8/2/2013
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1. Introduction:
Fundamental rights are the basic rights of the citizens. In the constitution of 1973 the list of
fundamental right has been given and it has also been clarified that any law repugnant to these
fundamental rights will be considered null and void. Every democratic state recognizes the
fundamental rights of its citizens.
2. Relevant provisions
Articles 8-28
3. Objective resolution as part of the constitution:
The principles and provisions set out in the objectives resolution, objectives resolution are
substantive part of the present constitution of Islamic republic of Pakistan. The scope of the
constitutional law in Pakistan can only be determined by objective resolution. The objective
resolution is called magna cart of the present constitution.
4. Fundamental Right in the constitution 1973:
Following are the important fundamental right in accordance with the constitution.
(i) Security of person:
According to the constitution no person shall be deprived of life of liberty.
(ii) Prohibition of slavery and forced labour:
Slavery is forbidden and all from of forced labour are prohibited.
(iii) Protection against retrospective punishment:
Under the constitution no law, shall authorize the punishment of a person for an act or omission
that was not punishable by law at the time of act or omission.
(iv) Safeguards in case of arrest and detention:
Every person who is arrested and detained in custody shall be produced before a Magistrate
within a period of twenty four hours of his arrest.
(i) As to a source:
Fundamental rights are available under the constitution.
Ordinary rights are granted by the ordinary law.
(ii) As to scope:
Scope of fundamental rights is wider.
Ordinary rights have less scope.
(iii) As to enforceability:
Fundamental rights are enforceable even against the government.
Ordinary or rights are not enforceable against the govt.
8. Remedies for the enforcement of fundamental right:
Constitution remedy has been provided for the enforcement of fundamental rights. These rights
are enforceable by the high court and Supreme Court of Pakistan.
9. Conclusion:
To conclude I can say that fundamental rights are part and parcel of the constitutional law. There
can be no democratic constitution without it. In the constitution of 1973 fundamental rights have
been given. The fundamental rights safeguard the liberty and rights of the people. The
fundamental rights cannot be suspended without applying constitutional methods.