Violation of Article 4 is unconstitutional

Constitution is the supra document of any state. The articles of constitution have the overriding effect over all laws existing in the state. Violation of any constitutional article is unconstitutional by anyone. However, it is the responsibility of state to ensure effective implementation of constitutional articles.

If a government cannot deliver what is just as per the provisions of constitutional articles then such government is a failed government. One of the most important articles of constitution of Islamic Republic of Pakistan, 1973 is Article 4. Clause 2 of the Article holds paramount importance. The following article is reproduced below:-

4

Right of individuals to be dealt with in accordance with law, etc. (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.   (2) In particular :- (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do.

The state has to ensure that each and every person is equal before law. The individuals must be dealt according to law. No person can be deprived of liberty, body, reputation or property by any other person or by the state itself. Similarly no person can be deprived of doing anything not prohibited in law. No person can be forced to do wrong.

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Regards,
Salman Yousaf Khan
International Lawyer
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