Definition Of State
In this section, “State” means the Federal Government, Parliament, Provincial Governments, Provinces, Provincial Assemblies and other authorities in Pakistan having the legal power to impose taxes or fees.
Introduction To Fundamental Right
Fundamental rights are basic rights and freedoms that are recognized and guaranteed to individuals in society. They are considered necessary for human dignity, freedom and the development of a fair and just society. In Pakistan, fundamental rights are enshrined in Part II of the Constitution, which consists of Articles 8 to 28. These rights are intended to protect the autonomy of the individual, ensure equality and protection against discrimination and injustice.
Some of the key fundamental rights guaranteed by the Constitution of Pakistan are as follow :
Right to Life, Liberty and Personal Security:
Article 9 of the Constitution protects the right to life and states that no one shall be deprived of life except in accordance with the law. It also guarantees an individual’s right to personal liberty and security and prohibits arbitrary arrest or detention.
Freedom of Speech and Expression:
Article 19 guarantees freedom of speech, freedom of the press and the right to information. It allows individuals to express their views, thoughts and ideas without fear of censorship or retribution and promotes a vibrant and informed society.
Freedom of Religion:
Article 20 protects freedom of religion and allows individuals to freely practice and profess their religion. It secures the rights of religious minorities and ensures their protection and equality before the law.
Right to Equality:
Articles 25 and 26 establish the right to equality before the law and prohibit discrimination based on race, religion, caste, sex or place of birth. They ensure equal treatment and opportunities for all citizens in order to create a fair and inclusive society.
Protection from Torture and Cruel, Inhuman or Degrading Treatment:
Article 14 prohibits torture and cruel, inhuman or degrading treatment or punishment. It ensures the physical and mental well-being of individuals and prevents any form of mistreatment or abuse.
Right to a Fair Trial:
Article 10 guarantees the right to a fair trial, which includes the right to legal representation, access to justice and a competent and impartial judiciary. It ensures that individuals accused of a crime are given due process and an opportunity to present their case.
Right to Privacy:
Although not specifically mentioned in the Constitution, the Supreme Court of Pakistan has recognized the right to privacy as a fundamental right. It protects individuals from unauthorized interference in their personal lives and communications.
Right to Education:
Article 25-A recognizes the right to education for all children between the ages of 5 and 16 years. It mandates the state to provide free and compulsory education, promote literacy and access to knowledge.
Right to Property:
Article 24 protects the right to property and states that no person shall be deprived of his property except in accordance
with law and for public purposes. It ensures that the property rights of individuals are respected and any deprivation is fair and just.
Right to Information:
Article 19-A recognizes the right to information and provides access to information held by public authorities. It supports transparency, responsibility and participation of citizens in the administration of public affairs.
Principle of Policy In the Constitution of Pakistan
In the Constitution of Pakistan, the term “policy principles” refers to the guiding principles and objectives expected of the state in its policies and activities. These principles, outlined in Part III of the Constitution, include the promotion of social justice, economic equality, the eradication of poverty and inequality, the provision of basic necessities of life, the provision of gender equality and the protection of the rights of workers, minorities and marginalized sections of society. Although the Principles of Policy are not legally enforceable as fundamental rights, they serve as moral and aspirational guidelines for the government to shape its policies and work for the welfare and progress of the nation.
Introduction To Article 7
In this Part, unless the context otherwise requires, “the State” means the Federal Government, Majlis-e-Shoora (Parliament), 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.
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They carefully help clients navigate complex legal matters related to fundamental rights and ensure that each individual’s constitutional guarantees are protected and respected. With its strong advocacy skills, meticulous research and unwavering commitment to justice, Izyan Law Consultant is reliable partner for individuals and organizations seeking legal advice on matters relating to fundamental rights and policy principles.