Constitutional exceptions of right to speech: Evidence from the apex courts of Pakistan

Abstract

Every right is subject to some correlated duty. The Constitution of Pakistan has envisaged certain limitations on the ultimate right to speech. Unqualified fundamental rights ought not to exist in a society. Freedom of speech is known as a pre-condition to all sorts of fundamental rights yet has certain limitations regarding its enjoyment. The restriction on the basic right to speech under the Constitution can be stated as the problem statement of this research. While unveiling the restrictions provided in the Constitution of Pakistan is the basic research question and the research objective is to find out the adequacy of restrictions regarding freedom of speech and draw an inference in the light of case laws. The following article’s qualitative research comprises a case law study that elaborates judicial precedents regarding limitations on freedom of speech. This research article emphasizes that the right of freedom of speech must prevail in all the circumstances, yet the citizens are also accountable and have to face the music otherwise. On the other hand, the court must remain impartial while interpreting the Constitution with the prudent mind in a broader spectrum. The theory of necessity must be buried under the deep layers of earth.