2: Fundamental Rights
Part 2 consisted of Articles 3 to 22.
It defined the fundamental rights of the citizens, and stated that
no law can be made in violation to these rights. The courts were
given the authority to repeal such laws. One notable exception to
the fundamental rights were any rules made for the Armed Forces
and law enforcing agencies. Some of these rights appeared again
in the 1962 Constitution, where the courts were initially not given
the authority to enforce them, but were later authorized through
an amendment to the Constitution. The 1973 Constitution revived
the spirit of the 1956 Constitution with regards to the fundamental
PART 2: Fundamental Rights
In this Part, unless the context otherwise
requires, "the State" includes the Federal Government,
Parliament, the Provincial Governments, the Provincial Legislatures,
and all local or other authorities in Pakistan.
(1) Any existing law, or any custom or
usage having the force of law, in so far as it is inconsistent with
the provisions of this Part, shall, to the extent of such inconsistency,
(2) The State shall not make any law
which takes or abridges the rights conferred by this Part, and any
law in contravention of this clause shall, to the extent of such
contravention, be void.
(3) Nothing in this Article shall
apply to any law relating to the members of the Armed Forces, or
the Forces charged with the maintenance of public order, for the
purpose of ensuring the proper discharge of their duties or the
maintenance of discipline among them.
(1) All citizens are equal before law
and are entitled to equal protection of law.
(2) No person shall be deprived
of life or liberty save in accordance with law.
No person shall be punished for an act
which was not punishable by law when the act was done, nor shall
any person be subjected to a punishment greater than that prescribed
by law for an offence when the offence was committed.
(1) No person who is arrested shall
be detained in custody without being informed, as soon as may be,
of the grounds for such arrest, nor shall he be denied the right
to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and
detained in custody shall be produced before the nearest magistrate
within a period of twenty-four hours of such arrest, excluding the
time necessary for the journey from the place of arrest to the court
of the magistrate, and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall
apply to any person -
(a) who for the time being is an enemy
(b) who is arrested or detained under any law providing for preventive
(4) No law providing for preventive
detention shall authorize the detention of a person for a period
exceeding three months unless the appropriate Advisory Board has
reported before the expiration of the said period of three months
that there is, in its opinion, sufficient cause for such detention.
Explanation: In this clause "the appropriate
Advisory Board" means, in the case of a person detained under
a Central Act or an Act of Parliament, a Board consisting of persons
appointed by the Chief justice of Pakistan, or, in the case of
a person detained under a Provincial Act or an Act of a Provincial
Legislature, a Board consisting of persons appointed by the Chief
Justice of the High Court for the Province.
(5) When any person is detained in pursuance
of an order made under any law providing for preventive detention,
the authority making the order shall, as soon as may be, communicate
to such person the grounds on which the order has been made and
shall afford him the earliest opportunity of making a representation
against the order:
Provided that the authority making any such order
may refuse to disclose facts which such authority considers it
to be against the public interest to disclose.
Every citizen shall have the right to
freedom of speech and expression, subject to any reasonable restrictions
imposed by law in the interest of the security of Pakistan, friendly
relations with foreign States, public order, decency or morality,
or in relation to contempt of court, defamation or incitement to
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.
Every citizen shall have the right
to form associations or unions, subject to any reasonable restrictions
imposed by law in the interest of morality or public order.
Subject to any reasonable restrictions
imposed by law in the public interest, every citizen shall have
the right -
(a) to move freely throughout Pakistan
and to reside and settle in any part thereof,
(b) to acquire, hold and dispose of
Every citizen, possessing such qualifications,
if any, as may be prescribed by law in relation to his profession
or occupation, shall have the right to enter upon any lawful profession
or occupation, and to conduct any lawful trade or business:
Provided that nothing in this Article shall prevent
(a) the regulation of any trade or
profession by a licensing system, or
(b) the carrying on, by the Federal
or a Provincial Government or by a corporation controlled by any
such Government, of any trade, business, industry or service,
to the exclusion, complete or partial, of other persons.
(1) No person attending any educational
institution shall be required to receive religious instruction,
or take part in any religious ceremony, or attend religious worship,
if such instruction, ceremony or worship relates to a religion other
than his own.
(2) No religious community or denomination
shall be prevented from providing religious instruction for pupils
of that community or denomination in any educational institution
maintained wholly by that community or denomination.
(3) No citizen shall be denied admission
to any educational institution receiving aid from public revenues
on the ground only of race, religion, caste, or place of birth:
Provided that nothing in this Article shall prevent
any public authority from making provision for the advancement
of any socially or educationally backward class of citizens.
(4) In respect of any religious institution,
there shall be no discrimination against any community in the granting
of exemption or concession in relation to taxation.
(5) Every religious community or
denomination shall have the right to establish and maintain educational
institutions of its own choice, and the State shall not deny recognition
to any such institution on the ground only that the management of
such institution vests in that community or denomination.
(1) In respect of access to places of
public entertainment or resort, not intended for religious purposes
only, there shall be no discrimination against any citizen on the
ground only of race, religion, caste, sex or place of birth.
(2) Nothing in this Article shall prevent
the making of any special provision for women.
(1) No person shall be deprived of his
property save. In accordance with law.
(2) No property shall be compulsorily
acquired or taken possession of save for a public purpose, and save
by the authority of law which provides for compensation therefore
and either fixes the amount of compensation or specifies the principles
on which and the manner in which compensation is to be determined
(3) Nothing in this Article shall affect
the validity of-
(a) any existing law, or
(b) any law permitting the compulsory
acquisition or taking possession of any property for preventing
danger to life, property or public health, or
(c) any law relating to the administration
or acquisition of any property which is or is deemed to be evacuee
property under any law, or
(d) any law providing for the taking
over by the State for a limited period of the management of any
property for the benefit of its owner.
(4) In clauses (2) and (3), "property"
shall mean immovable property, or any commercial or industrial undertaking,
or any interest in any such undertaking.
(1) No person shall be held in slavery.
(2) All forms of forced labour
are prohibited, but the State may require compulsory service for
(1) No citizen otherwise qualified for
appointment in the service of Pakistan shall be discriminated against
in respect of any such appointment on the ground only of race, religion,
caste, sex, residence or place of birth:
Provided that for a period of fifteen years from
the Constitution Day, posts may be reserved for persons belonging
to any class or area to secure their adequate representation in
the service of Pakistan.
Provided further that in the interest of the said
service, specified posts or services may be reserved for members
of either sex.
(2) Nothing in clause (1) shall
prevent any Provincial Government or any local or other authority
from prescribing, in relation to any class of service under that
Government or authority, conditions as to residence in the Province
prior to appointment under that Government or authority.
Subject to law, public order and morality
(a) every citizen has the right to
profess, practise and propagate any religion; and
(b) every religious denomination and
every sect thereof has the right to establish, maintain and manage
its religious institutions.
Any section of citizens having a distinct language,
script or culture shall have the right to preserve the same.
Untouchability is abolished and its
practice in any form forbidden and shall be declared by law to be
No person shall be compelled to pay
any special tax the proceeds of which are to be spent on the propagation
or maintenance of any religion other than his own.
(1) The right to move the Supreme Court
by appropriate proceedings for the enforcement of the rights conferred
by this Part is guaranteed.
(2) The Supreme Court shall have power
to issue to any person or authority, including in a appropriate
cases any Government, directions, orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, whichever may be appropriate, for the enforcement
of any of the rights conferred by this Part.
(3) The right guaranteed by this
Article shall not be suspended except as otherwise provided by the
(4) The provisions of this Article shall
have no application in relation to the Special Areas.
Source: Documents and Speeches on the Constitution
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)
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