Fundamental rights are the cornerstone of constitutional democracies, protecting individuals from arbitrary state action and ensuring human dignity. However, an important constitutional question arises: are these rights absolute, or can they be restricted? A comparative study of different legal systems shows that while fundamental rights are vital, they are not absolute.

Nature of Fundamental Rights

Fundamental rights are constitutionally guaranteed and judicially enforceable rights. Their purpose is to safeguard liberty and equality. However, no society can function if individual freedoms are completely unrestricted. Therefore, most legal systems recognize rights as subject to reasonable limitations.

Pakistan’s Constitutional Position

Under the Constitution of Pakistan, 1973, fundamental rights are guaranteed in Articles 8 to 28. Rights such as freedom of speech, movement, and assembly are expressly subject to reasonable restrictions in the interests of public order, morality, and national security. Pakistani courts have consistently held that fundamental rights must be balanced with collective societal interests.

Comparative Perspective

In India, fundamental rights under Part III of the Constitution are subject to reasonable restrictions, with courts applying the doctrine of proportionality.
In the United States, constitutional freedoms like speech are strongly protected but limited where public safety and order are threatened.
In the United Kingdom, most rights under the Human Rights Act 1998 are qualified and may be restricted for legitimate state objectives.

Absolute Rights: An Exception

Very few rights are considered truly absolute. International law recognizes certain non-derogable rights, such as freedom from torture and slavery. However, these are limited exceptions rather than the general rule.

Conclusion

Fundamental rights are essential for democracy, but they are not absolute. Comparative constitutional practice shows that rights can be restricted, provided such restrictions are lawful, reasonable, and proportionate. The real protection of fundamental rights lies in judicial oversight and constitutional balance, not in absolute freedom.