Constitutional Rights and Access to Justice in Pakistan: A Comprehensive Analysis with Case Laws

Abstract

Human rights and access to justice are fundamental pillars of any democratic society, serving as the bedrock for the protection of individual liberties and the rule of law. In Pakistan, where the Constitution of 1973 embodies principles of democracy, rule of law, and protection of fundamental rights, understanding the interplay between international human rights standards, constitutional provisions and mechanisms for access to justice is paramount. This research studies international standards on access to justice, examines the constitutional framework governing rights and justice in Pakistan, explores key provisions, landmark case laws, and the roles of relevant institutions.
The research delves into international principle and guidelines on access to justice, the constitutional provisions safeguarding fundamental rights, including the right to life, liberty, equality, and due process, as enshrined in Articles 4, 9, 10, 14, and 25, (Constitution,1973) among others. It analyzes significant case laws from the Supreme Court of Pakistan which have shaped jurisprudence on constitutional rights and access to justice. Furthermore, the research highlights the roles of institutions like the judiciary, human rights commissions, legal aid organizations, and ombudsman institutions in promoting and protecting constitutional rights and facilitating access to justice for all citizens. By critically examining the constitutional provisions, case laws, and institutional frameworks, this research aims to provide insights into the challenges and opportunities in realizing constitutional rights and access to justice in Pakistan. It seeks to identify gaps in the legal framework, propose reforms for enhancing access to justice mechanisms, and offer recommendations for strengthening the protection of constitutional rights in line with international standards and best practices. Ultimately, this research contributes to the discourse on the intersection of international human rights law, constitutional law, and access to justice in the Pakistani context, with implications for policy, legal practice, and societal development.