The Constitution of Pakistan is a document which establishes the legal framework of Pakistan. The 1973 Constitution was drafted by the government of Zulfikar Ali Bhutto and ratified by the Parliament on 14 August 1973. It is a comprehensive document and provides the fundamental rights to citizens. The Constitution also specifies the Chief Election Commissioner and the Right to freedom of expression.
Articles 20 and 22
Article 20 of the Constitution of Pakistan protects the freedom of conscience. The Supreme Court, however, has upheld the Zaheerudin definition, which requires the state to take reasonable steps to maintain law and order and not unduly restrict Article 20. This is a great victory for Article 20.
However, the interpretation of Article 20 is a matter of controversy. While the original meaning of the article was vague, it has been widely interpreted. For instance, the government’s power to issue a ban on a religious institution was challenged in the Zaheerudin case. However, the court held that the ban was not based on Article 20 because of the sanctity of religious places.
Another important right is the right to freely move within the country. Article 22 states that a citizen may move within Pakistan as long as he is not committing a crime. This right also covers freedom of assembly without arms, and it also guarantees the right to form associations and unions without fear of persecution or violence.
Another fundamental right is the right to own property. Every citizen has the right to acquire, hold, and dispose of property in Pakistan. However, a person cannot be compelled to sell or lease their property without compensation. This right is protected in the Constitution of Pakistan. There are certain restrictions, however.
A person who has been arrested must be produced before the magistrate within 24 hours of arrest. This period does not include the time needed for the person to travel to the nearest magistrate. The person can not be held longer than 24 hours unless it is authorized by a magistrate.
The Constitution also states that a person shall not be forced to attend a religious worship other than his or her own. Furthermore, a person shall not be discriminated against based on race, gender, or nationality. And, the state shall provide free compulsory education for all children.
If a person is held without the right to communicate with a representative, the State Party taking him or her into custody shall assist him or her in communicating with their nearest representative. It shall also notify other state parties of the person’s detention. The State Party that takes the person into custody shall carry out a preliminary inquiry. The State Party should report its findings to the other states as soon as possible.
Article 3
The Supreme Court has the power to review judgments and orders of lower courts. The decision of the Supreme Court has binding effect on other courts in Pakistan. The judgments and orders of the Supreme Court enunciate the principles of law. The President, the Chief Justice of Pakistan and the other executive and judicial authorities of Pakistan shall cooperate with the Supreme Court in enforcing its decisions. In addition, the Supreme Court may make rules regarding the practice and procedure of the courts.
The High Courts of the various Provinces have their own jurisdiction. The judges of each High Court shall sit at their principal seats. They may hold sessions in other locations within their jurisdiction. Circuit courts consist of judges nominated by the Chief Justice. For example, the High Court of Punjab shall have benches in Lahore, Bahawalpur, and Multan. In addition, the High Court of Sindh shall have benches in Sukkur and Bahawalpur. The High Court of Baluchistan has benches in Dera Ismail Khan and Sibi.
Article 4 of the Constitution of Pakistan provides for the protection of the law for individuals. It also states that certain rights cannot be suspended. The article also states that no one can be discriminated based on their gender or race. Further, article 26 and 27 guarantee equal access to public places and employment in both the public and private sectors.
Article 184(3) of the Constitution of Pakistan provides for judicial review of the decisions of governmental institutions. This provision has been present in the Pakistani Constitution since 1973. It has also provided for the power of suo motu since 1990. The first case to invoke the provision under the Constitution was Manzoor Elahi v. Federation of Pakistan, heard by the Supreme Court in 1975. The bench headed by Chief Justice Hamodur Rahman interpreted the text of article 184 (3).
In a recent case involving a political party’s manifesto, a retired captain of the Pakistan Air Force filed a judicial review of the manifesto. He argued that the manifesto violated the constitution by banning non-Muslims from positions of authority. The Supreme Court dismissed the petition on the grounds that the party’s manifesto did not violate the spirit of the Constitution. However, the court found that the petitioner was not allowed to challenge the manifesto under Article 184(3), as the procedure is limited to challenges of legislative actions and enforced executive actions.
Chief Election Commissioner
The Constitution of Pakistan grants the Chief Election Commissioner specific powers and duties. The position has equal official status to that of a judge of the Supreme Court of Pakistan. He or she can be removed from office by the President, Supreme Court or National Assembly of Pakistan. There is no age limit for the office of Chief Election Commissioner.
The Chief Election Commissioner is appointed by the President. If there is a vacancy in the post, the National Assembly can dissolve it. A Parliamentary committee composed of members from the Senate shall be appointed in such a case. The Commissioner shall be granted the powers conferred by law. He or she may be reappointed if necessary.
The Election Commission of Pakistan consists of a Commissioner and four members. At least one member shall come from each province. Each member of the Commission shall hold office for a five-year term. The Election Commission meets regularly to conduct its business. Elections are held in Pakistan at least once a year.
The Election Commission of Pakistan is an independent, constitutional body charged with ensuring that free, fair and transparent elections are held in Pakistan. The Commission is chaired by the Chief Election Commissioner and is governed by the Elections Act 2017 passed by the National Assembly on 2 October 2017. The Commission is responsible for organizing general elections and by-elections in the national and provincial level.
The Election Commission receives its funding from the federal government. The Chief Election Commissioner has the discretion to reappropriate funds within the allocated budget without consulting the Finance Division. All executive authorities must assist the Commission to ensure the integrity of the elections. It is also responsible for the supervision of elections and the protection of the electoral process.
The Election Commission of Pakistan has announced preliminary delimitations of the National Assembly and the four provincial assemblies. According to the Constitution, each province is allocated a certain number of seats for NA.
Right to freedom of expression
Article 19 of the Constitution of Pakistan protects the right to freedom of expression. It guarantees the right of every citizen to express their views and opinions in any medium, as long as the speech does not harm anyone else. However, it also stipulates that the right to freedom of speech is subject to reasonable restrictions.
The Pakistani Constitution also guarantees the right to free association. Article 17 of the Constitution provides that all citizens may form associations, political parties, or unions. However, this right is subject to reasonable restrictions that are in the interest of public order or morality. In this way, the government can prevent the formation of political parties or other organizations that could threaten the state’s sovereignty.
Freedom of expression in Pakistan extends to speech, the press, and the transmission and reception of ideas. It also includes the right to silence and the right to seek access to official records. The Official Information Act allows citizens to request official records, which is another key feature of freedom of expression.
However, the new law is not without controversy and criticism. While there are certain safeguards in the new law, it has been subject to a high rate of abuse. Human rights groups, journalists, and the legal community are concerned that the law has the potential to stifle freedom of speech.
Article 19 of the Constitution protects freedom of expression. Under the new constitution, everyone has the right to express his or her opinions, seek ideas, and disseminate information. The law also allows the government to restrict this right when it is detrimental to the interests of the state. This means that the government must strike a balance between freedom of speech and the protection of national interests.
