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Thread: Q. What do you understand by fundamental right?

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    Word Icon 35px Jpg.ashx Q. What do you understand by fundamental right?

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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.
    (v) Protection against double punishment and self incrimination:
    No person Shall be prosecuted or punished for the same offence more than once or shall be compelled to give witness against himself.
    (vi) Freedom of movement:
    Every citizen of Pakistan shall have the freedom of movement through Pakistan.
    (vii) Freedom of Association:
    Every citizen in Pakistan has right to form associations or unions provided that such steps are taken with in the limits.
    (viii) Freedom of Assembly:
    Every citizen shall have freedom to assemble peacefully and without arms, subject to any reasonable restitution imposed by law in interest of public order.
    (ix) Freedom of trade, business and profession:
    Every citizen of Pakistan shall have right to enter upon any lawful profession or occupation or conduct any lawful business.
    (x) Freedom of Speech:
    Every citizen of Pakistan shall have freedom of speech as well as expression. freedom of speech and expression is the major fundamental right of the people of Pakistan.
    (xi) Freedom of Religion:
    Every citizen of Pakistan shall have right to profess, practise and propagate his religion.
    (xii) Safeguard against religious taxes:
    No person shall be compelled to pay any special tax for the support of propaganda of the religion other than his own.
    (xiii) Inviolability of dignity of Man:
    The dignity of man and subject to law the privacy of home, shall be inviolable.
    (xiv) Political freedom:
    Every citizen of Pakistan not being in the service of Pakistan shall have right to from or be member of a political party.
    (xv) Safeguards as the educational institution in respect of Religion:
    Every religious community will be free to educate its pupils in its own religion. every religious sect has right to establish its own educational institutions.
    (xvi) Equality of citizen:
    All citizens are equal before law and are entitled to equal protection of law. there is no discrimination on the basis of race, religion, caste and sex.
    (xvii) Freedom to acquire property:
    Every citizen has right to acquire, hold and dispose of property.
    (xviii) Protection of property rights:
    The constitution of Pakistan 1973, provides safeguards to property rights. no person will be deprived of his property save in accordance with law.
    (xix) Right access to public places:
    Every citizen of Pakistan has to access to public places.
    (xx) Right to job:
    Right to job is the fundamental right of the citizen of Pakistan.
    (xxi) Right of language and culture:
    Under the constitution national language of Pakistan is Urdu but any section of citizen having distinct language script or culture shall have the right to preserve and promote the same and establish institution for the purpose.
    5. Nature of fundamental rights:
    The fundamental rights are not absolute. although the fundamental rights are given by the constitution but it is does not mean uncontrolled liberty.
    6. Can fundamental rights be suspended:
    When state itself is in danger the fundamental right can be suspended because fundamental rights have no real meaning. if the state itself is in danger.
    7. Difference between fundamental rights and ordinary rights:
    (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. theses 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 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 can not be suspended without applying constitutional methods.

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