THIS IS NOT A CONSTIUTIONAL EMERGENCY

The Constitution of Pakistan enshrines certain fundamental rights.

The constitution however does have provisions which suspended some of these rights when a state of emergency is declared.

On the surface of it, this does seem to explain why some fundamental rights have been suspended...until you take a closer look.

The constitution of Pakistan enshrines certain rights as being of central importance to an individual.

These rights are given such importance in the constitution that after the preamble and the introduction they are the first matters discussed. 

The right to life and liberty, safeguards against arrest and detention, the freedoms of movement, assembly, association and equality of citizens under the law are among the principles set down.

However, the framers of the constitution also felt it necessary to include provisions to suspend certain fundamental rights.   

According to article 232 of the Constitution, certain provisions come into play if the President is satisfied that a grave emergency exists.

Once an emergency is declared under Article 232, certain rights stand suspended. 

The Freedoms of movement, assembly, association, profession, speech and the protection of property rights are suspended.  

There are however some major differences in a constitutional emergency that may be declared by the President and the supra-constitutional state of emergency declared by the Chief of the Army Staff. 

Under the Provisional Constitution Order the President may amend the constitution by just issuing an order. (compare to how else C may be amended) 

And the list of rights suspended by the PCO are not the same as those that may be suspended under article 232.

The constitution does not have any provision to suspend Article 9 of the constitution, which enshrines the right to life and liberty. (what does this right entail?)

Similarly, article 10 has also been suspended in the PCO. 

Article 10 provides safeguards against arrest and detention, grants rights of being informed why one is arrested, demanding a lawyer and a various other related rights.

Under a constitutional emergency article 10 may not be suspended. 

Another Fundamental Right that is not suspended under a Presidential declaration of emergency is enshrined in article 25, the equality of citizens under the law. (unclear)

Unlike the PCO, article 232 does not suspend the entitlement of citizens to be treated equally under the law, and not be discriminated against on the basis of gender. 

There are certain rights that would be suspended under a Presidential emergency by have not been suspended in the Chief of Army Staff’s emergency. 

Namely the rights to conduct business and the protection of private property. 

And while the constitution does have provisions to suspend rights such as the freedoms of movement, assembly, association and speech…there are mechanisms which add a balance. 

For one unless a joint sitting of parliament approves the emergency, a Presidential emergency expires in two months. 

There is also precedence for a Presidential emergency under article 232 to be challenged in the Supreme Court. 

The PCO, however is a supra-constitutional document. And the current superior judiciary has taken oath under it.  



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The above is the text for a report on DawnNews. Independent TV channels are currently off air in Pakistan, except for those that have sattlites or high speed internet (see dawn.com and dawnnews.tv).

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