The Constitution is a pact between the state and the citizen. The Constitution of Pakistan serves as a supervisory “check” on the otherwise unlimited powers of the three pillars of the state: the Legislature, the Executive, and the Judiciary. The Constitution has also granted the citizen the fundamental rights that safeguard them.
The “fundamental rights” of Pakistani citizens are contained in Articles 8-25A of the 1973 Constitution.
These rights include
The Constitution also provides a mechanism for swift remedy in the event of infringement, which is the issuance of rights to the High Courts under Section 199 and to the Supreme Court under Article 184(3).
writ of mandamus: can be used to challenge an unconstitutional enactment of a law under the writ jurisdiction.
write of habeas corpus: can be used to challenge the unlawful confinement of an individual.
writ of quo warranto: can be used to challenge the unlawful occupancy of a public office, which is in violation of established legal procedures.
These are merely a few of the examples that can be provided to elucidate the extent to which the writ jurisdiction of a High Court or the Supreme Court can safeguard the fundamental rights of a citizen.
Constitutional matters often involve complexities due to multiple interpretations of a constitution and Writs involve
pertinent enquiries regarding jurisdiction and forum appropriateness.Consequently, it is crucial to obtain legal
advice that is both effective and unambiguous in constitutional matters.
Lex Lata is dedicated to upholding the principles of Fundamental Rights and the rule of law, and we have demonstrated
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