Freedom of association

2025 PLD 13 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Art. 17Trade Organizations Act (II of 2013), S. 14(3)(d)Hajj Organizers Association of PakistanHolding of electionsFreedom of associationScope

Petitioner/Hajj Organizers Association of Pakistan (HOAP) assailed notices issued by Director General Trade Organization (respondent), directing them to conduct elections of their office bearers within the scheduled time, while debarring the incumbent Members of Executive Committee from contesting the upcoming election

Contention of the petitioner was that the impugned notices were contrary to Art. 17 of the Constitution

Validity

Article 17 of the Constitution clearly manifests that every citizen shall have the right to form an association or union, but simultaneously it also enunciates that it is subject to reasonable legal restrictions imposed by the law

Similarly, holding of elections for the purpose of representation is also a fundamental right and requirement, which can neither be abridged or taken away nor it can be delayed without any lawful justification on the basis of lame pretext, thus such objection/ contention of the petitioner was misconceived

Constitutional petition was dismissed, in circumstances.

2025 PLD 125 PESHAWAR-HIGH-COURT Judicial Precedent

R. 6Constitution of Pakistan, Arts. 17, 65 & 199Constitutional petitionOath of elected representativeFreedom of associationScope

Petitioners were notified as Members of Provincial Assembly on reserved seats, who were not administered oath before upcoming election of Senate

Validity

Oath is to Allah Almighty and surely not to the person who is administering such oath

Person who discharges such obligation only performs an administerial obligation required by the Constitution

When such person is incapable or is not willing to administer oath or when it is impracticable for him by any reason or he is avoiding to discharge such responsibility, then such person transgresses the Constitutional mandate bestowed upon him

Members of Provincial Assemblies constituted constituency for election of Senate and if petitioners were not administered oath, then the very constituency would remain incomplete which would be negation of Constitutional mandate

Non-administration of oath to petitioners would also amount to preventing them from exercising their right to vote which was also violative of the provisions of Art. 17 of the Constitution

High Court directed Chief Minister of Khyber Pakhtunkhwa and provincial Cabinet to take all material steps in terms of Art. 105 of the Constitution for summoning session of Provincial Assembly, so that oath was administered to petitioners in terms of Art. 65 of the Constitution before upcoming Senate elections

High Court directed Speaker of Khyber Pakhtunkhwa Assembly to administer oath to petitioners in the session to be requisitioned and also allow petitioners to sign Roll of Members in terms of Arts. 65 & 225 of the Constitution read with R. 6 of Provincial Assembly of Khyber Pakhtun-khwa Procedure and Conduct of Business Rules, 1988

Constitutional petition was allowed accordingly.

2024 CLC 615 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art..17Freedom of associationPrinciple

Fundamental right of freedom of association under Art. 17 of the Constitution is subject to reasonable restrictions imposed by law.

2022 SCMR 1344 SUPREME-COURT Judicial Precedent

Art. 17Freedom of associationScope

Participation in elections is a constitutional right.

2022 CLC 2083 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Arts. 17 & 4Freedom of associationRights of individuals to be dealt in accordance with lawScope

Right of individuals to enjoy protection of law and to be treated in accordance with law is the inalienable right of every citizen of Pakistan

Article17 of the Constitution ensures the freedom and 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

Right to form an association or a union under Art.17 of the Constitution is neither unbridled nor unregulated and it is permissible to regulate such right by imposing reasonable restrictions, inter alia, in the interest of public order

State has a power to regulate associations and unions through legislation with a view to protect the public order/interest; therefore, they cannot claim special immunity from such regulations.

2018 PLC(CS)N 195 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

S. 4(4)(7)Freedom of associationScopeGovernments servants

Right to form association could not be given extended meaning in order to include the right of strike (by government employees) etc. as the same would be against the Azad Jammu and Kashmir Interim Constitution as well as service laws framed by the Legislature.

2016 PLD 1 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 17(2)Political Parties Order [C.E.'s O.18 of 2002] Preamble & Art.2(d)Freedom of associationRight to form or be a member of a political partyNature of the Fundamental Right to form or be a member of a political partyRepresentative democracyPolitical parties as engines of democracy in any countryImportance and significance of political parties in a modern Constitutional StateAdvantages and functions of political parties in a democratic systemNotion of existence of political parties as being integral to a representative democracy

Importance of engagement of local parties with the electorate, extensively discussed.

2014 PLC 382 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 3 & 9(1)(2)Industrial Relation Ordinance (XXIII of 1969), Ss.3 & 50Civil Procedure Code (V of 1908), O.XIX R.1Constitution of Pakistan, Arts.199 & 17Constitutional petitionMaintainabilityAlternate RemedyLocus standiFreedom of associationTrade union and freedom of associationRegistration of trade union

Petitioner had assailed the order of authorities regarding unilateral issuance of certificate of registration of trade union

Contention of the petitioner was that authorities had registered the trade union of strangers/workers of other establishments, who had no concern with the petitioner's establishment without affording an opportunity of hearing to the petitioner

Plea of the authorities was that the petitioner had no locus standi to file the constitutional petition, as under S.50 of the Industrial Relations Ordinance, 1969 the petitioner had alternate remedy of appeal before Labour Court and that the Constitutional petition had been filed incompetently in violation of O.XIX, R.1, C.P.C.

Validity

Authorities were not required under the law to hear the petitioner before registration of the trade union

Neither the employer nor trade union already existing in the same establishment could claim locus standi to challenge the decision of the Registrar, merely on the ground that no opportunity of hearing was provided to it or an objection raised by it before the Registrar was not considered before such decision

Constitutional petition had been filed without proper authorization to the person, as for such an authorization a resolution of the petitioner (employer) company was necessary to authorize such person to file the petition and in absence of such Resolution of Board of Directors, the petition was filed incompetently in violation of O.XIX, R.1, C.P.C.

Section 50 of Industrial Relations Ordinance, 1969, had provided that any Collective Bargaining Agent or any employer may apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law or any award or settlement

Petitioner in case of any dispute or enforcement of right, could approach the Labour Court instead of filing Constitutional petition and such petition being ultra vires to Art.199 of the Constitution was not sustainable under law

High Court held that the petition was not maintainable and had been filed incompetently

Constitutional petition was dismissed in circumstances.

2013 MLD 651 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts.17 & 199Constitutional petitionMaintainabilityFreedom of associationScopeMedical Association

Grievance of petitioners was that their names had been illegally excluded from voters' list, as they had deposited subscription fee well within time and delay in encashing the same could not be attributed to them

Validity

Right of freedom of association had been guaranteed under Art. 17 of the Constitution, to every citizen who was well within his right to form an association or union subject to any reasonable restrictions

Right to vote in such association was the right of basic nature of foremost importance

Such right could not be derogated on some technical grounds, debarring petitioner and others to cast their votes on the ground of late subscription

High Court had ample jurisdiction to safeguard fundamental rights of individuals as against societies/ associations

High Court directed respondents to incorporate 53 members in voters' list as shown in subscription list and termination letter was set aside as having been passed illegally

Petition was allowed accordingly.