Showing posts with label pakistani constitution of fundamental Right. Show all posts
Showing posts with label pakistani constitution of fundamental Right. Show all posts

Monday, 8 February 2016

Third Schedule: Oaths of Office

Third Schedule

Oaths of Office


President

[Article 42]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah:

That I will bear true faith and allegiance to Pakistan:

That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of Pakistan, except as may be required for the due discharge of my duties as President.

 745[

May Allah Almighty help and guide me (A'meen).

] 745

Prime Minister

[Article 91( 746[5] 746)]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do swear solemnly that l am a Muslim and believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah:

That I will bear true faith and allegiance to Pakistan:

That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, hon-estly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister except as may be required for the due discharge of my duties as Prime Minister.

 747[

May Allah Almighty help and guide me (A'meen).

] 747

Federal Minister or Minister Of State

[Article 92(2)]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan: That, as Federal Minister (or Minister of State); I will discharge my duties, and perform my func-tions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Federal Minister (or Minister of State), except as may be required for the due discharge of my duties as Federal Minister (or Minister of State), or as may be specially permitted by the Prime Minister.

 748[

May Allah Almighty help and guide me (A'meen).

] 748

Speaker of National Assembly or Chairman of Senate

[Article 53(2) and 61]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as Speaker of the National Assembly (or Chairman of the Senate) and whenever I am called upon to act as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully, accordance with the Constitution of the Islamic Republic of Pakistan, the law and as Speaker of the National Assembly in accordance with the rules of the Assembly (or as Chairman of the Senate in accordance with the rules of the Senate), and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will.

 749[

May Allah Almighty help and guide me (A'meen).

] 749

Deputy Speaker of National Assembly or Deputy Chairman Of Senate

[Article 53(2) and 61]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, whenever I am called upon to act as Speaker of the National Assembly (or Chairman of the Senate), I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.

 750[

May Allah Almighty help and guide me (A'meen).

] 750

Member of National Assembly or Member of Senate

[Article 65]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

And that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.

May Allah Almighty help and guide me (A'meen).

Governor of Province

[Article 102]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as the Governor of the Province of ____________, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of the Province of ____________ except as may be required for the due discharge of my duties as Governor.

 751[

May Allah Almighty help and guide me (A'meen).

] 751

Chief Minister or Provincial Minister

[Articles  752[130(5)] 752 and 132(2)]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as a Chief Minister (or Minister) of the Government of the Province of ____________, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Chief Minister (or Minister) except as may be required for the due discharge of my duties as Chief Minister (or Minister) or as may be specially permitted by the Chief Minister.

 753[

May Allah Almighty help and guide me (A'meen).

] 753

Speaker of a Provincial Assembly

[Articles 53(2) and 127]

(In the name of Allah, the most Beneficent, the most Merciful)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as Speaker of the Provincial Assembly of the Province of ____________,  754[and whenever I am called upon to act as Governor, I will discharge] 754 my duties, and perform my functions honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will.

 755[

May Allah Almighty help and guide me (A'meen).

] 755

Deputy Speaker of a Provincial Assembly

[Articles 53(2) and 127]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, whenever I am called upon to act as Speaker of the Provincial Assembly of the Province of ____________, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic ideology which is the basis for the creation of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill- will.

 756[

May Allah Almighty help and guide me (A'meen).

] 756

Member of a Provincial Assembly

[Articles 65 and 127]

(In the name of Allah, the most Beneficent the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as a member of the Provincial Assembly of ____________, I will perform my functions honestly to the best of my ability faithfully in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:

And that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.

 757[

May Allah Almighty help and guide me (A'meen).

] 757

Auditor-General of Pakistan

[Article 168(2)]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, _________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as Auditor- General of Pakistan, I will discharge my duties and perform my functions honestly, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law and to the best of my knowledge, ability and judgment, without fear or favor, affection or ill- will, and that I will not allow my personal interest to influence my official conduct or my official decisions.

 758[

May Allah Almighty help and guide me (A'meen).

] 758

Chief Justice of Pakistan or of a High Court or Judge of The Supreme Court or a High Court

[Articles 178 and 194]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as Chief Justice of Pakistan (or a Judge of the Supreme Court of Pakistan or Chief Justice or a Judge of the High Court for the Province or Provinces of ____________) I will discharge my duties, and perform my functions, honestly to the best of my ability and faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law:

That I will abide by the code of conduct issued by the Supreme Judicial Council:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.

 759[

May Allah Almighty help and guide me (A'meen).

] 759
 760[

Chief Justice or Judge of Federal Shariat Court

[Article 203-C (7)]

(In the name of Allah the most Beneficent, the most Merciful.)

I, ______________________, do solemnly swear that I will bear true faith and allegiance to Pakistan:

That, as Chief Justice of the Federal Shariat Court (or a Judge of the Federal Shariat Court), I will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will abide by the code of conduct issued by the Supreme Judicial Council:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

And that, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will.

May Allah Almighty help and guide me (A'meen).


] 760

Chief Election Commissioner  767[or a Member of the Election Commission of Pakistan] 767

[Article 214]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that as Chief Election Commissioner,  768[or, as the case may be, member of the Election Commission of Pakistan] 768 I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and without fear or favor, affection or ill- will, and that I will not allow my personal interest to influence my official conduct or my official decisions.

 769[

May Allah Almighty help and guide me (A'meen).

] 769

Members Of The Armed Forces

[Article 244]

(In the name of Allah, the most Beneficent, the most Merciful.)

I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.

 770[

May Allah Almighty help and guide me (A'meen).

] 770

Notes

745   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
746   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(i) (with effect from April 19, 2010) for "3".
747   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
748   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
749   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
750   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
751   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
752   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(ii) (with effect from April 19, 2010) for "131(4)".
753   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
754   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(iii) (with effect from April 19, 2010) for "I will discharge".
755   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
756   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
757   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
758   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
759   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
760   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 100(iv) (with effect from April 19, 2010) for " 761[

 762[Chief Justice] 762 or  763[Judge] 763 of Federal Shariat Court

[Article 203-C (7)]

I, ___________________, do solemnly swear that, as the  764[Chief Justice] 764 (or a  765[Judge] 765) of the Federal Shariat Court, I will discharge my duties, and perform my functions, honestly, to the best of my ability and faithfully in accordance with law;

And that I will not allow my personal interest to influence my official conduct or my official decisions.

 766[

May Allah Almighty help and guide me (A'meen).

] 766
] 761".
761   Inserted by Constitution (Amendment) Order, 1980 (President's Order No. 1 of 1980), Art. 4 (with effect from May 26, 1980).
762   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1) (with effect from March 2, 1985) for "Chairman".
763   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1) (with effect from March 2, 1985) for "member".
764   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1) (with effect from March 2, 1985) for "Chairman".
765   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(1) (with effect from March 2, 1985) for "member".
766   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
767   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 11(a) (with effect from February 28, 2012).
768   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 11(b) (with effect from February 28, 2012).
769   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).
770   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2, Sch. item 55(2) (with effect from March 2, 1985).

Chapter 6: "Title, Commencement and Repeal" of Part XII: "Miscellaneous"

Part XII: Miscellaneous

Chapter 6: Title, Commencement and Repeal

265 Title of Constitution and commencement.
(1) This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.
 
(2) Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one thousand nine hundred and seventy three or on such earlier day as the President may, by notification in the official Gazette, appoint, in the Constitution referred to as the "commencing day."
 
(3) The Constitution shall, to the extent necessary
(a) for the constitution of the first Senate;
(b) for the first meeting of a House or a joint sitting to be held;
(c) for the election of the President and the Prime Minister to be held; and
(d) to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day,
come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day.
 
(4) Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any Court or office, or the appointment of any Judge or office thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provisions, then that power may be exercised at any time between the enactment of the Constitution and its commencement.
 
 
266 Repeal.
The Interim Constitution of the Islamic Republic of Pakistan, together with the Acts and President's Orders making omissions from, additions to, modifications of, or amendments in, that Constitution is hereby repealed.
 

Sunday, 7 February 2016

Fundamental Rights

Part II: Fundamental Rights

7 Definition of the State
In this Part, unless the context otherwise requires, "the State" means the Federal Government,  12[Majlis-e-Shoora (Parliament)] 12, 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.

Chapter 1: Fundamental Rights

8 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
 13[
(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;
] 13 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  15[Part II of the First Schedule] 15 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  16[Majlis-e-Shoora (Parliament)] 16 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.
No person shall be deprived of life or liberty save in accordance with law.
10 Safeguards as to arrest and detention
(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 without 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  17[three months] 17 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  18[three months] 18, 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,  19[within fifteen days] 19 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.
(6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.
(7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:
Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy  20[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity] 20.
(8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.
 21[
10A. Right to fair trial:
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.
] 21
11 Slavery, forced labour, etc. prohibited
(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
(2) All forms of forced labour and traffic in human beings are prohibited.
(3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
(4) Nothing in this Article shall be deemed to affect compulsory service:-
(a) by any person undergoing punishment for an offence against any law; or
(b) required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.
12 Protection against retrospective punishment
(1) No law shall authorize the punishment of a person:-
(a) for an act or omission that was not punishable by law at the time of the act or omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.
13 Protection against double punishment and self incrimination.
No person:-
(a) shall be prosecuted or punished for the same offence more than once; or
(b) shall, when accused of an offence, be compelled to be a witness against himself.
14 Inviolability of dignity of man, etc.
(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.
(2) No person shall be subjected to torture for the purpose of extracting evidence.
15 Freedom of movement, etc.
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.
16 Freedom of assembly.
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.
 22[
17. Freedom of association:
(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.
(2) Every citizen, not being in the service 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 the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
(3) Every political party shall account for the source of its funds in accordance with law.
] 22
18 Freedom of trade, business or profession.
Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:
Provided that nothing in this Article shall prevent:-
(a) the regulation of any trade or profession by a licensing system; or
(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 a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
19 Freedom of speech, etc.
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 in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court,  30[commission of] 30 or incitement to an offence.
 31[
19A. Right to information:
Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
] 31
20 Freedom to profess religion and to manage religious institutions.
Subject to law, public order and morality:-
(a) every citizen shall have the right to profess, practice and propagate his religion; and
(b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
21 Safeguard against taxation for purposes of any particular religion.
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.
22 Safeguards as to educational institutions in respect of religion, etc.
(1) 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.
(2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.
(3) Subject to law:
(a) no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and
(b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.
(4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.
23 Provision as to property.
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.
24 Protection of property rights.
(1) No person shall be compulsorily 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 compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.
(3) Nothing in this Article shall affect the validity of :-
(a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or
(b) any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or
(c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or
(d) any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or
(e) any law providing for the acquisition of any class of property for the purpose of
(i) providing education and medical aid to all or any specified class of citizens or
(ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or
(iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves ; or
(f) any existing law or any law made in pursuance of Article 253.
(4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court.
25 Equality of citizens.
(1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex  32[] 32.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
 33[
25A. Right to education:
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.
] 33
26. Non-discrimination in respect of access to public places.
(1) 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 only of race, religion, caste, sex, residence or place of birth.
(2) Nothing in clause (1) shall prevent the State from making any special provision for women and children.
27. Safeguard against discrimination in services.
(1) 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:
Provided that, for a period not exceeding  34[forty] 34 years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:
Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 36[:] 36
 37[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).] 37
(2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province. for a period not exceeding three years, prior to appointment under that Government or authority.
28 Preservation of language, script and culture.
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.

Notes

12   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".
13   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for :
(b) any of the laws specified in the First Schedule as in force immediately before the commencing day  14[or as amended by any of the laws specified in that Schedule] 14;
14   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 3 (with effect from May 4, 1974).
15   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for "the First Schedule, not being a law which relates to, or is connected with, economic reforms".
16   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".
17   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".
18   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".
19   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "as soon as may be, but not later than one week".
20   Inserted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975).
21   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 5 (with effect from April 19, 2010).
22   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010) for :
17 Freedom of association.
(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of  23[sovereignty or integrity of Pakistan, public order or morality] 23.
 24[
(2) Every citizen, not being in the service 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 the sovereignty or integrity of Pakistan  25[or public order] 25and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan  26[or public order] 26, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final 27[:] 27
 28[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.] 28
(3) Every political party shall account for the source of its funds in accordance with law.
] 24 29[
(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.
] 29
23   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 3 (with effect from November 21, 1975) for "morality or public order".
24   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 4 (with effect from May 4, 1974) for :
(2) Every citizen not being in the service of Pakistan shall have the right to form or be a member of a political party. Every political party shall account for the source of its funds in accordance with law.
25   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).
26   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).
27   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002) for ".".
28   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002).
29   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 2 (with effect from August 21, 2002).
30   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 4 (with effect from November 21, 1975) for "defamation".
31   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010).
32   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 8 (with effect from April 19, 2010) : "alone".
33   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 9 (with effect from April 19, 2010).
34   Substituted by Constitution (Sixteenth Amendment) Act, 1999 (6 of 1999), Article 2 (with effect from August 5, 1999) for " 35[twenty] 35".
35   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 4 (with effect from March 2, 1985) for "ten".
36   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010) for ".".
37   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010).