Few constitutional rights touch daily life as directly as the right to own property. Article 23 of the Constitution of Pakistan 1973 protects it in plain terms: every citizen has the right to acquire, hold and dispose of property in any part of Pakistan.
Quick answer: Article 23 protects property rights: every citizen may acquire, hold and dispose of property anywhere in Pakistan, subject to reasonable restrictions imposed by law.
In this guide
- What Article 23 guarantees
- A fundamental right with built-in limits
- Article 23 and Article 24
- Why property rights matter in Pakistan
- The public-interest test
- Frequently asked questions
- What is Article 23 of the Constitution of Pakistan?
- Can the government take my property?
- Does Article 23 let me buy property anywhere in Pakistan?
- What counts as a “reasonable restriction” on property?
What Article 23 guarantees
The article covers the full cycle of ownership. To acquire is to buy, inherit or otherwise obtain property. To hold is to keep and possess it without arbitrary interference. To dispose of is to sell, gift, mortgage or transfer it as the owner chooses. And the phrase “in any part of Pakistan” matters: a citizen of one province cannot be shut out of owning property in another. The right is national in scope, reflecting the federation the Constitution creates.
A fundamental right with built-in limits
Article 23 sits among the fundamental rights in Part II of the Constitution, which means it is enforceable by the superior courts. But the article itself states its own boundary: the right is “subject to the Constitution and any reasonable restrictions imposed by law in the public interest.” Property rights in Pakistan are therefore strong but not absolute. The state may regulate ownership — through zoning laws, building regulations, land-use planning and taxation — and may impose reasonable restrictions where the public interest genuinely requires it. What the state may not do is impose arbitrary or discriminatory restrictions, or use regulation as a disguised confiscation.
Article 23 and Article 24
Article 23 is best read with Article 24, its immediate neighbour. Where Article 23 declares the right to property, Article 24 protects it: no person may be compulsorily deprived of property except in accordance with law, and compulsory acquisition for a public purpose requires compensation. The two articles divide the work — Article 23 establishes the right, Article 24 guards it against the state’s power of eminent domain. Together they mean the government can take your land for a road or a dam, but only by lawful authority, for a public purpose, and with compensation.
Why property rights matter in Pakistan
Property disputes are among the most common cases in Pakistan’s courts, and the constitutional guarantee underlies them all:
- It secures the savings of ordinary families, for whom a house or a plot is often the largest asset they will ever hold — a stake visible in every revival of the real estate market and every change to housing finance rules.
- It protects overseas Pakistanis, whose property in Pakistan is a frequent target of fraud and illegal occupation — the reason for special courts for overseas Pakistanis’ property disputes.
- It sets the standard against which tax and municipal disputes are judged, such as the double property tax row facing G-13 and G-14 residents in Islamabad — regulation must remain reasonable.
- It underpins investment and economic activity: secure property rights are the foundation on which credit, construction and commerce are built.
The public-interest test
The phrase “reasonable restrictions imposed by law in the public interest” is doing heavy work in Article 23. Three conditions are packed into it: the restriction must be reasonable (proportionate to its aim, not excessive), it must be imposed by law (not by executive whim), and it must serve the public interest (not private or political ends). Courts testing a property regulation ask, in effect, whether all three are satisfied. A restriction failing any of them risks being struck down as unconstitutional.
Frequently asked questions
What is Article 23 of the Constitution of Pakistan?
Article 23 is the fundamental right to property: every citizen may acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and reasonable restrictions imposed by law in the public interest.
Can the government take my property?
Only in accordance with law. Article 24 adds that compulsory acquisition must be for a public purpose and accompanied by compensation. Arbitrary seizure without legal authority violates the Constitution.
Does Article 23 let me buy property anywhere in Pakistan?
Yes — the right applies “in any part of Pakistan.” A citizen cannot be barred from owning property in another province on that ground alone, though reasonable legal restrictions (such as local land regulations) still apply.
What counts as a “reasonable restriction” on property?
Restrictions imposed by law that are proportionate and genuinely serve the public interest — such as zoning, building codes and fair taxation. Arbitrary, discriminatory or excessive restrictions can be challenged in court.
