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8
| Laws inconsistent with or in derogation of fundamental rights to be void.
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(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.
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(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.
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(3)
|
The provisions of this Article shall not apply to :-
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(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
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16[
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(b)
|
any of the:-
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(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;
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(ii)
|
other laws specified in Part I of
the First Schedule;
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] 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.
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(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.
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(5)
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The rights conferred by this Chapter shall not be
suspended except as expressly provided by the Constitution.
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9
| Security of person.
No person shall be deprived of life or liberty save in
accordance with law. |
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10
| Safeguards as to arrest and detention
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(1)
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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.
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(2)
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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.
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(3)
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Nothing in clauses (1) and (2) shall apply to any
person who is arrested or detained under any law providing for
preventive detention.
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(4)
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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:-
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(i)
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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
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(ii)
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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.
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Explanation-II: The opinion of a Review Board shall
be expressed in terms of the views of the majority of its members.
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(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.
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(6)
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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.
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(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.
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(8)
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The appropriate Review Board shall determine the place
of detention of the person detained and fix a reasonable
subsistence allowance for his family.
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(9)
|
Nothing in this Article shall apply to any person who
for the time being is an enemy alien.
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11
| Slavery, forced labour, etc. prohibited
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(1)
|
Slavery is non-existent and forbidden and no law shall
permit or facilitate its introduction into Pakistan in any form.
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(2)
|
All forms of forced labour and traffic in human beings
are prohibited.
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(3)
|
No child below the age of fourteen years shall be
engaged in any factory or mine or any other hazardous employment.
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(4)
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Nothing in this Article shall be deemed to affect
compulsory service:-
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(a)
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by any person undergoing punishment for an
offence against any law; or
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(b)
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required by any law for public purpose provided
that no compulsory service shall be of a cruel nature or
incompatible with human dignity.
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12
| Protection against retrospective punishment
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(1)
|
No law shall authorize the punishment of a person:-
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(a)
|
for an act or omission that was not punishable
by law at the time of the act or omission; or
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(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.
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(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.
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13
| Protection against double punishment and self incrimination.
No person:-
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(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.
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14
| Inviolability of dignity of man, etc.
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(1)
|
The dignity of man and, subject to law, the privacy of
home, shall be inviolable.
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(2)
|
No person shall be subjected to torture for the
purpose of extracting evidence.
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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. |
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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. |
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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)
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the regulation of any trade or profession by a
licensing system; or
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(b)
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the regulation of trade, commerce or industry in
the interest of free competition therein; or
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(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.
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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. |
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20
| Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
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(a)
|
every citizen shall have the right to profess,
practice and propagate his religion; and
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(b)
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every religious denomination and every sect thereof
shall have the right to establish, maintain and manage its religious
institutions.
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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. |
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|
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.
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|
(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.
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|
(3)
|
Subject to law:
|
(a)
|
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; and
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(b)
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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.
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(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.
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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. |
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24
| Protection of property rights.
|
(1)
|
No person shall be compulsorily deprived of his
property save in accordance with law.
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(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.
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|
(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
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(b)
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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
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(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
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|
(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
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|
(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
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|
(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
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|
(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.
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|
(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.
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25
| Equality of citizens.
|
(1)
|
All citizens are equal before law and are entitled
to equal protection of law.
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| |
|
(2)
|
There shall be no discrimination on the basis of
sex 35[] 35.
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|
(3)
|
Nothing in this Article shall prevent the State from
making any special provision for the protection of women and
children.
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|
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.
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|
(2)
|
Nothing in clause (1) shall prevent the State from
making any special provision for women and children.
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|
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:
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
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| |
|
(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.
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|
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. |
| |
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
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| |
|
(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 |
| |
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.
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| |