Right to Free and Compulsory Education in Pakistan after 18th Constitutional Amendment

Abstract

The Constitutions of India and Pakistan guarantee justiciable human rights and incorporate the Directive Principles of State Policy. Fundamental rights are justifiable through courts, while the principles of policy enjoy immunity from judicial interference. Right to education was constitutionally recognized as one of the principles of policy, not as a fundamental right in both countries. Although its status was earlier elevated from the directive principles of state policy to a fundamental right, owing to judicial activism, however, it was incorporated by a Constitutional Amendment in the Indian Constitution under Article 21-A. While in Pakistan, it was the 18th Amendment of the Constitution which elevated it to the status of a fundamental right. Resultantly, now it is subject to judicial review, under newly inserted Article 25-A. Now, the governments are obliged for its provision to all children, aging from five to sixteen years. Learning a lesson from the Indian recognition, Pakistan must cover its distance more swiftly and smartly, instead of wasting time in litigation or enactment of supportive legislation.