ARTICLE 4

4. Right of individuals to be dealt with in accordance with law, etc. (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Wherever he may be, and of every other person for the time being within Pakistan.

(2) In particular—

(a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

(b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and

(c) no person shall be compelled to do that which the law does not required him to do.


— Right of individuals to be dealt with in accordance with law — Elimination of exploitation — Scope — To enjoy the protection of law and to be treated in accordance with law is an inalienable right of every citizen — The sagacity of Article 4 accentuates the doctrine of equality before law or equal protection of law and no action detrimental to the life, liberty, body, reputation, or property of any person can be taken except in accordance with law — In all fairness, the public functionaries are duty-bound to perform in good faith with sheer dedication but within the peripheries of their powers — To ensure equal treatment, being mindful to the tenets and precepts enshrined under Article 3 of the Constitution — Wherein the State is obligated to ensure the elimination of all forms of exploitation and commit to the gradual fulfillment of the fundamental principle: “from each according to his ability, to each according to his work.” — Which is further fortified under Article 38 (Principles of Policy) — Wherein, yet again, the State has a duty to secure the well-being of the people by raising their standards of living — Ensuring equitable adjustment of rights between employer and employees — Providing for all citizens, within the available resources of the country, facilities for work and adequate livelihood, and reducing disparity in income and earnings of individuals. [2025 SCLR 3 = 2025 SCMR 14 = 2024 SCP 412]

— Right of individuals to be dealt in accordance with law, etc — Scope — The edifice of the government and the powers ascribed to the different parts of its structure are as defined by the law, with it being a cardinal duty of Government to preserve the rule of law and ensure compliance of constitutional provisions — As such, no executive authority can take any executive action without the backing and support of a valid law, else such exercise will be void and liable to be struck down as such. [2024 CLS 6 = 2022 CLC 1848 = 2024 CLC 53]

— To enjoy the protection of law and to be treated in accordance with the law is the inalienable right of every citizen — The purposefulness of Article 4 of the Constitution is to ascribe and integrate the doctrine of equality before law or equal protection of law, and no action detrimental to the life and liberty of any person can be taken without due process of law — Public functionaries are supposed to execute and perform their duty in good faith, honestly and within the precincts of their legally recognized powers so that the person concerned may be treated in accordance with law. [2024 SCLR 33 = 2024 SCMR 181 = 2023 SCP 355]

— Right of individuals to be dealt in accordance with law — Scope — It is the duty of every court to implement the enforced laws and to decide the disputes in accordance therewith, rather than on the basis of compassion — The courts cannot grant any relief in breach of the law nor create a right in favour of a litigant which the latter does not possess by or under the law — Compassion and hardship cannot be relevant considerations when there is no scope for it in the relevant laws. [2024 SCLR 8 = 2023 SCP 319 = 2024 SCMR 46]

— Right of individuals to be dealt in accordance with law — Scope — It is the requirement of Article 4 of the Constitution that for an action of an administrative body or tribunal to be clothed with legality the public authority must not have exceeded its statutory power. [PLR 2024 Islamabad 1 = PLD 2024 Islamabad 1]