What are your fundamental rights of trade, business or profession?




The article 18th of the constitution of Pakistan ensure that every citizen has the freedom (fundamental right) of trade, business or profession according to qualification, if any, as may be prescribed by law, this article further explains that every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct lawful trade or business subject to some legal exceptions.

Same as the article 23 says that every citizen shall have the right (fundamental rights) to acquire, hold and dispose of the property in any part of Pakistan, the article 24 says that no person shall be deprived of his property save in accordance with the law.

The purpose of stating these two articles which are part of a chapter of fundamental rights of the constitution and the protection of these rights is the primary duty of the state.

18th amendment and local people’s right on resources:

In 18th amendment, some special clauses were inserted in the constitution to make sure that the local people shall have the preferred right on resources existed in certain areas of provinces. So it is recognized and the well-settled principle that the citizen of Pakistan has the first right on the resources of Pakistan as the right to have a job, trade, business and property in Pakistan.

Due to the war on terror and other regional destabilization in the late seventies, millions from neighbor country nationals were migrated to Pakistan as refugees and their next generations born in Pakistan. Now they are living here as their homeland and are doing jobs, trade, and businesses in all big cities of Pakistan. If you visit remote areas, you will find laborer are cutting trees in fields/jungles but one cannot recognize who they are.

Unfortunately, due to lack of knowledge in our remote backward areas, there is no concept of proper documentation like sale/purchase agreements, registration of business and any other document which revealed the addresses of parties and business details or respective registered offices addresses. Locals of these districts are selling their trees to them and getting cash at the time having verbal sale agreement.

Know about the purchasing party:

One has a need to know who is the purchasing party is and where do they belong. In our major cities of Pakistan, there is always a doubt that who is selling paan, cigarettes, tea, and food at next khokha/dhaba. The other hand our government is requesting to the gulf countries to get labor from us maximum because our 70 to 80% of youth is jobless. Now as the CEPEC is in full swing and which will prove game-changer for Pakistan’s economy is.

We should make sure that laborer/technician, associate engineering and another helping, none technical staff should not be hired from the other countries, our youth should have the right to have jobs and business and can earn bread for their families.

As our millions of people working in gulf countries and other parts of world and living away from their homes and are playing role of backbone in our economy so our government should make sure that in our domestics jobs, small-medium businesses generated by any resource or major project should run by our own people in the light of constitutional clauses which are fundamental rights of every Pakistani.

Naeem Khan Qaisrani

Practicing lawyer

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