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Article 10-A as a Fundamental Right - Printable Version

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Article 10-A as a Fundamental Right - HA_Law_Graduate - 27-08-2025

What is Article 10-A?
Article 10-A was added to the Constitution of Pakistan through the 18th Amendment in 2010. It says: “For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process.” Simply, it guarantees that whenever someone’s rights or liabilities are being decided, or when someone is accused of a crime, the process must be fair, transparent, and according to law.
What was the position before Article 10-A?
Before Article 10-A, the idea of fair trial and due process existed in Pakistan’s legal system, but it was not expressly present in the Constitution. Courts relied on general principles of natural justice, such as giving a person the right to be heard ‘audi alteram partem’ and ensuring impartiality. These principles were applied by judges through interpretation, but they were not recognized as a separate, explicit constitutional right. By adding Article 10-A, Pakistan made the right to a fair trial a fundamental right.
Principles Flowing from Article 10-A
1)     Fair Trial
After its introduction in the 18th Amendment, Pakistani courts started interpreting Article 10-A to clarify what fair trial and due process means. In 2020 PLD 334 SC, the court outlined fair trial to include:
1.    Right to know the charges against you.
2.    Right to have a lawyer.
3.    Right to present evidence and cross-examine witnesses.
4.    Right to be heard before any decision affecting your rights is made.
5.    Right to have an impartial and competent tribunal.
 
2)     Due Process
In the case reported as 2011 SCMR 408, the Supreme Court of Pakistan explained due process it in a way that it includes but is not limited to:
1.   Due notice of proceedings.
2.   Reasonable opportunity to defend oneself.
3.   A tribunal or court that is impartial and honest.
4.   The tribunal must have proper jurisdiction (legal authority).
How due process affects the rights of a person
Due process protects individuals from arbitrary decisions of the government, courts, or institutions. It ensures no one can be punished, deprived of liberty, or denied their rights without a fair chance to defend themselves. For example, a person cannot be convicted in a criminal case without being given notice of the charges, a chance to hire a lawyer, and the right to present their side. Similarly, in civil or administrative matters, a person cannot be dismissed from service or deprived of property without being heard.
To summarize, due process balances the power of the State with the rights of the individual. It acts as a shield again
st unfair treatment and guarantees justice not just in outcomes, but also in the procedures leading to those outcomes.