The Constitution of

Islamic
Republic of Pakistan

The Constitution
Constitution is the fundamental and
supreme law of the state. The constitution
reigns supreme over all other laws
promulgated by the federal and provincial
legislature
Constitution sets forth principles about the
relationships between citizens and their
government
It outlines the basic structure of the State

The Constitution
Constitution lays down and
governs the relationships
between the following organs of
state on the principle of the
separation of powers:
Legislature
Executive and
Judiciary

The Constitution
The Principle of Separation of
Power
The principle/doctrine of separation of
powers suggests that principal
institutions of State Executive,
Legislature and Judiciary should
be divided in person and in
function in order to establish
balance in the system.

The Constitution
The Principle of Separation of Power
According to a strict interpretation of the
separation of powers, none of the three
branches may exercise the power of the
other, nor should any person be a member
of any two of the branches. Instead, the
independent action of the separate
institutions should create a system of
checks and balances between them.

The Constitution
The Principle of Separation of
Power
o Legislature makes law;
o Executive is to carry out the different
functions according to law; and
o Judiciary performs the function of
dispensation of justice and
interpretation of legal provisions.

Prime Objectives of Doctrine Separation of

Powers

Avoid concentration of powers in any one

organ of State
Every organ to function within its
prescribed domain
Providing a system that is vested with
features of Checks and Balance.
(Checks of different organs of State on one another
in order
to establish a balanced system)

Powers/ Authority --- Checks ----

Balance

Salient Features of the

Constitution
Introductory
Islam to be State Religion
High Treason- any one who
abrogates or suspends constitution
shall be guilty of high treason

Salient Features of the

Constitution

Fundamental Rights and Principles of

Policy

Salient Features of Constitution

The Federation of Pakistan
The President is Head of State according to
Article 41 of the Constitution.
According to Article 7 State means:
The Federal Government,
Majlis-e-Shoora (Parliament),
A Provincial Government and
Such local or other authorities in Pakistan
as are by law empowered to impose any
tax or cess

Salient Features of the

Constitution
Provinces these are comprised of:
The Governors
Provincial Assemblies
The Provincial Governments

Salient Features of the

Constitution
The Judicators
The Courts
Appointment of Judges to the
Supreme Court,
High Courts and Federal Shariat Court

Salient Features of the

Constitution
Elections
Chief Election Commissioner and
Election Commission
Electoral Laws

Salient Features of the

Constitution
Islamic Provisions
Composition of Islamic Council

Salient Features of the

Constitution
General
Protection to President, Governor,
Minister etc; (Art. 248)

Fundamental Rights
Guaranteed By The
Constitution

Fundamental Rights
Artcle-8 Laws inconsistent with or in
derogation of Fundamental Rights to be Void.
Fundamental Rights:
Article-9 Security of person

Article-10 Safeguard as to arrest and

detention
Article-10A Right to fair trial

Article-11 Slavery, forced labor prohibited

Article-12 Protection against retrospective
punishment

Fundamental Rights
Article-13 Protection against double
punishment and self incrimination
Article-14 Inviolability of dignity of man,
etc.
Article-15Freedom of movement, etc.
Article-16 Freedom of assembly

Article-17 Freedom of association

Article-18 Freedom of trade,
business or profession

Fundamental Rights
Article- 19 Freedom of speech, etc.
Article- 19A Right to information
Article- 20 Freedom to profess
religion and to manage religious
institutions

Article-21 Safeguard Against

taxation for purposes of any
particular religion.

Fundamental Rights
Article-22 Safeguard as to educational
institutions in respect of religion, etc.
Article-23 Provision as to property
Article-24 Protection of property
rights
Article-25 Equality of citizens
Article- 25A Rights to education
Article- 26 Non-discrimination in respect of
access to public places

Fundamental Rights
Article-27 Safeguard against
discrimination in services
Article-28 Preservation of language,
script and culture

Significant Articles
Articles-8, 10, 11, 17, 18, 21, 23, 24,
25, 25-A, 27

Fundamental Rights
Laws inconsistent with or in derogation
of
Fundamental Rights to be Void. Artcle-8
Any law, or any custom or usage having the
force of law, in so far as it is inconsistent
with the rights conferred in this chapter
(chapter1), shall, to the extent of such
contravention, be void.
Security of person. Article 9
No person shall be deprived of life or
liberty save in accordance with law.

Fundamental Rights
Safeguard
as
to arrest
and
detention. Article 10
No person who is arrested shall be
detained in custody without being
informed.
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.

Fundamental Rights
Rights to fair trial Article. 10A
For the determination of his civil
rights and obligations or in any
criminal charge against him a person
shall be entitled to a fair trial and
due process

Fundamental Rights
Slavery, forced labor prohibited. Article
11
Slavery is non-existent and forbidden and
no law shall permit or facilitate its
introduction into Pakistan in any form.
All form of forced labour and traffic in
human beings are prohibited.
No child below the age of fourteen
years shall be engaged in any factory or
mine or any other hazardous employment.

Fundamental Rights
Protection against retrospective
punishment Article 12
No law shall authorize the
punishment of a person- For an act and omission that was not
punishable by law at the time of the
act or omission was committed.

Fundamental Rights
Protection against double
punishment and self
incrimination. Article 13
No person- Shall be prosecuted or punished for
the same offence more than once; or
Shall, when accused of an offence,
be compelled to be a witness against
himself.

Fundamental Rights
Inviolability of dignity of man, etc.
Article-14
The dignity of man and, subject to
law, the privacy of home shall be
inviolable.
No person shall be subjected to
torture for the purpose of extracting
evidence.

Fundamental Rights
Freedom of movement, etc.
Article-15
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.

Fundamental Rights
Freedom of assembly. Article 16
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.

Freedom of association-- Article 17

Every citizen shall have the right to form
associations and unions subject to any
reasonable restrictions imposed by law in
the interest of sovereignty or integrity of
Pakistan, public order or morality.
Every citizen not being in the services 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 sovereignty or integrity of
Pakistan.
Every political party shall account for the
source of its funds in accordance with law.

Fundamental Rights
Freedom of trade, business or
profession Article 18
Subject to such qualifications, if any, as
may be prescribed by law, every citizen
shall have right to enter upon any
lawful profession or occupation, and
to conduct any lawful trade and
business:
Provided that nothing in this article
shall prevent-a) the regulation of any trade and
profession by a licensing system; or

Fundamental Rights
Freedom of trade, business or profession. Article
18

b)the regulation of trade, commerce or industry

in the interest of free competition therein;
or
c)the carrying on, by the Federal government or
a
provincial
Government,
or
by
the
corporation
controlled
by
any
such
Government, of any trade, business, industry
or service, to the exclusion, complete or
partial, of other persons.

Fundamental Rights
Freedom of speech, etc. Article 19
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.

Fundamental Rights
Right to information. Article 19A
Every person shall have the right to
have access to information in all
matters of public importance subject
to
regulation
and
reasonable
restrictions imposed by law.

Fundamental Rights
Freedom to profess religion and to
manage
religious
institutions.
Article 20
Subject to law, public order and morality,- Every citizen shall have the right to
profess, practice and propagate his
religion, and
Every religious denomination and every
sect thereof shall have the right to
establish, maintain and manage its
religious institutions.

Fundamental Rights
Safeguard Against taxation for
purposes
of
any
particular
religion. Article 21
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.

Fundamental Rights
Safeguard as to educational
institutions in respect of religion, etc.
Article 22
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.

Fundamental Rights
Provision as to property. Article 23
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 .

Fundamental Rights
Protection of property rights.
Article 24
1)No person shall be deprived of his
property save in accordance with
law.
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

Fundamental Rights
Equality of citizens. Article 25
All citizens are equal before law and are
entitled to equal protection of law.
There shall be no discrimination on the
basis of sex
Nothing in this Article shall prevent the
State
from
making
any
special
provision for the protection of women
and children.

Fundamental Rights
Right to education. Article 25A
The State shall provide free and
compulsory education to all children
of age of five to sixteen years in
such manner as may be determined
by law.

Fundamental Rights
Non-discrimination in respect of
access to public places. Article
26
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 of
only race, religion, caste, sex,
residence or place of birth.

Fundamental Rights
Safeguard against discrimination
in services Article 27
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

Fundamental Rights
Preservation of language, script
and culture Article 28
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.