Constitutionalism and limited speech in Pakistan: A liberal critique

Abstract

Under the article 19 of the Constitution of Pakistan 1973 certain limitations are imposed on the right to freedom of expression which are under discussion in this research. The right to freedom of expression should be absolute specially in the countries like Pakistan where the democracy has been adopted. But it is observed that due to the limitations which are mentioned in the article 19 the right to freedom of expression has been curbed to greater extent. There is need to re-evaluate and reconsider the limitations which are imposed on the right to freedom of expression and Pakistan under the constitution. Rationale behind the implementation of these limitations is to restrict the excessive use of the right to freedom of expression beyond the limits which may be dangerous for the state. In such situation, right to freedom of expression cannot be used by the public in an effective way against the government bodies and other authorities. It is evidenced that the limitations which are imposed on the right to freedom of expression they are negatively implemented by the authorities for their own benefits in order to suppress the voice of public. In this way the abuse of power has become easier for the authoritative people. This is because flaws exist in the legal limitations which are imposed on the right to freedom of expression under the constitution. It is the need of time that the limitations which are imposed on right to freedom of expression they are reconsidered by the legislature in order to amend them and make sure that there remain no chance for the misuse of these limitations.