FAIR TRIALS ARTICLE 10-A CONSTITUTION OF PAKISTAN, ARTICLE 6 OF THE HUMAN RIGHTS ACT 1998 & ARTICLE 6 OF THE ECHR

Abstract

This article examines the scope and application of Article 10-A of the Constitution of Pakistan, which guarantees the fundamental right to a fair trial and due process. Introduced through the Eighteenth Constitutional Amendment, Article 10-A reflects Pakistan’s commitment to constitutionalism, judicial independence, and international human rights standards. The study analyzes how Pakistani courts have interpreted this provision, particularly in relation to the admissibility of unlawfully obtained evidence and procedural fairness. Drawing upon constitutional jurisprudence, comparative legal perspectives, and relevant case law, the article highlights the evolving judicial approach toward balancing individual rights with the interests of justice. Special attention is given to the influence of Article 6 of the European Convention on Human Rights and the principles articulated in international legal systems. The discussion demonstrates that Pakistani courts increasingly emphasize transparency, equality of arms, and access to justice as essential components of a fair trial. However, inconsistencies in judicial reasoning and practical challenges in implementation continue to affect the effective realization of this right. The article argues that a coherent and principled application of Article 10-A is necessary to strengthen public confidence in the legal system and ensure constitutional supremacy. It concludes that sustained judicial training, legislative reforms, and adherence to international best practices are vital for embedding the right to fair trial within Pakistan’s legal framework and promoting the rule of law.