greater than, or of a kind different
from, the penalty prescribed by law for that offence at the time the
offence was committed.
|
|
(2) | Nothing in clause (1) or in Article 270 shall apply to any law
making acts of abrogation or subversion of a Constitution in force in
Pakistan at any time since the twenty-third day of March, one thousand
nine hundred and fifty-six, an offence. |
|
|
13. |
Protection against double punishment and self incrimination.
No person:-
(a) |
shall be prosecuted or punished for the same offence more than
once; or
|
(b) |
shall, when accused of an offence, be
compelled to be a witness against himself.
|
|
|
14. |
Inviolability of dignity of man, etc.
(1) |
The dignity of man and, subject to law, the privacy of home, shall
be inviolable. |
(2) |
No person shall be subjected to torture for the purpose of
extracting evidence. |
|
|
15. |
Freedom of movement, etc.
Every citizen shall have the right to remain in, and, subject to any
reasonable restriction imposed by law in the public interest, enter and
move freely throughout Pakistan and to reside and settle in any part
thereof. |
|
16. |
Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without
arms, subject to any reasonable restrictions imposed by law in the
interest of public order. |
|
[12B] |
[17. | Freedom of association:
(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.] |
|
|
18. |
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.
|
|
|
19. |
Freedom of speech, etc.
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 relations with foreign States, public order, decency or
morality, or in relation to contempt of court,[15][commission of] or incitement to an
offence. |
|
[15A] |
[19A. | Right to information:
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.] |
|
20. |
Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
(a) |
every citizen shall have the right to profess, practise 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. |
|
|
21.
| Safeguard against taxation for purposes of any particular religion.
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. |
|
22.
| 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. |
|
|
23. |
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.
|
|
24. |
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
(i) |
providing education and medical aid to all or any specified class
of citizens or |
(ii) | providing housing and public facilities and services such as
roads, water supply, sewerage, gas and electric power to all or any
specified class of citizens; or |
(iii) | providing maintenance to those who, on account of unemployment,
sickness, infirmity or old age, are unable to maintain themselves ; or
|
|
(f) |
any existing law or any law made in pursuance of Article 253.
|
|
(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.
|
|
|
25. |
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 [15B][*]. |
(3) |
Nothing in this Article shall prevent the State from making any
special provision for the protection of women and children.
|
|
|
[15C] |
[25A. | Right to education:
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.] |
|
26. |
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. |
|
|
27. |
Safeguard against discrimination in services.
(1) | 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 [16][forty] 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:
Provided further that, in the interest of the said service, specified
posts or services may be reserved for members of either sex if such posts
or services entail the performance of duties and functions which cannot be
adequately performed by members of the other sex [16A][:]
[16B][Provided
also that under-representation of any class or area in the service of
Pakistan may be redressed in such manner as may be determined by an Act
of Majlis-e-Shoora (Parliament).]
|
(2) |
Nothing in clause (1) shall prevent any Provincial Government, or
any local or other authority in a Province, from prescribing, in relation
to any post or class of service under that Government or authority,
conditions as to residence in the Province. for a period not exceeding
three years, prior to appointment under that Government or authority. |
|
|
28. |
Preservation of language, script and culture.
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.
|
No comments:
Post a Comment