Constitutional guarantee
Constitutional guarantee legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Article 20 of the Constitution has been interpreted as a broad guarantee of equal religious freedom for all citizens; Muslims and non-Muslims alike
Article 20 ensures both individual and collective rights of conscience, protecting citizens not only from interference by other religious groups but also from coercion within their own faith communities.
Plaintiffs were unqualified persons providing different dental services to poor people without holding any licence while Authorities started a campaign against them on the plea that they were the big source of causing "hepatitis B and C" to their customers
Validity
No act/omission, likely to cause even slightest harm to life and body, could be permitted under any plea regardless of its being under the name of 'social service' or 'help of the poor'
Plaintiffs were seeking exception to requirement of 'qualification' on the sole ground of 'working for decades' to earn livelihood
Ground could not legally sustain particularly in view of Art. 8 of the Constitution, which had even declared any law, or any custom or usage, having force of law, to the extent of its inconsistency with rights (known fundamental rights) as 'void'
Law demanded proper authorization and qualification from competent legal forum to let one work/act as 'dentist' which, undisputedly, the plaintiffs did not possess
Registration of any society was meant to regularize the affairs of members and it could not be used as licence/certificate to do a job which, otherwise, could not be performed without such licence/certificate
Not the 'experience' which could qualify one to dress himself up with a 'status' which, otherwise, could not be held without proper and legal 'degree'
Suit of plaintiffs was not maintainable under the law and the same could not be legally allowed to continue on the file of Court, because provision of O. VII, R. 11, C.P.C. insisted to reject a legally barred plaint in its inception
Plaint was rejected, in circumstances.
"Constitutional guarantee", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124955769
Precedents & Case Laws citing "Constitutional guarantee"
P L D 2026 Lahore 480
MUHAMMAD SOBAN — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents
Court: High Court1995SCMR626
MUHAMMAD ASHRAF and others‑‑‑Appellants Versus THE STATE‑‑‑Respondent
Court: Supreme Court of PakistanP L D 1984 Supreme Court 354
PAKISTAN AND ANOTHER-Petitioners Versus Civil Appeal No. 24 of 1979, decided on 30th April, 1984.
Court: Art. 185(3)-Civil service-Leave to appeal granted to consider question whether in the context of temporary nature of employment of a civil servant, until further orders, and being further "subject to approval of Federal Public Service Commission or replacement if choice of Commission did not fall on him" his employment was correctly construed as being amenable to constitutional guarantee.--Civil services.P L D 1964 (W
DR. Miss AZIZ BEGUM CHOUDHRY‑Petitioner Versus DIRECTOR, GENERAL HEALTH ESTABLISHMENT
Court:P L D 2025 Balochistan 25
MUNAWAR KHAN — Petitioner Versus The GOVERNMENT OF BALOCHISTAN through Chief Secretary and 8 others — Respondents
Court: High CourtP L D 1997 Supreme Court 835
OBAIDULLAH and another ;Petitioners Versus HABIBULLAH and others‑‑‑Respondents
Court:1999 P L C (C
ABDUL WAHID FAROOQ Versus CHIEF SECRETARY, PUNJAB and others
Court: Lahore High CourtP L D 1998 Karachi 124
ZULFIQAR ALI — Applicant Versus THE STATE — Respondent
Court: High Court1997 M L D 1331
MUHAMMAD MANZOOR‑‑‑Petitioner Versus S.H.O., POLICE STATION LAYYA, DISTRICT MULTAN
Court: Lahore1983 P L C (C
Miss AZIZ BEGUM CHOUDHRY Versus SECRETARY, MINISTRY OF HEALTH AND
Court: Federal Service Tribunal