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Fundamental Rights || Fundamental Human Rights || Article 8 to 28 in 1973 Constitution of Pakistan
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This video explains the fundamental human rights enlisted in the 1973 Constitution of Pakistan.
#FundamentalRights
#ConstitutionalRights
#1973Constitution
Laws inconsistent with or in derogation of Fundamental Rights
to be void
(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.
(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.
(3) The Provisions of this Article shall not apply to—
(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 [(b) any of the —
(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;
(ii) other laws specified in Part I of the First Schedule;]
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.
(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 1
[Part II of the
First Schedule] 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 2
[Majlis-e-Shoora
(Parliament)] is the appropriate Legislature, such resolution shall be a
resolution of the National Assembly.
(5) The rights conferred by this Chapter shall not be suspended
except as expressly provided by the Constitution.
9. Security of person
9. No person shall be deprived of life or liberty save in accordance
with law.
10. Safeguards as to arrest and detention
10. (1) 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.
(2) 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 with out the authority of a
magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person
who is arrested or detained under any law providing for preventive
detention.
(4) 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 1
[three months] 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 '[three months], 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,
(i) 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
(ii) 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.
Explanation II.—The opinion of a Review Board shall be
expressed in terms of the views of the majority of its members.
(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, 2
[within fifteen days] 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.
#FundamentalRights
#ConstitutionalRights
#1973Constitution
Laws inconsistent with or in derogation of Fundamental Rights
to be void
(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.
(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.
(3) The Provisions of this Article shall not apply to—
(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 [(b) any of the —
(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;
(ii) other laws specified in Part I of the First Schedule;]
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.
(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 1
[Part II of the
First Schedule] 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 2
[Majlis-e-Shoora
(Parliament)] is the appropriate Legislature, such resolution shall be a
resolution of the National Assembly.
(5) The rights conferred by this Chapter shall not be suspended
except as expressly provided by the Constitution.
9. Security of person
9. No person shall be deprived of life or liberty save in accordance
with law.
10. Safeguards as to arrest and detention
10. (1) 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.
(2) 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 with out the authority of a
magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person
who is arrested or detained under any law providing for preventive
detention.
(4) 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 1
[three months] 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 '[three months], 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,
(i) 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
(ii) 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.
Explanation II.—The opinion of a Review Board shall be
expressed in terms of the views of the majority of its members.
(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, 2
[within fifteen days] 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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