Fundamental Rights (Articles 8 to 28)

8-28

Chapter 1 of Part II of the Constitution lists the Fundamental Rights, from life and liberty (Art. 9) and fair trial (Art. 10A) to free speech (Art. 19), property (Arts. 23-24), equality (Art. 25) and education (Art. 25A). Some belong to every person and some only to citizens. A law that conflicts with them is void to that extent (Art. 8). If a fundamental right is violated, a person can petition the High Court under Article 199, and in matters of public importance the Federal Constitutional Court under Article 175E(3). Many rights are 'subject to law' or to reasonable restrictions, so it matters to read the full article.

What does 8-28 say?

Summary list of Chapter 1 of Part II (not the full text): Article 8. Laws inconsistent with or in derogation of Fundamental Rights are void Article 9. Security of person: no one is deprived of life or liberty except in accordance with law Article 9A. Clean and healthy environment Article 10. Safeguards on arrest and detention Article 10A. Right to a fair trial Article 11. Slavery, forced labour and child employment in hazardous work prohibited Article 12. Protection against retrospective punishment Article 13. Protection against double punishment and self-incrimination Article 14. Inviolability of the dignity of man and privacy of home; no torture for evidence Article 15. Freedom of movement Article 16. Freedom of assembly Article 17. Freedom of association Article 18. Freedom of trade, business or profession Article 19. Freedom of speech Article 19A. Right to information Article 20. Freedom to profess religion and manage religious institutions Article 21. Safeguard against taxation for the purposes of any particular religion Article 22. Safeguards on educational institutions in respect of religion Article 23. Property: citizens may acquire, hold and dispose of property Article 24. Protection of property rights: no compulsory acquisition except by law and for compensation Article 25. Equality of citizens before the law Article 25A. Right to education Article 26. Non-discrimination in access to public places Article 27. Safeguard against discrimination in services Article 28. Preservation of language, script and culture

Which courts are involved?

• Lahore High Court
• High Court of Sindh
• Peshawar High Court
• High Court of Balochistan
• Islamabad High Court
• Federal Constitutional Court of Pakistan
• Supreme Court of Pakistan

Which related terms should I know?

• Fundamental rights
• Jurisdiction

Constitution of Pakistan