Friday, 14 August 2020

Fundamental Rights - Constitutional Law Notes LLB

Fundamental Rights - Constitutional Law Notes LLB

1) Preface

Fundamental rights are the basic rights of the citizens of the state. In the Islamic
Republic Pakistan’s constitution of 1973 the list of fundamental rights has been given it
has also been clarified that any objectionable law under fundamental rights will be
considered null and void because every democratic state recognizes fundamental rights
for its citizen.

2) Definition of Fundamental Rights

Fundamental rights are those rights which have been legally recognized by the supreme
court of Pakistan and are listed in the bill of rights in order to protect citizen from
government violation.

3 Relay Article

Constitution of Pakistan 1973 Article 8 to 28

4) Fundamental rights in the constitution

Following are the fundamental rights which have been listed under the Pakistan’
constitution of 1973.
1. Security of person
According to Pakistan’s constitution 1973, No person shall be deprived of liberty and
life.
2. Prohibition of slavery and forced labor
According to Pakistan’s constitution 1973, slavery is forbidden and all forms of
forced labor are prohibited. No child below the age of fourteen years shall be engaged
in any factory or mine
3. Protection against retrospective (old) punishment
According to Pakistan’s constitution 1973, law is not authorized to punish a person
for an act or an omission that was not an offense at the time of act or omission.
4. Protection against double punishment and self-incrimination
According to Pakistan’s constitution 1973, the law is not authorized to punish a person
for any offense more than once as well as offender will not be compelled to give witness
against himself.
5. Protection of family
According to Pakistan’s constitution 1973, the State shall protect the marriage, the
family, the mother, and the child of the citizen.6. Freedom of Movement
According to Pakistan’s constitution 1973, every citizen of Pakistan has freedom of
movement through Pakistan reasonable restrictions have been imposed by law for the
benefit of the public.
7. Freedom of association
According to Pakistan’s constitution 1973, every citizen of Pakistan has right of form
associations or unions but the formation of associations should be within the limits.
8. Freedom of peaceful assembly
According to Pakistan’s constitution 1973, every citizen has the right to make
peaceful assembly without weapons and reasonable restrictions have been imposed by
law for the benefit of the public.
9. Freedom of trade, business, and profession
According to Pakistan’s constitution 1973, every citizen has a right to adopt any
lawful profession, and can establish any lawful business.
10. Freedom of speech
According to Pakistan’s constitution 1973, every citizen has a right of freedom of
speech and expression but reasonable restrictions have been imposed by law for the
the benefit of the public and state.
11. Freedom of religion
According to Pakistan’s constitution 1973, every citizen has a right to promote,
practice and spread his religion.
12. Safeguard against religious taxes
No person shall be compelled to pay any special tax for promotion of any religion other
than his own.
13. Safeguard to establish an educational institution of religion
Every religious community has a right to educate its followers and has a right to
establish its own educational institutions.
14. Political freedom
According to Pakistan’s constitution 1973, every citizen of Pakistan has a right to be
member of any political party but public servant can’t take part.
15. Safeguards in case of arrest and detentions
 Every person who is arrested and kept in custody shall be brought before a magistrate
within a period of twenty-four hours after such arrest
16. Equality of citizen
According to Pakistan’s constitution 1973, all citizens including women and children
are equal in the eyes of law and are entitled to equal rights17. Freedom of property rights
According to Pakistan’s constitution 1973 provides protection to the properties of
the citizens and no one can deprive them of their own properties.
18. Right of access to public places
According to Pakistan’s constitution 1973 every citizen has a right to access places
of public entertainment, there will be no restriction against any citizen on the basis of
race, religion, caste, sex, residence, or place of birth.
19. Right to job
According to Pakistan’s constitution 1973, every citizen has a right to get job without
any problem.
20. Right of language and culture
According to Pakistan’s constitution 1973, the national language of Pakistan is Urdu but
any section of a citizen having different language script or culture has a right of preserve
and promotes the same and establishes the institution for the purpose.

21. Right of a fair trial
According to Pakistan’s constitution 1973, every person is entitled to a fair trial and
due process. Under the law, everyone who is charged with a criminal offense is
presumed innocent until proved guilty.
22. Right of education
According to Pakistan’s constitution 1973, right of education.—The State shall
provide free and compulsory education to all children of the age of five to sixteen years
23. Right of information
According to Pakistan’s constitution 1973, every citizen has a right to have access to
information in all matters of public importance without an issue.

5) Can fundamental rights be suspended

During a national emergency, when the state in itself in danger a many fundamental rights
can be suspended because fundamental rights have no real meaning but the Right of
Life and Personal Liberty cannot be suspended according to the original Constitution

6) Difference between fundamental rights and ordinary rights

1) As to source
Fundamental rights are available under the constitution.
Ordinary rights are provided by ordinary law.
2) As to scope
Fundamental rights have a wider scope
Ordinary rights have less scope
3) As to enforceability
Fundamental rights are enforceable even against the government.
Ordinary rights are not enforceable against the government

6) Preclude Remarks

To Preclude, we can say that fundamental rights are part of the constitutional law.
There can be no democratic constitution without it as many fundamental rights have been
given in this constitution which are protecting people to get them to violate by
government. Fundamental rights cannot be suspended without applying constitutional methods.

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