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Exploring the Linkages: Right to Education in the Constitution of Pakistan 1973

This analysis delves into the comprehensive nature of Article 25-A in the Pakistani Constitution, relating it to Fundamental Rights and Principles of Policy. Detailing the state's obligation to provide free and compulsory education to children aged 5 to 16, the study highlights the critical connection between education as a human and constitutional right. It juxtaposes Article 25-A with other relevant constitutional provisions, shedding light on its significance and implications for the education system. Additionally, it discusses extending the right to education beyond primary level, focusing on a case involving higher education access. The study underscores the importance of education in fostering social justice and promoting overall well-being in Pakistani society.

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Exploring the Linkages: Right to Education in the Constitution of Pakistan 1973

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  1. The Constitution of the Islamic Republic of Pakistan 1973: Fundamental Rights & Principles of Policy - Linkages with Right to Education 25-A Article 25 A“The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law” Prepared by: Saif Quadri

  2. Juxtaposing 25 A RTE with Fundamental Rights and Principles of Policy The Links Are Critical to Understanding 25 A as a comprehensive Human & Constitutional Right The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.

  3. Constitution of the Islamic Republic Of Pakistan 1973: Part II-Fundamental Rights and Principles of Policy – Chapters 1 and 2 Articles 7 - 40 http://www.pakistani.org/pakistan/constitution/part2.ch1.html

  4. Fundamental Rights Part II-Chapter 2 Articles 7-28 http://www.pakistani.org/pakistan/constitution/part2.ch1.html • Freedom of speech, etc. 19A. Right to information. • Freedom to profess religion and to manage religious institutions • Safeguard against taxation for purposes of any particular religion • Safeguards as to educational institutions in respect of religion, etc • Provision as to property • Protection of property rights • Equality of citizens25A. Right to education • Non-discrimination in respect of access to public places • Safeguard against discrimination in services • Preservation of language, script and culture • Laws inconsistent with or in derogation of fundamental rights to be void. • Security of person • Safeguards as to arrest and detention10A. Right to fair trial • Slavery, forced labour, etc., prohibited • Protection against retrospective punishment • Protection against double punishment and self-incrimination • Inviolability of dignity of man, etc. • Freedom of movement, etc. • Freedom of assembly • Freedom of association • Freedom of trade, business or profession

  5. Part II-Chapter 2: Principles of PolicyArticles 29-40 • Principles of Policy • Responsibility with respect to Principles of Policy. • Islamic way of life. • Promotion of local Govt institutions. • Parochial and other similar prejudices to be discouraged • Full participation of women in national life. • Protection of family life, etc. • Protection of minorities. • Promotion of social justice and eradication of social evils. • Promotion of social and economic well-being of the people. • Participation of people in Armed Forces. • Strengthening bonds with Muslim world and promoting international peace. http://www.pakistani.org/pakistan/constitution/part2.ch2.html

  6. Extending 25 A for Higher Education In Court Cases- Kiran Shahzadivs.Quaid-e-Azam University (2011)

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