Background
When Pakistan was created in 1947, its founders aimed to establish a country where people
would enjoy basic rights like equality, freedom, and justice. The Constitution of 1973,
Pakistan's most enduring legal framework, included a specific chapter on Fundamental Rights to
protect these ideals. Article 8 ensures that these rights are safeguarded by declaring any
inconsistent law or practice as invalid.
Explanation of Key Clauses
Clause (1): Laws inconsistent with Fundamental Rights are void
Any law, custom, or practice that goes against Fundamental Rights is invalid to the extent of
its inconsistency.
Example: If a law discriminates against women in employment opportunities, it would be
declared void because it violates the right to equality (Article 25).
Clause (2): The State cannot make laws that abridge Fundamental Rights
The government is forbidden from creating laws that take away or reduce these rights.
Example: If Parliament passes a law banning peaceful protests, it would be void
because it infringes on the freedom of assembly (Article 16).
Clause (3): Exceptions for certain laws
This clause lists situations where Article 8 does not apply.
(a) Laws for Armed Forces and police: Special rules can be made
to maintain discipline within these forces, even if they restrict
some rights.
Example: Soldiers may be restricted from forming unions or
protesting because discipline is critical to their duties.
(b) Pre-existing laws: Laws mentioned in the First Schedule (e.g.,
certain colonial-era laws) are temporarily protected even if
they conflict with Fundamental Rights.
Clause (4): Deadline for bringing old laws into conformity
The Constitution gave the government two years from its start
(in 1973) to update old laws that conflict with Fundamental
Rights. This deadline could be extended by six months if
approved by Parliament.
Example: Outdated colonial laws discriminating against specific communities needed to be
revised to align with modern rights.
Clause (5): Suspension of Fundamental Rights
Fundamental Rights cannot be suspended unless the Constitution specifically allows it. For
instance, during a state of emergency, some rights like freedom of movement might be
limited, but this can only happen as per constitutional provisions.
Historical Example
During the Emergency of 1977 in Pakistan, the government-imposed restrictions on freedom of
speech and assembly. Such actions could only be justified if the emergency was declared
according to the Constitution. If the government acted outside this framework, those
restrictions would be invalid under Article 8.
Why is Article 8 Important?
Protects citizens: Ensures that no one, not even the government, can unjustly take away
basic rights.
Checks state power: Prevents the government from passing oppressive laws.
Promotes justice: Ensures outdated or discriminatory laws are updated to reflect modern
values.
Article 9 of the Constitution of Pakistan
"No person shall be deprived of life or liberty save in accordance with law."
This article guarantees the right to life and personal liberty for every individual. In simpler
terms, it means that no one can harm or take away your life or freedom unless it is done legally
and for a justified reason under the law.
Background of Article 9
The right to life and liberty is considered one of the most
fundamental human rights worldwide. It is found in almost
every constitution and is also protected by international
human rights instruments like the Universal Declaration of
Human Rights (Article 3) and the International Covenant on
Civil and Political Rights (Article 6 and 9).
In Pakistan, this principle became part of the Constitution in
1973 to ensure that the state protects these rights and does
not act arbitrarily. It reflects the Islamic principle that life is sacred and must be safeguarded.
Key Points of Article 9
1. Right to Life:
o Life does not just mean physical existence. It includes the right to live with dignity,
access to basic necessities, and a safe environment.
o Example: A government policy leading to environmental damage that endangers
public health could be challenged under Article 9.
2. Right to Liberty:
o Liberty refers to personal freedom, meaning no one can be detained, arrested, or
imprisoned without a valid legal reason.
o Example: If someone is arrested without any charges or a fair trial, this would violate
Article 9.
3. "Save in accordance with law":
o This phrase ensures that any deprivation of life or liberty must strictly follow legal
procedures. Even the law itself must be just and fair.
o Example: A person sentenced to death must go through a proper trial and appeals
process. Arbitrary killings or "extrajudicial killings" by law enforcement would violate
this article.
Historical Context
In Pakistan, this right has been tested in several cases due to state actions like arbitrary arrests,
custodial deaths, and extrajudicial killings. Some notable incidents include:
1. The Missing Persons Issue:
o People allegedly detained by security forces without charges or trial violate Article 9.
Many such cases have been reported in Balochistan and Khyber Pakhtunkhwa.
o Families of these missing persons have often approached courts, and the judiciary
has emphasized adherence to this article.
2. Landmark Case – Shehla Zia v. WAPDA (1994):
o The Supreme Court expanded the definition of the right to life to include the right to
a clean and healthy environment. In this case, residents challenged the construction
of an electricity grid station near their homes, arguing it would harm their health.
The court ruled in their favor, emphasizing that life includes health and a safe
environment.
Examples of Violations
1. Extrajudicial Killings: When law enforcement agencies kill someone without trial or proper
investigation, it is a direct violation of Article 9.
Example: The killing of Naqeebullah Mehsud in Karachi by police led to public outrage and
legal action, citing violations of this right.
2. Illegal Detentions: If someone is detained without being informed of the charges or without
access to a lawyer, it violates their personal liberty.
Example: Cases of individuals held in secret facilities without trial or due process.
Why Article 9 is Important
Protects from State Abuse: It prevents the government or law enforcement from acting
arbitrarily or unlawfully.
Ensures Rule of Law: Actions that deprive life or liberty must follow legal procedures
and be justified by law.
Guarantees Dignity: Life includes living with dignity, access to justice, and protection
against harm.
Article 10: Safeguards as to Arrest and Detention
This article ensures that people's rights are protected when they are arrested or detained,
preventing abuse of power by authorities. It also sets rules for preventive detention, where a
person can be detained without trial in special situations.
Key Provisions Explained in Easy Words
1. Right to Know and Legal Help (Clause 1):
Anyone arrested must be told why they are being arrested as soon as possible.
They have the right to hire a lawyer of their choice for defense.
Example: If someone is arrested for theft, the police must tell them the reason and allow them
to contact a lawyer.
2. Produced Before a Magistrate (Clause 2):
A person cannot be kept in custody for more than 24 hours without being presented
to a magistrate.
They can only be detained longer if the magistrate approves.
Example: If someone is arrested at 10 a.m., they must be brought before a magistrate by 10
a.m. the next day.
3. Preventive Detention (Clause 3):
These rights do not apply if a person is detained under preventive detention laws,
used in cases of threats to national security, public order, or defense.
Example: A person suspected of planning a terrorist attack can be detained without immediate
trial.
4. Limits on Preventive Detention (Clause 4):
Preventive detention can only be for serious threats, such as harming Pakistan’s
security or public order.
A person cannot be detained for more than 3 months unless a Review Board (a
panel of judges) approves it after hearing the case.
After the first 3 months, the case must be reviewed every 3 months for continued
detention.
Example: A suspected spy can be detained for up to 3 months. If further detention is necessary,
the Review Board must justify it.
5. Right to Know Grounds for Detention (Clause 5):
The person detained must be informed of the reasons for their detention within 15
days.
Authorities can withhold certain sensitive information if it’s against public interest.
6. Review Board Oversight (Clause 6):
All case documents must be given to the Review Board unless the government says
it’s against public interest.
7. Time Limits on Detention (Clause 7):
Detention under preventive laws cannot exceed 8 months for public order-related
cases and 12 months for other cases.
Exceptions apply to people working for enemies or acting against Pakistan’s security.
8. Place of Detention and Family Support (Clause 8):
The Review Board decides where the person will be detained and ensures their
family gets financial support if needed.
9. Enemy Aliens (Clause 9):
These rights do not apply to foreign enemies detained during a conflict.
Background of Article 10
The article protects individuals' rights against arbitrary arrests and detentions, ensuring
fairness and justice. However, it acknowledges that preventive detention may sometimes be
necessary for national security or public safety. This balance reflects global practices and is
inspired by principles in international human rights laws like the Universal Declaration of
Human Rights (Article 9) and the ICCPR (Article 9).
Historical Context in Pakistan
During Martial Laws: Preventive detention laws were misused to silence political opponents
and activists.
Example: Many political leaders were detained without trial during military regimes,
violating their rights under this article.
Missing Persons: Cases of individuals detained without legal procedures, especially in
Balochistan and Khyber Pakhtunkhwa, have been criticized.
Examples of Application
1. Proper Arrest Procedure: If a person is arrested for a minor crime but kept in custody for
days without being presented to a magistrate, it violates Article 10.
2. Preventive Detention: If someone is suspected of planning an attack, they can be detained
under preventive detention laws. However, after 3 months, their case must be reviewed to
justify further detention.
Why Article 10 is Important
Ensures that arrests and detentions follow the law.
Protects individuals from abuse of power by law enforcement.
Balances individual rights with national security needs.
Provides legal oversight through magistrates and Review Boards.
This article safeguards personal liberty while allowing the state to act against serious threats
responsibly.
Article 10A: Right to Fair Trial
This article ensures that every person has the right to a fair trial and due process when facing
legal issues, whether they are civil disputes (like property cases) or criminal charges (like theft or
murder). It guarantees that justice is delivered in a lawful, unbiased, and transparent manner.
Fair Trial:
Everyone is entitled to a trial that is free from bias, with equal treatment under the law.
Both sides (accuser and accused) should be heard, and the decision should be based on
evidence.
Due Process:
Legal procedures must be followed step-by-step to ensure fairness.
Authorities cannot bypass the law or violate someone’s rights during investigations or trials.
Scope:
Applies to civil cases (e.g., disputes over property, contracts) and criminal cases (e.g., theft,
murder).
Ensures protection against arbitrary decisions or unfair treatment.
Background History
Global Inspiration:
Inspired by international human rights laws, including:
Universal Declaration of Human Rights (Article 10 and 11), which emphasize the right to a fair
and public hearing. International Covenant on Civil and Political Rights (Article 14), which
provides detailed guidelines for fair trials and due process. Pakistan added this right through the
18th Constitutional Amendment in 2010 to align with global standards.
Legal Evolution in Pakistan:
Before Article 10A, the Constitution guaranteed rights like protection from arbitrary arrest
(Article 10), but "fair trial" and "due process" were not explicitly mentioned.
The inclusion of Article 10A strengthened citizens’ legal protection, especially against misuse of
authority.
Examples
Criminal Case:
If someone is accused of theft, they have the right to:
Be informed of the charges.
Present evidence and call witnesses in their defense.
Have a trial conducted by an impartial judge.
Violation Example: Torturing a suspect to extract a confession violates the right to a fair trial and
due process.
Civil Case:
In a dispute over property ownership, both parties must have an equal opportunity to present
their case in court, and the decision should follow legal procedures.
Violation Example: If a judge decides the case without hearing one of the parties, it’s a violation
of Article 10A.
Misuse by Authorities:
Arresting someone without evidence, denying them access to a lawyer, or delaying their trial
unnecessarily violates this article.
Importance of Article 10A
Protects individuals from unfair treatment by ensuring justice is served transparently.
Prevents abuse of power by authorities or the judiciary.
Strengthens trust in the judicial system and rule of law.
Promotes accountability and fair decision-making.
By guaranteeing fair trials and due process, Article 10A is a cornerstone of justice in Pakistan’s
legal framework.
Article 11: Prohibition of Slavery, Forced Labour, and Child Exploitation
This article ensures the protection of human rights by banning slavery, forced labour, and
exploitation of children in hazardous work. It guarantees freedom, dignity, and safety for all
individuals in Pakistan.
Slavery is Forbidden (Clause 1):
Slavery in any form is completely outlawed in Pakistan. No law can allow or support the
reintroduction of slavery. For Example: Human trafficking or keeping people as unpaid, coerced
workers under someone’s control is illegal.
Forced Labour and Human Trafficking Prohibited (Clause 2):
Forced labour, where someone is made to work against their will, is banned. Trafficking of
humans, such as selling or exploiting people for labour or other purposes, is also prohibited. For
Example: Workers being forced to work on farms or factories without pay violates this law.
Child Labour in Hazardous Jobs Prohibited (Clause 3):
Children under 14 years cannot work in factories, mines, or any dangerous environments. This
protects children from physical harm and ensures their right to education. For Example:
Employing children in mines or chemical factories where their health is at risk is illegal.
Exceptions for Compulsory Service (Clause 4):
Some forms of compulsory work are allowed, such as:
Work assigned as punishment for a crime.
Work required by law for public purposes (e.g., military or emergency services).
However, such work must not be cruel or degrade human dignity.
Example: Prisoners may be required to do certain work as part of their rehabilitation, but it
must be fair and humane.
Background History
Global Influence:
Inspired by international movements against slavery and forced labour, such as the Universal
Declaration of Human Rights (Article 4) and the ILO Forced Labour Convention (1930). The
global abolition of slavery in the 19th and 20th centuries influenced Pakistan to incorporate
these protections.
In Pakistan:
Issues like bonded labour, child labour, and human trafficking have been prevalent, especially in
rural areas and industries like brick kilns and agriculture. The Bonded Labour System (Abolition)
Act, 1992 was introduced to combat bonded labour. Article 11 ensures constitutional protection
against such exploitation.
Examples of Violations and Protections
Bonded Labour:
A family forced to work on a landlord’s farm to pay off a debt, with no freedom to leave, violates
Article 11. The law protects workers by declaring such arrangements illegal.
Child Labour:
Employing children under 14 in hazardous industries like glass factories or mines violates this
article. Laws like the Employment of Children Act, 1991 protect children’s rights.
Human Trafficking:
Trafficking individuals for exploitation, like domestic servitude or forced marriage, is prohibited
under Article 11.
Exceptions:
A prisoner serving a sentence can legally be asked to perform labour (e.g., making handicrafts in
jail), but it must respect human dignity.
Importance of Article 11
Protects individuals from exploitation and promotes human dignity.
Ensures children’s safety and encourages education over labour.
Aligns Pakistan’s laws with international human rights standards.
Promotes equality and justice by eliminating inhumane practices like slavery and forced
labour.
This article is a cornerstone of human rights protection in Pakistan, striving for a society
free of exploitation and abuse.
Article 12: Protection against Retrospective Punishment
This article ensures that no one can be punished for an act that was not considered a crime at
the time it was committed. It also prevents the government from increasing penalties for past
crimes retroactively.
No Punishment for Past Acts (Clause 1a):
If an act was not a crime at the time it was committed, no law can later declare it a crime and
punish someone for it. Laws cannot work backward in time to penalize actions that were legal
earlier.
Example: If a certain type of speech was allowed in 2020, but a law in 2025 declares it illegal,
you cannot be punished for the speech made in 2020.
No Harsher Penalty for Past Crimes (Clause 1b):
If a crime was committed and had a specific penalty at the time, the penalty cannot be
increased later for that past crime.
Example: If theft in 2018 carried a maximum penalty of 3 years, and a 2025 law increases it to 5
years, the new penalty cannot apply to the 2018 theft.
Exception for Subversion of the Constitution (Clause 2):
This protection does not apply to acts that subvert or overthrow the Constitution. Such acts,
even if committed in the past, can be declared criminal and punished retroactively.
Example: If a military takeover occurred in 1977, a later law can declare such actions illegal and
punish those responsible.
Background History
Global Principle:
This protection is rooted in international legal principles, like those in Article 15 of the
International Covenant on Civil and Political Rights (ICCPR). It ensures fairness and prevents
misuse of power by governments to punish people retroactively.
In Pakistan:
The provision reflects the importance of stability in the legal system, ensuring that laws are not
used as tools of oppression or revenge. The exception for subversion of the Constitution
highlights Pakistan's history of military coups and unconstitutional actions, ensuring
accountability for such acts.
Examples of Violations and Compliance
Retrospective Punishment Prohibited:
Violation: A new law banning online criticism of the government is introduced in 2025.
Punishing someone for a critical post made in 2024 would violate Article 12.
Compliance: The law can only apply to actions taken after it is enacted.
Harsher Penalties Prohibited:
Violation: A person sentenced to 2 years for a crime in 2019 cannot have their sentence
increased retroactively to 4 years after a law change in 2022.
Compliance: The penalty at the time of the crime remains applicable.
Exception for Constitutional Subversion:
Example: If someone abrogated the Constitution during a military coup in 1980, they can be
punished by a later law, even if no penalty existed at that time.
Importance of Article 12
Protects individuals from unfair and arbitrary punishment.
Prevents governments from abusing power by creating retroactive laws.
Ensures the legal system operates with stability and fairness.
Balances individual rights with accountability for actions that harm the nation, like
overthrowing the Constitution.
This article is vital for maintaining trust in the justice system and preventing misuse of
legislative power.
Article 13: Protection against Double Punishment and Self-Incrimination
No Double Punishment (Clause a):
A person cannot be prosecuted or punished twice for the same crime. This protects against
repeated legal actions for the same offense once the matter has been resolved.
Example: If someone is tried and acquitted for theft, they cannot be tried again for the same
theft later.
No Self-Incrimination (Clause b):
A person accused of a crime cannot be forced to testify against themselves or provide evidence
that could prove them guilty. This ensures fairness and protects individuals from being
compelled to harm themselves legally.
Example: During a trial, an accused cannot be forced to admit guilt under pressure or
questioning.
Background History:
This article is based on the principles of natural justice and the rule of law. It aligns with
international legal standards, such as Article 14(7) of the ICCPR, which prohibits double
jeopardy, and the Fifth Amendment of the U.S. Constitution, which includes protections against
self-incrimination.
Article 14: Inviolability of Dignity and Prohibition of Torture
Dignity and Privacy (Clause 1):
Every person has the right to dignity and respect. The privacy of one’s home cannot be violated
without lawful reasons.
Example: Unauthorized searches or intrusions into someone’s home violate this clause.
No Torture for Evidence (Clause 2):
Torturing someone to force them to confess or provide evidence is strictly prohibited. This
ensures humane treatment and fair trials.
Example: Police cannot physically harm a suspect to make them admit to a crime.
Background History:
The principle of human dignity is central to Islamic teachings and international human rights
laws, such as Article 1 of the Universal Declaration of Human Rights (UDHR). Prohibitions on
torture align with the Convention Against Torture (1984), to which Pakistan is a signatory. In
Pakistan's history, misuse of state power for forced confessions or violations of privacy led to
the inclusion of this article for protection.
Examples
Double Punishment Violation:
If someone is convicted and sentenced for a crime, trying them again in a different court for the
same offense violates Article 13(a).
Self-Incrimination Violation:
Forcing an accused person to confess under threat or pressure violates Article 13(b).
Privacy Violation:
Raiding someone’s home without a valid warrant or lawful reason violates Article 14(1).
Torture Violation:
Using physical or mental torture during police investigations violates Article 14(2) and makes the
evidence inadmissible in court.
Importance of These Articles
Article 13 ensures fairness in the judicial process, preventing abuse of legal systems like
repeated trials or forced confessions.
Article 14 guarantees respect for human dignity and humane treatment, safeguarding
individuals from state overreach.
These articles collectively promote a justice system that respects individual rights and upholds
the principles of fairness, dignity, and humanity.
Article 15: Freedom of Movement
Every citizen of Pakistan has the right to travel, live, and settle anywhere in the country.
However, this freedom can be limited by law if it’s necessary for public safety or in the public
interest.
Examples:
Allowed: You can move freely from Karachi to Lahore or settle in Islamabad without any
restrictions.
Restricted: During a health emergency, such as an outbreak, movement might be restricted in
certain areas for public safety.
Background History:
The right to freedom of movement is a fundamental human right recognized globally, as per
Article 13 of the Universal Declaration of Human Rights (UDHR). Historically, colonial regimes
imposed movement restrictions on citizens for control. After independence, this right was
incorporated to ensure individual liberty.
Article 16: Freedom of Assembly
Every citizen has the right to gather peacefully without weapons. This right can be restricted by
law if the gathering might disturb public order or safety.
Examples:
Allowed: Holding a peaceful protest about education reforms in a public park.
Restricted: A rally near sensitive government buildings or one that promotes violence could be
prohibited.
Background History:
Freedom of assembly is a core democratic value, ensuring citizens can voice their concerns
collectively. It aligns with Article 20 of the UDHR and is crucial for ensuring accountability in
governance. Restrictions ensure balance between individual rights and public order, especially
in contexts like political unrest or security threats.
Importance of Articles 15 and 16
Protection of Liberty:
Citizens can move and gather freely, promoting social, political, and economic participation.
Balance of Rights and Order:
Reasonable restrictions ensure public safety while allowing peaceful exercise of rights.
Examples from Pakistan’s Context
Freedom of Movement:
Example: People traveling freely for job opportunities across provinces.
Restriction: Imposing curfews during riots or emergencies.
Freedom of Assembly:
Example: Peaceful marches on climate change or women’s rights.
Restriction: Banning protests near high-security zones like Parliament to avoid chaos.
These articles protect individual freedoms while maintaining societal order and security.
Article 17: Freedom of Association
Right to Form Associations or Unions (Clause 1):
Every citizen has the right to form groups, organizations, or unions. However, this right can be
limited by law to protect: The sovereignty or unity of Pakistan. Public order or morality.
Example: Workers can form labor unions to protect their rights, but groups promoting hate or
violence may be restricted.
Right to Join Political Parties (Clause 2):
Citizens who are not government employees can join or create political parties. This right can
also be restricted if the activities of a political party are harmful to the country’s sovereignty or
unity. If the government believes a political party is harmful, it must refer the issue to the
Supreme Court within 15 days. The Court’s decision on the matter is final.
Example:
Allowed: Citizens forming a political party to advocate for education reforms.
Restricted: Banning a party that promotes rebellion or works against national integrity.
Transparency of Political Party Funds (Clause 3):
Political parties must disclose the sources of their funding, as required by law. This ensures
transparency and prevents foreign or illegal influence in politics.
Background History:
The right to form associations is a fundamental democratic principle recognized globally, as per
Article 20 of the Universal Declaration of Human Rights (UDHR). In Pakistan’s history, this article
ensures citizens can collectively express their views and participate in governance while
maintaining the country’s stability. Restrictions on harmful associations or parties ensure
national security and prevent misuse of this right.
Examples from Pakistan:
Right to Form Unions:
Allowed: Employees of a factory forming a union to negotiate wages.
Restricted: Banning a union that incites violence or disrupts public order.
Political Party Regulation:
Allowed: Citizens forming political parties for peaceful political reforms.
Restricted: Action against parties like those promoting terrorism or foreign agendas.
Transparency of Funds:
Law requires political parties to disclose funding sources to prevent illegal financing or
corruption.
Importance of Article 17:
Promotes Democracy:
Encourages collective action and participation in governance.
Maintains National Security:
Ensures that associations or parties do not harm Pakistan’s sovereignty or unity.
Ensures Fair Politics:
Transparency in political funding builds trust in the political system.
This article strikes a balance between individual freedoms and the country’s stability, fostering a
healthy democratic environment.
Article 18: Freedom of Trade, Business, or Profession
Right to Work in Any Lawful Field:
Every citizen has the right to choose any lawful profession, occupation, trade, or business.
Regulations and Conditions:
This freedom can be regulated to ensure fairness, safety, and public interest. The government
can impose certain requirements, such as licenses, qualifications, or permits, for specific
professions or businesses.
Exceptions:
(a) Certain trades or professions may require regulation through a licensing system, e.g., doctors
need medical licenses.
(b) The government can regulate industries to ensure free competition and prevent monopolies.
(c) The government may run certain businesses or industries exclusively, either partially or fully,
to serve public interest (e.g., public utilities like water supply or railways).
Examples:
Allowed:
Opening a shop, starting a private business, or pursuing a profession like law or engineering.
Regulation: A driver must have a valid license to operate a commercial vehicle.
Restricted:
Running illegal activities like smuggling or drug trade.
Certain businesses, such as weapon manufacturing, may require government approval.
Government-Run Services:
Pakistan Railways and WAPDA (electricity distribution) are examples of industries managed by
the government.
Background History:
The principle of economic freedom is recognized worldwide and aligns with Article 23 of the
Universal Declaration of Human Rights (UDHR), which emphasizes the right to work and choose
one's occupation. In colonial times, trade was heavily regulated to benefit the ruling powers.
Post-independence, Pakistan ensured economic freedom for its citizens but balanced it with
necessary regulations to protect public interest and economic stability.
Importance of Article 18:
Promotes Economic Freedom:
Citizens have the liberty to pursue careers and businesses of their choice, encouraging
entrepreneurship and innovation.
Ensures Fairness:
Licensing and regulations prevent malpractice and ensure quality in professions like medicine
and law.
Public Interest:
Government control over essential industries ensures accessibility and fairness in services like
electricity or public transport.
Conclusion:
Article 18 protects the right to economic freedom while allowing the government to regulate
and manage certain sectors for the greater good. It strikes a balance between individual liberty
and societal needs, fostering a stable and fair economic environment.
Article 19: Freedom of Speech and Expression
Every citizen has the right to express their opinions and share ideas freely. The press also has
the right to report and share news. However, this freedom is not unlimited and can be restricted
by law to ensure:
Respect for Islam.
The integrity, security, or defense of Pakistan.
Friendly relations with other countries.
Public order, decency, or morality.
Avoiding contempt of court or incitement to commit crimes.
Examples:
Allowed:
A person sharing their views on government policies in a peaceful manner.
Media reporting issues of public interest like corruption or governance.
Restricted:
Spreading hate speech or content that insults religion.
Publishing fake news that could harm public order.
Spreading hate speech or content that insults religion.
Publishing fake news that could harm public order.
Statements that threaten national security or incite violence.
Article 19A: Right to Information
Every citizen has the right to access information on matters of public importance. However, this
access can be regulated or limited if necessary, such as for reasons of national security or
privacy.
Examples:
Allowed:
A citizen requesting information about a government project’s budget.
Accessing official documents to ensure transparency in public policies.
Restricted:
Denying access to information related to national defense or sensitive security
operations.
Personal information of individuals that could violate their privacy.
Background and Importance:
Freedom of Speech is a fundamental democratic right recognized globally, such as in
Article 19 of the Universal Declaration of Human Rights (UDHR).
The Right to Information enhances transparency, accountability, and citizen participation
in governance.
Key Points:
Freedom of Speech encourages open discussion and debate, essential for a healthy democracy,
but must be balanced to avoid harm. Right to Information ensures transparency, empowering
citizens to hold officials accountable. These articles safeguard individual expression and ensure
an informed society while maintaining respect for national security, morality, and public order
Article 20: Freedom to Profess Religion and Manage Religious Institutions
Every citizen and religious group has the right to:
Practice Their Religion: Believe in, worship, and follow the teachings of their faith.
Share Their Beliefs: Spread their religion peacefully, without forcing others.
Manage Religious Institutions: Build and maintain places of worship (e.g., mosques,
churches, temples) and run their religious organizations, such as schools or charities.
This freedom is subject to certain limits to ensure public order, morality, and compliance with
the law.
Examples:
Allowed:
A Christian opening a church or conducting prayers.
A Muslim community organizing religious events like Eid prayers.
A Hindu group building and maintaining a temple.
Restricted:
Forcing someone to convert to a particular religion.
Preaching hatred or inciting violence against other religions.
Using religious institutions for illegal activities.
Background and Importance:
Freedom of religion is a fundamental human right, recognized internationally, including in
Article 18 of the Universal Declaration of Human Rights (UDHR). In Pakistan, where people of
different religions live, Article 20 ensures peaceful coexistence and religious harmony.
Key Points:
Every citizen can follow and share their religion. Religious communities can manage their
institutions without interference, as long as they follow the law. Freedom of religion cannot be
used to harm public peace, morality, or the rights of others. This article protects religious
freedom while maintaining social harmony and lawfulness.