Part II: Fundamental Rights and Principles of Policy
Definition of the State In this Part, unless the context otherwise requires, "the State" means the Federal Government, 12[Majlis-e-Shoora (Parliament)] 12, a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess. | |
Chapter 1: Fundamental Rights
Laws inconsistent with or in derogation of fundamental rights to be void.
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Security of person. No person shall be deprived of life or liberty save in accordance with law. | |||||||||||||||||||||||||||||||||||||||||
Safeguards as to arrest and detention
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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. | |
Slavery, forced labour, etc. prohibited
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Protection against retrospective punishment
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Protection against double punishment and self incrimination. No person:-
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Inviolability of dignity of man, etc.
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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. | |||||||||||||||||||||
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. | |||||||||||||||||||||
Freedom of association:
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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:- | |||||||
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, 30[commission of] 30 or incitement to an offence. | |||||||
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. | |
Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality:-
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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. | |||||||||||||||||||||||||||||||||||
Safeguards as to educational institutions in respect of religion, etc.
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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. | |||||||||||||||||||||||||||||||||||
Protection of property rights.
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Equality of citizens.
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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. | |
Non-discrimination in respect of access to public places.
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Safeguard against discrimination in services.
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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. | |||||||||
Notes
12 Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".
13 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for :
(b) any of the laws specified in the First Schedule as in force immediately before the commencing day 14[or as amended by any of the laws specified in that Schedule] 14;
14 Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 3 (with effect from May 4, 1974).
15 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for "the First Schedule, not being a law which relates to, or is connected with, economic reforms".
16 Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".
17 Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".
18 Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".
19 Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "as soon as may be, but not later than one week".
20 Inserted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975).
21 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 5 (with effect from April 19, 2010).
22 Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010) for :
17 Freedom of association. 24[
(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of 23[sovereignty or integrity of Pakistan, public order or morality] 23. ] 24 29[
(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 25[or public order] 25and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan 26[or public order] 26, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final 27[:] 27 28[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.] 28(3) Every political party shall account for the source of its funds in accordance with law. ] 29
(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.
23 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 3 (with effect from November 21, 1975) for "morality or public order".
24 Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 4 (with effect from May 4, 1974) for :
(2) Every citizen not being in the service of Pakistan shall have the right to form or be a member of a political party. Every political party shall account for the source of its funds in accordance with law.
25 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).
26 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).
27 Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002) for ".".
28 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002).
29 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 2 (with effect from August 21, 2002).
30 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 4 (with effect from November 21, 1975) for "defamation".
31 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010).
32 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 8 (with effect from April 19, 2010) : "alone".
33 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 9 (with effect from April 19, 2010).
34 Substituted by Constitution (Sixteenth Amendment) Act, 1999 (6 of 1999), Article 2 (with effect from August 5, 1999) for " 35[twenty] 35".
35 Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 4 (with effect from March 2, 1985) for "ten".
36 Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010) for ".".
37 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010).