Subject: Constitutional Law-III (Pakistan)

Class: LLB (5-Year)

Semester: Summer 2020
Course Code: LLB-312
Credit Hrs: 3

Lecture-2

Fundamental Rights (Part-I)

Muhammad Fahad Anwar

Assistant Professor, Department of Law
 Learning Objective

• To learn the nature and importance of fundamental rights

 Nature of Fundamental Rights

• The fundamental rights are guaranteed by the constitution

• Every citizen is entitled for fundamental rights without any

discrimination
• Superior courts are guarantor of these rights
Nature of Fundamental Rights (Cont..)

• These are enforceable at court of law if state fail to provide

• In case of violation of fundamental rights:

– If violation of fundamental rights of individuals, the High

Court can be approached
– If violation of fundamental rights concerning general
public, the Supreme Court of Pakistan can be approached
Nature of Fundamental Rights (Cont..)

• These rights, however, are not absolute rights

• These may be suspended in case of emergency

Nature of Fundamental Rights (Cont..)

• These may be taken by operation of law in certain

circumstances
• For Example

– Property may be acquired for public purpose

– Movement may be restricted for public good

– Liberty may be restricted in case of offence

 Fundamental Rights v Principles of
Policy
• Difference between Principles of Policy and
Fundamental Rights
– Principles of policy is available subject to availability of
resources
– Fundamental rights are not subject to availability of
resources
 Difference (Cont..)

– Principles of policy are not enforceable at court of law in

case of non provision
– The fundamental rights are enforceable at court of law in
case of non-provision
 Difference (Cont..)

– The Principles of policy are not suspended in case of

emergency
– The Fundamental Rights may be suspended in case of
emergency
 Difference (Cont..)

– The Law in consistent with Principles of policy is not void

– The Law in consistent with Fundamental Rights is void

 Difference (Cont..)

– The Principles of policy contains moral and political

sanctions

– The Fundamental Rights contains legal sanctions

 Significance of Fundamental Rights

• Any law, custom or usage which is against the fundamental

rights will be void
• No law can be made which take away or abridge the
fundamental rights
 Significance of Fundamental Rights
(Cont..)
• Exception
• Above restriction will not be applicable in the following case

• 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
 Significance of Fundamental Rights
(Cont..)
• Suspension
• The fundamental rights have protection of the constitution

• The fundamental rights can only be suspended by express

provision of the constitution
Thank You