Loading...

Constitution of Pakistan

The 1973 Constitution of Pakistan is intended to guide rule of law, its enforcement, and the governance of its institutional system.

It identifies the state (its physical existence and its borders), people and their fundamental rights.

Constitution of Pakistan

Constitution of Pakistan

Fundamental Rights

The Fundamental Rights of each Pakistani citizen are covered under Chapter II, Article 8 to 28. According to Article 8, laws which contradict or infringe upon the Rights granted in this Chapter are void.

The Fundamental Rights of each Pakistani citizen are covered under Chapter II, Article 8 to 28. According to Article 8, laws which contradict or infringe upon the Rights granted in this Chapter are void.

The Chapter further states that all citizens are equal under the law and bars discrimination on the basis of sex. There is an added element of non-discrimination in public places on the basis of race, religion, caste, sex, residence or place of birth with an added clause specifying special provisions for women and children. There is also a prohibition on any special tax of any particular religion other than an individual’s own religion and an added safeguard for educational institutions which states any person attending an educational institution will not be required to attend or participate in religious ceremonies or instruction which is not in accordance with his/her own religion. It also highlights the preservation and promotion of language, script and culture of any citizens to which such distinctive categories apply.

Chapter II also provides safeguards pertaining to arrest and detention, and prohibits slavery, including human trafficking and forced labour, along with a provision to protect individuals against retrospective punishment and protection from double punishment and self-incrimination. The privacy of home and dignity of man has also been enshrined and interlinked with the prohibition of torture for the purpose of extracting evidence.

Principles of Policy

Articles 29 to 40 are referred to as Principles of Policy.

The State is to discourage parochial, racial, tribal, sectarian and provincial prejudice and has to take steps to promote the participation of women in national life along with an added provision on the protection of family, mother and child and minorities including their representation in Federal and Provincial services.

Under Article 37, a provision focusing on “promotion of social justice and eradication of social evils” has been added. It covers a wide range of categories such as supporting educational and economic interests of marginalized groups by providing free compulsory secondary education, promoting availability of technical and general education and making higher education accessible, ensure inexpensive and expeditious justice, ensuring humane conditions of work, maternity benefits, etc.

Article 38 focuses on the “promotion of social and economic wellbeing of the people.” It stresses on the State to secure the wellbeing of the people “irrespective of sex, caste, creed or race by preventing the concentration of wealth…” Other provisions under the Article focus on providing “basic necessities of life, such as food, clothing, housing, education and medical relief … irrespective of sex, caste, creed, or race, … unable to earn their livelihood on account of infirmity, sickness or unemployment.”

Enabling people to join the Armed Forces has also been specified. Lastly, Article 40 encapsulates the notion of Islamic unity between Pakistan and other Muslim nations and to support and promote international peace and security and encourage the settlement of international disputes by peaceful means.