This document summarizes the linkages between Article 25A of the Constitution of Pakistan, which guarantees the right to free and compulsory education for children ages 5 to 16, and the broader Fundamental Rights and Principles of Policy laid out in the Constitution. It analyzes how several Fundamental Rights, such as security of person, freedom of movement, and equality of citizens, as well as Principles of Policy around social justice, economic well-being, and strengthening ties with the Muslim world, are critically linked to and help inform the understanding and implementation of the right to education under Article 25A. The document argues that considering these linkages is important for comprehending Article 25A as a comprehensive human and constitutional right.

1. The Constitution of the Islamic Republic of Pakistan 1973:
Fundamental Rights & Principles of Policy
- Linkages with Right to Education 25-A
PREPARED BY: SAIF QUADRI
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”

2. Juxtaposing 25 A RTE with Fundamental Rights and Principles of
Policy
Principles of
Policy
Fundamental
Rights
25 A
RTE
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
Article 7
Definition of the State
In this Part, unless the context otherwise requires, "the State" means the Federal
Government, [Majlis-e-Shoora (Parliament)] , a Provincial Government, a Provincial
Assembly, and such local or other authorities in Pakistan as are by law empowered to
impose any tax or cess.
http://www.pakistani.org/pakistan/constitution/part2.ch1.html

4. Fundamental Rights
Part II-Chapter 2 Articles7-28
http://www.pakistani.org/pakistan/constitution/part2.ch1.html
8. Laws inconsistent with or in derogation of
fundamental rights to be void.
9. Security of person
10. Safeguards as to arrest and detention
10A. Right to fair trial
11. Slavery, forced labour, etc., prohibited
12. Protection against retrospective punishment
13. Protection against double punishment and self-
incrimination
14. Inviolability of dignity of man, etc.
15. Freedom of movement, etc.
16. Freedom of assembly
17. Freedom of association
18. Freedom of trade, business or profession
19. Freedom of speech, etc.
19A. Right to information.
20. Freedom to profess religion and to
manage religious institutions
21. Safeguard against taxation for
purposes of any particular religion
22. Safeguards as to educational
institutions in respect of religion, etc
23. Provision as to property
24. Protection of property rights
25. Equality of citizens
25A. Right to education
26. Non-discrimination in respect of access
to public places
27. Safeguard against discrimination in
services
28. Preservation of language, script and
culture

5. Fundamental Right How it links to 25-A
9. Security of person No person shall be deprived of life or liberty.
Liberty defined as “each of those social and political freedoms which are
considered to be the entitlement of all members of a community” - Oxford
English Dictionary
Acquiring education is a social freedom and thus a right of all members
of the community.
11. Slavery, forced labour, etc.,
prohibited
(2) All forms of forced labour and traffic in human beings are prohibited
(3) No child below the age of fourteen years shall be engaged in any
factory or mine or any other hazardous employment.
No child must be forced to engage in any sort of work, dangerous or
otherwise, especially in lieu of acquiring education.
14. Inviolability of dignity of man (1) The dignity of man and, subject to law, the privacy of home, shall be
inviolable.
Right to receive a quality education strongly linked to personal dignity,
and denial of same could be considered violation of personal dignity.

6. Fundamental Right How it links to 25-A
15. Freedom of movement Every citizen shall have the right to remain in, and, subject to any reasonable
restriction imposed by law in the public interest, enter and move freely
throughout Pakistan and to reside and settle in any part thereof.
Therefore, all citizens 5-16 have a right to acquire education in any region
of Pakistan, provided they are resident in that region.
16. Freedom of assembly Every citizen shall have the right to assemble peacefully and without arms,
subject to any reasonable restrictions imposed by law in the interest of public
order.
This can apply to schools and other forms of educational institutes. Right of
students and teachers and educational staff to assemble/protest in case of
unfair treatment.
17. Freedom of association (1) Every citizen shall have the right to form associations or unions, subject to
any reasonable restrictions imposed by law in the interest of sovereignty or
integrity of Pakistan, public order or morality.
Students/teachers allowed to form unions, take collective action, organize,
etc.

7. Fundamental Right How it links to 25-A
18. Freedom of trade, business or
profession
Subject to such qualifications, if any, as may be prescribed
by law, every citizen shall have the right to enter upon any
lawful profession or occupation, and to conduct any lawful
trade or business.
Receiving a quality education often a prerequisite for
professional work, trade, business.
Right to work in the field of education.
19. Freedom of speech, etc.
19A. Right to information
Every citizen shall have the right to freedom of speech and
expression…subject to any reasonable restrictions imposed
by law…; Every citizen shall have the right to have access to
information in all matters of public importance subject to
regulation and reasonable restrictions imposed by law.
Teachers and students allowed to freely express views
and opinions in schools. Allowed to access public
information that would complement education.

8. Fundamental Right How it links to 25-A
22. Safeguards as to educational institutions in respect
of religion, etc.
(1) No person attending any educational institution shall be required
to receive religious instruction…if such instruction…relates to a
religion other than his own.
(3) (a) no religious community… shall be
prevented from providing religious instruction
for pupils of that community… in any
educational institution maintained wholly by
that community…
(b) no citizen shall be denied admission to any
educational institution receiving aid from
public revenues on the ground only of race,
religion, caste or place of birth.
(4) Nothing in this Article shall prevent any public authority from
making provision for the advancement of any socially or
educationally backward class of citizens.
This article deals with the right to education pertaining to religion
and religious communities.
24. Protection of property rights (1) No person shall be compulsorily deprived of his property save in
accordance with law.
Private educational institutions and their ownership covered under
this article.

9. Fundamental Right How it links to 25-A
25. Equality of citizens
25A. Right to education
(1) All citizens are equal before law and are entitled to
equal protection of law.
(2) There shall be no discrimination on the basis of sex
(3) Nothing in this Article shall prevent the State from
making any special provision for the protection of women
and children.
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.
26. Non-discrimination in respect of access to
public places
(1) In respect of access to places of public entertainment
or resort not intended for religious purposes only, there
shall be no discrimination against any citizen on the
ground only of race, religion, caste, sex, residence or place
of birth.
(Could apply to access to educational institutions?)
28. Preservation of language, script and culture …any section of citizens having a distinct language, script
or culture shall have the right to preserve and promote
the same and subject to law, establish institutions for that
purpose.
Right to receive education in regional languages;
curriculums to take local, regional cultures into account?

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

11. 31. Islamic way of life. (1) Steps shall be taken to enable the Muslims of Pakistan…to order
their lives in accordance with the fundamental principles and basic
concepts of Islam and to provide facilities whereby they may be
enabled to understand the meaning of life according to the Holy Quran
and Sunnah.
(2) The state shall endeavour, as respects the Muslims of Pakistan :- (a)
to make the teaching of the Holy Quran and Islamiat compulsory, to
encourage and facilitate the learning of Arabic language and to secure
correct and exact printing and publishing of the Holy Quran;
Right to receive religious education, based on Quran and Sunnah, for
all Muslim children.
32. Promotion of local Govt
institutions.
The State shall encourage local Government institutions composed of
elected representatives of the areas concerned
Related to provision of educational services at local level.
33. Parochial and other similar
prejudices to be discouraged
The State shall discourage parochial, racial, tribal, sectarian and
provincial prejudices among the citizens.
Right to receive education in an environment free of prejudices,
biases and bigotry.

12. Principle of Policy How it links to 25-A
35. Protection of family life, etc. The State shall protect the marriage, the family, the mother and
the child.
A quality education could result in a better family life in the long
run.
36. Protection of minorities. The State shall safeguard the legitimate rights and interests of
minorities
Right to quality education for all minority children.
37. Promotion of social justice
and eradication of social evils.
The State shall:
(a) promote, with special care, the educational and economic
interests of backward classes or areas
(b) remove illiteracy and provide free and compulsory secondary
education within minimum possible period
(c) make technical and professional education generally available
and higher education equally accessible to all on the basis of merit
(f) enable the people of different areas, through education, …and
other methods, to participate fully in all forms of national activities
Strong links with Right to Education (all levels), inclusive of
children from vulnerable backgrounds.

13. Principle of Policy How it links to 25-A
38. Promotion of social and
economic well-being of the
people.
The State shall :
(a) secure the well-being of the people, irrespective of sex, caste,
creed or race, by raising their standard of living…
Acquiring education a path to better standard of living
(d) provide basic necessities of life, such as food, clothing. housing,
education and medical relief, for all such citizens…as are
permanently or temporarily unable to earn their livelihood on
account of infirmity, sickness or unemployment
Provision of education for the sick and the vulnerable.
40. Strengthening bonds with
Muslim world and promoting
international peace.
The State shall endeavour to preserve and strengthen fraternal
relations among Muslim countries based on Islamic unity, support
the common interests of the peoples of Asia, Africa and Latin
America, promote international peace and security, foster goodwill
and friendly relations among all nations and encourage the
settlement of international disputes by peaceful means.
Could be linked with cooperation with Islamic world + other
regions in education sector.

14. Extending 25 A for Higher Education In Court Cases-
Kiran Shahzadi vs.Quaid-e-Azam University (2011)