Contravention of Fundamental Rights
Contravention of Fundamental Rights legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
When through a discriminatory selection process civil servants were selected and appointed, it would infringe Art. 27 of the Constitution which stated that, "No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against"
Article 25 of the Constitution, prescribing the equality of citizens, was another Fundamental Right which was attracted if all those who were tested and interviewed were not treated equally
Present matter also involved the contravention of the Fundamental Right in Art. 18 of the Constitution, which mandates, that, "every citizen shall have the right to enter upon any lawful profession or occupation"
Suo motu case was disposed of accordingly.
"Contravention of Fundamental Rights", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124959538
Precedents & Case Laws citing "Contravention of Fundamental Rights"
2001 P L C (C
COTTON EMPLOYEES WELFARE ASSOCIAATION, COTTON RESEARCH INSTITUTE, MULTAN through Senior Vice-President Versus PAKISTAN CENTRAL COTTON COMMITTEE
Court: Lahore High Court1997 M L D 1792
Mst. MUKHTIAR FATIMA ‑‑‑Petitioner Versus DEPUTY COMMISSIONER, MULTAN and 2 others‑‑‑Respondents
Court: Lahore2024 P L C (C
ALI ADNAN ARIF TABBA and others Versus NATIONAL DATABASE REGISTRATION AUTHORITY and 3 others
Court: Sindh High Court1988 S C M R 972
ABDUL RASHID KHAN and 6 others‑‑Petitioners Versus SWAT TEXTILE MILLS LTD., HARIPUR and
Court: High CourtP L D 2014 Sindh 218
IMRAN AHMED — Petitioner Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and 2 others — Respondents
Court: High CourtP L D 2012 Balochistan 214
Begum NASREEN KHETRAN — Petitioner Versus GOVERNMENT OF BALOCHISTAN, EDUCATION DEPARTMENT, QUETTA through Secretary and another — Respondents
Court: High CourtP L D 2016 Peshawar 57
YOUSAF AYUB KHAN — Petitioner Versus GOVERNMENT through Chief Secretary, Peshawar and 2 others — Respondents
Court: High Court2013 P L C 273
MUHAMMAD KHALIQULLAH SIDDIQUI Versus SINDH LABOUR APPELLATE TRIBUNAL and 5 others
Court: Sindh High CourtP L D 1978 Lahore 1298
PROVINCE OF PUNJAB THROUGH ITS HOME SECRETARY, AND 3 OTHERS-Appellants Versus GULZAR HASSAN, ADVOCATE AND 8 OTHERS-Respondents
Court: -- Arts. 8, 143, 232(4), 233 & 268 read with Arts. 184(3) & 199, Part II, Chap. I and Criminal Law Amendment Act (XIV of 1908), Ss. 16 & 17-A-Word "void"-Meaning and import-Laws inconsistent with Constitution-Do not die, neither still-born non est or nonexistent nor effaced or obliterated from statute book: Such law exists totally to be applicable to pre-Constitutional matters and also to those to whom Fundamental Rights afford no protection and may re-appear to be operative as soon as Fundamental Rights or supreme law cease to exist-Criminal Law Amendment Act, 1908, continued in force under Art. 268-Fundamental Rights remain in existence during Proclamation of Emergency but no remedy available during such period in presence of an order under Art. 233(2)-Executive actions contemplated in Art. 233(1) necessarily concern future legislation and not any of void existing laws-Criminal Law Amendment Act, 1908, inconsistent with Fundamental Right No. 17, void and so unenforceable and, therefore, not available for any executive action-Notifications issued under Ss. 16 and 17, Criminal Law Amendment Act Held, without lawful authority and of no legal effect.--Words and phrases-Interpretation of statutes.