Analysis and fundamentals right under constitution 1973

1. ANALYSIS OF FUNDAMENTA
L RIGHT UNDER CONSTITUTI
ON OF PAKISTAN
UNDER 1973
BY: Ishmal Zafar
ROLL #: 05
ADP ( Literature)
SUBMITTED TO: Fall Naz Noor

2. Fundamental Rights
A group of rights that have been recognized by a high degree of protection from encroachme
nt. These rights are specifically identified in a constitution, or have been found under due pro
cess of law. The united nations' sustainable development goal , established in 2015, undersco
res the link between promoting human rights and sustaining peace

3. Fundamental Rights
Fundamentals right are incorporâtes from article 08 to 40 in
the first chapter of the 1973 constitution right are the basic fa
cilites which we need for ours growth. These are the claims of
individual recognised by the society and enforced by the state.
The existence of democracy can’t be imagined without fundam
ental rights in pakistan because rights are the pillars of demo
cracy

4. WHY DO WE CALL THESE RIGHTS
FUNDAMENTAL?
 These rights are incorporated in the first chapter of the co
nstitution of pakistan.
 They afford a basis for the development of an individual.
 The people and officials of pakistan are ought to enjoy th
ese rights.

5. RIGHT TO EQUALITY
 Equality before law, provides that «the state shall not deny to any person equality befor la
w or the equal protection of law within the territory of pakistan.
 Prohibilition of descrimination,
 Equality of opportunity
 Abolition of untouchability
 Abolition of titles

6. RIGHT TO FREEDOM
 Freedom of speech and expression
 Freedom of press – has been inserted according to which the press has been gi
ven the power to publish an account of the proceedings of the pakistan’s parlia
ment and states legislatures.
 Right to information is linked to the freedom of speech and expression granted
in the constitution.

7. RIGHT TO FREEDOM
 Freedom to assemble peacefully without arms.
 Freedom to form associations and unions.
 Freedom to move freely throughout the territory of pakistan.
 Freedom to reside and settle in any part of the territory of pakistan.
 Freedom to practise any profession or to carry on any occupation,trade or business.

8. RIGHT TO FREEDOM
 Protection in respect of conviction of an offense article-20
 Protection of life and personale liberty article-21
 Right to éducation article-21 A
 Protection against arrest and detention against certain cases article-22

9. Significance/ Characteristic
• Fundamental rights for Pakistanis are aimed at overturning the inequities of past social pr
actices.
• Guarantee that all citizens can and will lead their life's in peace as long as they live in Pak
istan.
• Essential for development.
• Democracy gave rise to various freedoms in the form of fundamental rights.
• Helps prevention of gross violation of human rights.

10. 10

11. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
The 1973 constitution of Islamic republic of Pakistan 1973 co
ntains fundamental rights and principles of policies which give ba
sic rights to citizens.
Some of the articles pertaining to human dignity & respect given
in constitution of Pakistan are as follows:-
Security of persons:
• No person shall be deprived of life or liberty.
• .

12. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
Safeguards as to arrest and detention:
• No person who is arrested shall be detained in custody without being informed, of the gro
unds for such arrest
• Nor shall he be denied the right to consult and be defended by a legal practitioner of his c
hoice.
Slavery, forced labor, etc., Prohibited:
slavery is forbidden and no law shall permit or facilitate its i
ntroduction into pakistan in any form.

13. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
Sacredness of dignity of man, etc.:
The dignity of man and, subject to law, the privacy of home,
shall be firm.
Freedom of movement, etc.:
Every citizen shall have the right to remain in, and subject t
o any reasonable restriction imposed by law in the public int
erest, enter and move freely throughout pakistan and to resi
de and settle in any part thereof.

14. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
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.

15. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
Freedom of association:
every citizen shall have the right to form associations or uni
ons, subject to any reasonable restrictions imposed by law i
n the interest of (sovereignty or integrity of pakistan, public
order or morality.)

16. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
Freedom of trade, business or profession:
subject to such qualifications, if any, as may be prescribed b
y law, every citizen shall have the right to enter upon any la
wful profession or occupation, and to conduct any lawful tra
de or business.

17. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
Freedom of speech, etc:
Every citizen shall have the right to freedom of speech and expre
ssion, and
 There shall be freedom to the press, subject to any reasonable rest
rictions imposed by law in the interest of the glory of islam or the
integrity, security or defense or pakistan or any part thereof, frien
dly relations with foreign states, public order, decency or moralit
y, or in relation to contempt of court.

18. CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973
Freedom of speech, etc:
Every citizen shall have the right to freedom of speech and expre
ssion, and
 There shall be freedom to the press, subject to any reasonable rest
rictions imposed by law in the interest of the glory of islam or the
integrity, security or defense or pakistan or any part thereof, frien
dly relations with foreign states, public order, decency or moralit
y, or in relation to contempt of court.

19. CRITICAL EVALUATION OF
FUNDAMENTAL RIGHTS
 No rights outside the constitution
 Too many limitations
 Preventive detention and fundamental rights
 Rights can be suspended during emergency
 Absence of economic rights
 Vague and complex language
 Supremacy of parliament over fundamental rights
 Special concessions for minorities and backward classes are against the pri
nciple of equality.

20. IMPORTANCE OF HUMAN RIGHTS
 Foundation of democracy
 Check on the arbitrariness of the government
 Create proper conditions for the development of men
 Foundation of rule of law
 Establishment of secular state
 Protection of the interests of the minorities
 Reconciliation between individual interests and social interests.