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Go to: ----Part II: Chapter 1: Fundamental Rights - [Articles 8-28]

Part II: Fundamental Rights and Principles of Policy

7 Definition of the State
In this Part, unless the context otherwise requires, "the State" means the Federal Government,
15[Majlis-e-Shoora (Parliament)] 15, a Provincial Government, a Provincial Assembly, and such
local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

Chapter 1: Fundamental Rights

8 Laws inconsistent with or in derogation of fundamental rights to be void.
(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with
the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights so conferred and
any law made in contravention of this clause shall, to the extent of such contravention, be
void.

(3) The provisions of this Article shall not apply to :-

(a) any law relating to members of the Armed Forces, or of the police or of such other
forces as are 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; or
16[

(b) any of the:-

(i) laws specified in the First Schedule as in force immediately before the
commencing day or as amended by any of the laws specified in that Schedule;
(ii) other laws specified in Part I of the First Schedule;
] 16 and no such law nor any provision thereof shall be void on the ground that such law or
provision is inconsistent with, or repugnant to, any provision of this Chapter.

(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two
years from the commencing day, the appropriate Legislature shall bring the laws specified
in 18[Part II of the First Schedule] 18 into conformity with the rights conferred by this
Chapter:

Provided that the appropriate Legislature may by resolution extend the said
 period of two years by a period not exceeding six months.

Explanation:- If in respect of any law 19[Majlis-e-Shoora (Parliament)] 19 is

the appropriate Legislature, such resolution shall be a resolution of the
National Assembly.

(5) The rights conferred by this Chapter shall not be suspended except as expressly provided
by the Constitution.

9 Security of person.
No person shall be deprived of life or liberty save in accordance with law.

10 Safeguards as to arrest and detention

(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 a 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 nearest 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 who is arrested or detained under
any law providing for preventive detention.

(4) No law providing for preventive detention shall be made except to deal with persons acting
in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof,
or external affairs of Pakistan, or public order, or the maintenance of supplies or services,
and no such law shall authorise the detention of a person for a period exceeding 20[three
months] 20 unless the appropriate Review Board has, after affording him an opportunity of
being heard in person, reviewed his case and reported, before the expiration of the said
period, that there is, in its opinion, sufficient cause for such detention, and, if the detention
is continued after the said period of 21[three months] 21, unless the appropriate Review
Board has reviewed his case and reported, before the expiration of each period of three
months, that there is, in its opinion, sufficient cause for such detention.

Explanation-I: In this Article, "the appropriate Review Board" means:-

(i) in the case of a person detained under a Federal law, a Board appointed by
the Chief Justice of Pakistan and consisting of a Chairman and two other
persons, each of whom is or has been a Judge of the Supreme Court or a
 High Court; and
(ii) in the case of a Person detained under a Provincial law, a Board appointed
by the Chief Justice of the High Court concerned and consisting of a
Chairman and two other persons, each of whom is or has been a Judge of
a High Court.

Explanation-II: The opinion of a Review Board shall be expressed in terms of

the views of the majority of its members.

(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, 22[within fifteen days] 22 from
such detention, 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.

(6) The authority making the order shall furnish to the appropriate Review Board all
documents relevant to the case unless a certificate, signed by a Secretary to the
Government concerned, to the effect that it is not in the public interest to furnish any
documents, is produced.

(7) Within a period of twenty-four months commencing on the day of his first detention in
pursuance of an order made under a law providing for preventive detention, no person shall
be detained in pursuance of any such order for more than a total period of eight months in
the case of a person detained for acting in a manner prejudicial to public order and twelve
months in any other case:

Provided that this clause shall not apply to any person who is employed by, or
works for, or acts on instructions received from, the enemy 23[or who is acting
or attempting to act in a manner prejudicial to the integrity, security or defence
of Pakistan or any part thereof or who commits or attempts to commit any act
which amounts to an anti-national activity as defined in a Federal law or is a
member of any association which has for its objects, or which indulges in, any
such anti-national activity] 23.

(8) The appropriate Review Board shall determine the place of detention of the person detained
and fix a reasonable subsistence allowance for his family.

(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.
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24[

10A. Right to fair trial:

For the determination of his civil rights and obligations or in any criminal charge against him
a person shall be entitled to a fair trial and due process.

] 24
11 Slavery, forced labour, etc. prohibited
(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction
into Pakistan in any form.

(2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of fourteen years shall be engaged in any factory or mine or any
other hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service:-

(a) by any person undergoing punishment for an offence against any law; or
(b) required by any law for public purpose provided that no compulsory service shall be of
a cruel nature or incompatible with human dignity.

12 Protection against retrospective punishment

(1) No law shall authorize the punishment of a person:-
(a) for an act or omission that was not punishable by law at the time of the act or
omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the penalty
prescribed by law for that offence at the time the offence was committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or
subversion of a Constitution in force in Pakistan at any time since the twenty-third day of
March, one thousand nine hundred and fifty-six, an offence.

13 Protection against double punishment and self incrimination.

No person:-
(a) shall be prosecuted or punished for the same offence more than once; or
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 (b) shall, when accused of an offence, be compelled to be a witness against himself.

14 Inviolability of dignity of man, etc.

(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

15 Freedom of movement, etc.

Every citizen shall have the right to remain in, and, subject to any reasonable restriction
imposed by law in the public interest, enter and move freely throughout Pakistan and to reside
and settle in any part thereof.

16 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.

25[

17. Freedom of association:

(1) Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public
order or morality.

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a
member of a political party, subject to any reasonable restrictions imposed by law in the
interest of the sovereignty or integrity of Pakistan and such law shall provide that where
the Federal Government declares that any political party has been formed or is operating in
a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government
shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose
decision on such reference shall be final.

(3) Every political party shall account for the source of its funds in accordance with law.

] 25
18 Freedom of trade, business or profession.
Subject to such qualifications, if any, as may be prescribed by law, every citizen 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:-

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 (a) the regulation of any trade or profession by a licensing system; or
(b) the regulation of trade, commerce or industry in the interest of free competition
therein; or
(c) the carrying on, by the Federal Government 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.

19 Freedom of speech, etc.

Every citizen shall have the right to freedom of speech and expression, and there shall be
freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the
glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly
relations with foreign States, public order, decency or morality, or in relation to contempt of
court, 33[commission of] 33 or incitement to an offence.

34[

19A. Right to information:

Every citizen shall have the right to have access to information in all matters of public
importance subject to regulation and reasonable restrictions imposed by law.

] 34
20 Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
(a) every citizen shall have the right to profess, practice and propagate his religion; and
(b) every religious denomination and every sect thereof shall have the right to establish,
maintain and manage its religious institutions.

21 Safeguard against taxation for purposes of any particular religion.

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.

22 Safeguards as to educational institutions in respect of religion, etc.

(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) 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.

(3) Subject to law:

(a) no religious community or denomination shall be prevented from providing religious
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 instruction for pupils of that community or denomination in any educational institution
maintained wholly by that community or denomination; and
(b) 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.

(4) Nothing in this Article shall prevent any public authority from making provision for the
advancement of any socially or educationally backward class of citizens.

23 Provision as to property.
Every citizen shall have the right to acquire, hold and dispose of property in any part of
Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the
public interest.

24 Protection of property rights.

(1) No person shall be compulsorily 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 and the manner in
which compensation is to be determined and given.

(3) Nothing in this Article shall affect the validity of :-

(a) any law permitting the compulsory acquisition or taking possession of any property for
preventing danger to life, property or public health; or
(b) any law permitting the taking over of any property which has been acquired by, or
come into the possession of, any person by any unfair means, or in any manner,
contrary to law; or
(c) any law relating to the acquisition, administration or disposal of any property which is
or is deemed to be enemy property or evacuee property under any law (not being
property which has ceased to be evacuee property under any law); or
(d) any law providing for the taking over of the management of any property by the State
for a limited period, either in the public interest or in order to secure the proper
management of the property, or for the benefit of its owner; or
(e) any law providing for the acquisition of any class of property for the purpose of
(i) providing education and medical aid to all or any specified class of citizens or
(ii) providing housing and public facilities and services such as roads, water supply,
sewerage, gas and electric power to all or any specified class of citizens; or
(iii) providing maintenance to those who, on account of unemployment, sickness,
infirmity or old age, are unable to maintain themselves ; or
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 (f) any existing law or any law made in pursuance of Article 253.

(4) The adequacy or otherwise of any compensation provided for by any such law as is referred
to in this Article, or determined in pursuance thereof, shall not be called in question in any
court.

25 Equality of citizens.
(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex 35[] 35.

(3) Nothing in this Article shall prevent the State from making any special provision for the
protection of women and children.

36[

25A. Right to education:

The State shall provide free and compulsory education to all children of the age of five to
sixteen years in such manner as may be determined by law.

] 36
26. Non-discrimination in respect of access to public places.
(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, residence or place of birth.

(2) Nothing in clause (1) shall prevent the State from making any special provision for women
and children.

27. Safeguard against discrimination in services.

(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 not exceeding 37[forty] 37 years from the
commencing day, posts may be reserved for persons belonging to any class or
area to secure their adequate representation in the service of Pakistan:
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 Provided further that, in the interest of the said service, specified posts or
services may be reserved for members of either sex if such posts or services
entail the performance of duties and functions which cannot be adequately
performed by members of the other sex 39[:] 39

40[Provided also that under-representation of any class or area in the service

of Pakistan may be redressed in such manner as may be determined by an Act
of Majlis-e-Shoora (Parliament).] 40

(2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other
authority in a Province, from prescribing, in relation to any post or class of service under
that Government or authority, conditions as to residence in the Province. for a period not
exceeding three years, prior to appointment under that Government or authority.

28 Preservation of language, script and culture.

Subject to Article 251 any section of citizens having a distinct language, script or culture shall
have the right to preserve and promote the same and subject to law, establish institutions for
that purpose.

Notes
15 Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985),
Sch. item 1 (with effect from March 2, 1985) for "Parliament".
16 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect
from November 21, 1975) for :

(b) any of the laws specified in the First Schedule as in force immediately before the
commencing day 17[or as amended by any of the laws specified in that
Schedule] 17;

17 Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 3 (with effect from
May 4, 1974).
18 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect
from November 21, 1975) for "the First Schedule, not being a law which relates to, or is connected
with, economic reforms".
19 Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985),
Sch. item 1 (with effect from March 2, 1985) for "Parliament".
20 Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect
from February 13, 1975) for "one month".
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21 Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect
from February 13, 1975) for "one month".
22 Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect
from February 13, 1975) for "as soon as may be, but not later than one week".
23 Inserted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from
February 13, 1975).
24 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 5 (with effect from April 19,
2010).
25 Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April
19, 2010) for :

17 Freedom of association.
(1) Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interest of 26[sovereignty or
integrity of Pakistan, public order or morality] 26.

27[

(2) Every citizen, not being in the service of Pakistan, shall have the right to form
or be a member of a political party, subject to any reasonable restrictions
imposed by law in the interest of the sovereignty or integrity of Pakistan 28[or
public order] 28and such law shall provide that where the Federal Government
declare that any political party has been formed or is operating in a manner
prejudicial to the sovereignty or integrity of Pakistan 29[or public order] 29, the
Federal Government shall, within fifteen days of such declaration, refer the
matter to the Supreme Court whose decision on such reference shall be
final 30[:] 30

31[Provided that no political party shall promote sectarian, ethnic,

regional hatred or animosity, or be titled or constituted as a
militant group or section.] 31

(3) Every political party shall account for the source of its funds in accordance
with law.

] 27 32[
(4) Every political party shall, subject to law, hold intra-party elections to elect its
office-bearers and party leaders.

] 32
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26 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 3 (with effect
from November 21, 1975) for "morality or public order".
27 Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 4 (with effect
from May 4, 1974) for :

(2) Every citizen not being in the service of Pakistan shall have the right to form or be
a member of a political party. Every political party shall account for the source of
its funds in accordance with law.

28 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article
3(1), Sch. item 1(a) (with effect from August 21, 2002).
29 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article
3(1), Sch. item 1(a) (with effect from August 21, 2002).
30 Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article
3(1), Sch. item 1(b) (with effect from August 21, 2002) for ".".
31 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article
3(1), Sch. item 1(b) (with effect from August 21, 2002).
32 Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article
3(1), Sch. item 2 (with effect from August 21, 2002).
33 Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 4 (with effect
from November 21, 1975) for "defamation".
34 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19,
2010).
35 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 8 (with
effect from April 19, 2010) : "alone".
36 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 9 (with effect from April 19,
2010).
37 Substituted by Constitution (Sixteenth Amendment) Act, 1999 (6 of 1999), Article 2 (with

effect from August 5, 1999) for " 38[twenty] 38".

38 Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985),
Sch. item 4 (with effect from March 2, 1985) for "ten".
39 Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from
April 19, 2010) for ".".
40 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April
19, 2010).

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