CSS Law (Constitutional) Fundamental Rights and Liberties Syllabus

Fundamental Rights and Liberties syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Fundamental Rights and Liberties in CSS Law (Constitutional), not a summary of it.

1. 1

   Civil and Political Freedoms

   4 topics

   • Freedom of Speech and Expression
   • Freedom of Association and Assembly
   • Freedom of Movement
   • Freedom of Religion
2. 2

   Personal Liberty and Security

   4 topics

   • Right to Life
   • Right to Property
   • Right to Privacy
   • Right to Legal Counsel and Fair Trial
3. 3

   Procedural Protections

   3 topics

   • Protection Against Self-Incrimination
   • Protection Against Double Jeopardy
   • Safeguards Against Arbitrary Arrest and Detention
4. 4

   Enforcement of Rights

   3 topics

   • Writ Jurisdiction and Constitutional Remedies
   • Public Interest Litigation
   • Reasonable Restrictions and Limitation Clauses

Fundamental Rights and Liberties flashcards for CSS Law (Constitutional)

20 of 50 cards from the Fundamental Rights and Liberties deck — real questions with worked answers.

1. Which Part and Articles of the Constitution of Pakistan 1973 enumerate the Fundamental Rights?

   Part II, Chapter 1 — Articles 8 to 28 of the Constitution of Pakistan, 1973.

2. What does Article 8 of the Constitution of Pakistan provide regarding laws inconsistent with Fundamental Rights?

   Article 8 declares that any law (or custom having the force of law) inconsistent with the Fundamental Rights is void to the extent of the inconsistency; the State shall make no law that takes away or abridges these rights.

3. Which Article of the Constitution of Pakistan guarantees Freedom of Speech and Expression?

   Article 19 — it guarantees freedom of speech and expression and freedom of the press for every citizen.

4. List the grounds on which reasonable restrictions may be imposed on Freedom of Speech under Article 19 of the Constitution of Pakistan.

   In the interest of: the glory of Islam; the integrity, security or defence of Pakistan or any part thereof; friendly relations with foreign states; public order; decency or morality; contempt of court; and commission of or incitement to an offence.

5. Which Article of the Constitution of Pakistan guarantees the Right to Information, and what does it cover?

   Article 19A — every citizen has the right to have access to information in all matters of public importance, subject to regulation and reasonable restrictions imposed by law.

6. Which Article of the Constitution of Pakistan guarantees Freedom of Assembly?

   Article 16 — every citizen has the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

7. Which Article of the Constitution of Pakistan guarantees Freedom of Association?

   Article 17 — every citizen has the right to form associations or unions, and every citizen not in the service of Pakistan has the right to form or be a member of a political party.

8. What restriction on political parties is contained in Article 17(2) of the Constitution of Pakistan?

   Reasonable restrictions may be imposed in the interest of the sovereignty or integrity of Pakistan; the federal government may declare a party prejudicial to sovereignty/integrity and refer the matter to the Supreme Court, whose decision is final.

9. Which Article of the Constitution of Pakistan guarantees Freedom of Movement?

   Article 15 — every citizen has the right to remain in, and to enter and move freely throughout, Pakistan and to reside and settle in any part of it, subject to reasonable restrictions imposed by law in the public interest.

10. Which Articles of the Constitution of Pakistan deal with Freedom of Religion?

    Articles 20–22: Article 20 (freedom to profess, practise and propagate religion and manage religious institutions), Article 21 (no taxation for purposes of another religion), and Article 22 (safeguards in educational institutions regarding religious instruction).

11. What two freedoms are guaranteed by Article 20 of the Constitution of Pakistan?

    Subject to law, public order and morality: (a) every citizen has the right to profess, practise and propagate his religion; and (b) every religious denomination/sect has the right to establish, maintain and manage its religious institutions.

12. What does Article 22 of the Constitution of Pakistan protect regarding religious instruction in educational institutions?

    No person shall be required to receive religious instruction, take part in religious ceremony, or attend religious worship relating to a religion other than his own; and no denomination is denied the right to provide religious instruction for its own pupils.

13. Which Article of the Constitution of Pakistan guarantees the Right to Life and Liberty?

    Article 9 — no person shall be deprived of life or liberty save in accordance with law.

14. How has the Supreme Court of Pakistan expansively interpreted the 'right to life' under Article 9?

    Life under Article 9 means not mere animal existence but a life with dignity, including the right to a clean and healthy environment, access to clean water, livelihood, health, and protection from hazards — as held in cases like Shehla Zia v. WAPDA (1994).

15. What did the Supreme Court hold in Shehla Zia v. WAPDA (PLD 1994 SC 693)?

    That the right to life under Article 9 includes the right to a clean and healthy environment; the Court applied the precautionary principle to electromagnetic radiation from a grid station, expanding Article 9's scope to environmental protection.

16. Which Article of the Constitution of Pakistan protects the Right to Property generally, and which protects against deprivation of property?

    Article 23 guarantees the right to acquire, hold and dispose of property; Article 24 protects against deprivation of property save in accordance with law and prohibits compulsory acquisition except for a public purpose and with compensation.

17. What conditions does Article 24 of the Constitution of Pakistan impose on compulsory acquisition of property?

    Property may be compulsorily acquired or taken possession of only by authority of law that provides for compensation and either fixes the amount of compensation or specifies the principles and manner of its determination and payment.

18. Is there an express Right to Privacy in the Constitution of Pakistan, and under which Article?

    Yes — Article 14 guarantees that the dignity of man and, subject to law, the privacy of the home, shall be inviolable.

19. What twin guarantees are contained in Article 14 of the Constitution of Pakistan?

    (1) The dignity of man shall be inviolable; and (2) subject to law, the privacy of home shall be inviolable. Article 14(2) also absolutely prohibits torture for extracting evidence.

20. What absolute prohibition is contained in Article 14(2) of the Constitution of Pakistan?

    No person shall be subjected to torture for the purpose of extracting evidence — an absolute, non-restrictable prohibition.

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