The Constitution of Pakistan outlines the country's framework for education and establishes the state's responsibility for providing education to its citizens. This ensures that education is recognised as a fundamental right and sets forth various provisions to achieve this goal.
Article 25-A of the Constitution of Pakistan, introduced by the 18th Amendment in 2010, mandates that the state provide free and compulsory education to all children between the ages of 5 and 16 years. This article asserts that "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." This provision accentuates the state's commitment to ensure that every child has access to basic education, thus laying the foundation for their future development and participation in society.
Article 37 of the Constitution outlines the principles of policy related to the promotion of social justice and eradication of social evils, including the promotion of education. Article 37(b) states that "The State shall remove illiteracy and provide free and compulsory secondary education within minimum possible period." This clause emphasises the state's role in combating illiteracy and ensuring that secondary education is accessible to all, aiming to create an educated and informed populace. Article 37(c) states, "Make technical and professional education generally available and higher education equally accessible to all on the basis of merit." This article highlights the importance of making technical and professional education widely available, ensuring that higher education opportunities are open to everyone, based on merit. This promotes equal opportunities for all citizens, encourages skill development, and promotes professional growth. Article 37(d) states, "Ensure inexpensive and expeditious justice." While primarily focused on justice, this clause also supports the broader aim of social welfare by ensuring citizens have access to justice in a timely and affordable manner. This contributes to a fair and equitable society, in which individuals' rights, including educational rights, are protected and upheld.
Article 38 of the Constitution outlines the promotion of social and economic well-being of the people, which includes education. Article 38(d) states, "The State shall provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment." This provision ensures that education, along with other basic necessities, is available to all citizens, thus fostering a more inclusive and supportive society.
The 18th Amendment to the Constitution devolved significant powers related to education in the provinces. This means that while the federal government has certain overarching responsibilities, provincial governments have primary responsibility for education within their jurisdictions. This decentralisation aims to make educational administration more efficient and responsive to local needs, allowing provinces to tailor their educational policies and programs to better serve their populations.
While constitutional provisions lay out a strong framework for the right to education, the practical implementation of these rights can vary and is subject to ongoing development and reform. Ensuring that these constitutional mandates are effectively implemented requires continuous effort, monitoring, and adaptation to address the challenges and needs of the education sector.