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Fundamental Rights in the 1973
Constitution of Pakistan
Overview of Fundamental Rights
Fundamental Rights: Basic rights guaranteed by the state to ensure freedom, equality,
and human dignity.
Enshrined in Part II, Chapter 1 of the Constitution.
Essential for:
Protection of individual autonomy
Safeguarding against arbitrary state actions
Promoting a life of dignity and respect
Rights and duties are interdependent:
Rights give meaning only when individuals perform their duties; both are
essential for democracy.
Enforcement of Fundamental Rights
Article Court/Authority Power/Function
199 High Courts Safeguard fundamental rights of individuals
Take action on public importance matters related to
184(3) Supreme Court
fundamental rights
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Protection of Individual Freedom
Article Right/Protection Description
9 Right to Life and Liberty No deprivation of life or liberty except by law
Protection from Arbitrary Safeguards against unlawful arrest and
10
Arrest detention
10-A Right to Fair Trial Guarantees due process and fair trial
Safeguards Against Exploitation and Abuse
Article Protection Details
Prohibition of Slavery and Forced No slavery, forced labor, or child labor
11
Labor under 14 in hazardous jobs
Protection Against Retrospective No punishment for acts not criminal at
12
Punishment the time committed
Protection Against Double No double jeopardy or forced self-
13
Punishment & Self-Incrimination incrimination
Human dignity inviolable; torture
14 Dignity and Protection from Torture
prohibited
Freedom of Movement, Assembly, and
Association
Article Freedom Conditions/Restrictions
Freedom of Movement and Subject to reasonable public interest
15
Residence restrictions
16 Freedom of Assembly Subject to public order
Right to form/join associations, unions, political
17 Freedom of Association
parties
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Freedom of Speech, Information, and Religion
Article Freedom Restrictions/Protections
Subject to restrictions for security, decency,
19 Freedom of Speech
public order
19-A Right to Information Access to information guaranteed
Right to profess, practice, and propagate
20 Freedom of Religion
religion
Protection from Compulsory
21 No forced religious taxes
Religious Taxes
No discrimination based on religion in
22 Non-Discrimination in Education
educational institutions
Social and Economic Rights
Article Right Details
Right to acquire, hold, and dispose of property anywhere in
23 Property Rights
Pakistan
Protection of
24 Safeguards property rights
Property
25-A Right to Education Free education for children aged 5 to 16 years
Equality of Citizens
Article Principle Explanation
All citizens equal and entitled to equal
25 Equality Before Law
protection
Non-Discrimination in Public
26 No discrimination in access to public places
Places
Equal opportunity in public services regardless
27 Non-Discrimination in Services
of sex
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Safeguards for Vulnerable Groups
Article Protection Details
Preservation of language, script, and
28 Minority Rights
culture of minorities
Special Women, Children, Additional protections to ensure equality
Provisions Marginalized Communities and prevent discrimination
Important Note:
Fundamental rights are the foundation of democracy, protecting individuals
from state abuse and ensuring equal participation in society. Enforcement
mechanisms via High Courts and the Supreme Court are crucial for upholding
these rights.
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