article 17 freedom of association
[17. Freedom of association. (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.
(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
(3) Every political party shall account for the source of its funds in accordance with law.]
Footnotes:
- Section 6 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 17, in its present form, (w.e.f. April 19, 2010), in place of Art. 17 as amended by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. December 31, 2003), that read :
- Freedom of association—(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of a[sovereignty or integrity of Pakistan, public order or morality.]
b[(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan c[or public order] and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, c[or public order] the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final d[:]
d[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group of section.]
(3) Every political party shall account for the source of its funds in accordance with law.]
e[(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.]
a. Section 3 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975) substituted the said words in place of the words ” morality or public Order”, in clause 1 of Art. 17, (w.e.f. November 21, 1975).
b. Section 4 of the Constitution (First Amendment) Act, 1974 (33 of 1974) substituted clauses (2) and (3) of Art. 17, in their present form, (w.e.f. May 4, 1974), in place of clause (2) as adopted in 1973, that read :
“(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party. Every political party shall account for the source of its funds in accordance with law.”
c. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the insertion in clause (2) of Art. 17, (w.e.f. December 31, 2003). Item 1 of the schedule to the Legal Framework Order, 2002, Chief Executive Order No. 24 of 2002, (hereinafter referred to as LFO (C.E.O. No. 24 of 2002)), had inserted the said words in clause (2) of Art. 17, (w.e.f. August 21, 2002).
d. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition of the proviso at the end of clause (2) of Art. 17, (w.e.f. December 31, 2003). Item 1 of the schedule to LFO (C.E.O. No. 24 of 2002), had substituted a colon, in place of the full stop, at the end of clause (2) of Art. 17 and added the said proviso thereto, (w.e.f. August 21, 2002).
e. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition of clause (4) to Art. 17, (w.e.f. December 31, 2003). Item 1 of the schedule to LFO (C.E.O. No. 24 of 2002), had added the said clause (4) to Art. 17, (w.e.f. August 21, 2002).
Comparative Table of Article 17 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(II.7)
Constitution of Pakistan 1956 :
10
Constitution of India 1950:
19
Government of India Act 1935:
–
Leading & Latest Cases on Article 17 of the Constitution of Pakistan, 1973 :
P L D 1988 SC 416 BENAZIR BHUTTO FEDERATION OF PAKISTAN AND ANOTHER
P L D 1992 LAHORE 462
NATIONAL INDUSTRIAL COOPERATIVE CREDIT CORPORATION AND ANOTHER
PROVINCE OF PUNJAB AND ANOTHER
P L D 1999 SC 57 SARDAR FAROOQ AHMED KHAN LEGHARI FEDERATION OF PAKISTAN AND OTHERS
P L D 2000 SC 869
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
P L D 2002 SC 994
PAKISTAN MUSLIM LEAGUE (Q) AND OTHERS
CHIEF EXECUTIVE OF ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS
P L D 2005 LAHORE 150
MUHAMMAD RAFIQUE
FEDERATION OF PAKISTAN
P L D 2005 SC 719
PAKISTAN LAWYERS FORUM AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
P L D 2012 SC 681 WORKERS PARTY PAKISTAN THROUGH AKHTAR HUSSAIN, ADVOCATE, FEDERATION OF PAKISTAN AND 2 OTHERS
P L D 2013 SC 1 AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHERS
