Our Constitutional Rights

12 years ago | Posted in: Articles | 868 Views

The Constitution of Pakistan 1973 has its power vested in the people of Pakistan who freely elect their chosen government. Every citizen contributes to democracy, his vote is his direct contribution in making a new government. The right to vote or right to contest the election is the statutory right of the citizen. The Constitution is cognisant of the struggle and sacrifices made by the people to attain Pakistan and is dedicated to the preservation of democracy, it has resolved to protect national and political unity by creating an egalitarian society.

Loyalty to the State and obedience to the Constitution is the basic duty of every citizen wherever he may be and temporarily for every other person for the time being in Pakistan. Any citizen who attempts to abrogate or subvert the Constitution by force or unconstitutional means, is guilty of high treason.

The State is run by the chosen representatives of the people who exercise their authority within the limits prescribed in the Constitution. The principles of democracy, freedom, equality, tolerance and social justice are observed according to Islam.

The Constitution enables the citizens to live their lives in accordance with the requirements set out in the Holy Quran and Sunnah. The State will guarantee fundamental rights of the citizen which include, equality of status, opportunity and social, economic and political justice, freedom of thought, expression, belief, faith, worship and association. Every citizen is equal before law and entitled to the equal protection of the law. There can be no discrimination on the basis of gender alone and the State is entitled to make special provisions for the protection of women and children. There will be no discrimination in respect of access to public places.

The State is to ensure the elimination of all forms of exploitation and work according to the fundamental principles laid out in the Constitution according to its best ability. It is the right of every citizen to be dealt with according to law and enjoy legal protection as an inalienable right.
No action can be taken which is detrimental to life, liberty, reputation or property of any person, likewise no person can be prevented from doing that which is not prohibited by law or forced to do anything illegal.

The State cannot make any law which takes away or abridges any of the fundamental rights, this is not applicable to any laws related to the Armed Forces or other law enforcing agencies responsible for maintaining public order. Security of the citizen will be provided and there will be safeguards regarding arrest and detention. Detention will be only for persons acting in a prejudicial manner to the integrity,security and defence of the country or public order. All forms of forced labour are also prohibited, no child below the age of 14 can be engaged in any hazardous employment.Further, the constitution affords protection against double punishment, no person can be punished for the same offence more than once.

The dignity of a citizen , and the privacy of his home ,is inviolable, every citizen has the right to move freely or reside in any part of Pakistan. Every citizen has the right to assemble peacefully and without any arms unless there are reasonable restrictions imposed by law in the interest of public order.

Every citizen has the right to form associations within the confines of law, and form or join any political party according to the rules as long as it is not prejudicial to the sovereignty or integrity of Pakistan. Every political party has to account for its source of funding according to the law.
Every citizen has the right to freedom of speech and expression ,there would be freedom of the press subject to any reasonable restrictions imposed by law in the interest of Islam or the security, integrity and defense of Pakistan.

Every citizen shall have the right to practice his religion and manage religious institutions subject to law, public order and morality.

Every citizen has the right to enter any lawful profession or occupation. Every citizen has the right to acquire, hold and dispose of property anywhere in Pakistan and no person shall be deprived of his property save in accordance with the law. No property shall be compulsorily acquired or taken possession of except for a public purpose and that also would be for a limited time and would be compensated for adequately. Any citizen, or group of citizens having a distinct language, culture and script have the right to preserve and promote it according to law.

There are basic principles of policy for guidance and the President can order a report to be prepared regarding their observance and implementation. Steps have to be taken by the State to enable the Muslims of Pakistan to lead an Islamic way of life. The State has to give special representation to peasants, workers and women in local government institutions.

Racial, tribal prejudices are to be discouraged and the State has to safeguard the legitimate rights of the minorities and work for the promotion of social justice and eradication of social evils.
It also has to improve the social and economic well-being of the people. It has to enable participation of people from all parts of Pakistan in the Armed Forces. The State has to endeavor to preserve bonds with the Muslim world and work to promote international peace.

By: Sabena Siddiqi

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