ENFORECEMENT OF FUNDAMENTAL RIGHTS WITH

SPECIAL REFRENCE TO ARTICLE 25-A OF THE

CONSTITUTION OF PAKISTAN 1973

Synopsis for LL.M thesis to be presented

at the Department of Law, NCBA&E

Supervisor
Mr. Attiq ur Rehman

Submitted By
Umair Ahmed

Reg. No. 1421630130

Enrollment Session: Fall-2016

NATIONAL COLLEGE OF BUSINESS ADMINISTRATION AND ECONOMICS

INTRODUCTION
It is mandated in the Constitution of Pakistan to provide free and compulsory education to all
children between the ages of 5-16 years and enhance adult literacy. With the 18th constitutional
amendment the concurrent list which comprised of 47 subjects was abolished and these subjects,
including education, were transferred to federating units as a move towards provincial autonomy.
Education is important for every person as well as the betterment of the economic condition of
country. But the education system in Pakistan in not capable to boost the economic condition of the
country and individual. There is no equal education system in Pakistan. A student who goes to school
to get educated is ended up with the pressure of how to get a job. There is a Public education system
which is owned by government and private education system and Madrsa () system in Pakistan. In
this education system there is lack of skill development, students are afraid of marks & percentage in
this way they are unable to show their capabilities and thinking approach.
The RTE campaign urges government officials to enforce education laws set forth in Article 25-A of
the Pakistani Constitution, which states "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.” But
state fails to insure this fundamental & constitutional right.

LITERATURE REVIEW
With more than half of its adult population unable to read and write, the country lacks a literate and
skilled human resource that can contribute in the development of the country. Low financing coupled
with inefficiency in budget spending and weak management have crippled the system, resulting in
poor education outcomes. The graph below shows Pakistan’s low education expenditure as a
percentage of GDP in comparison with its South Asia neighbors (Maldives, India, Nepal, Iran and
Sri Lanka) and countries with similar per capita income (Ghana and Burundi). (National Education
Policy Framework 2018, 2018)
Source: UNESCO Global Monitoring Report 2017-18

Education is a major contributor to the social and economic development of any country. It has the
power to unleash creativity and innovation amongst Pakistan’s more than 200 million human capital.
Pakistan thus has the responsibility, to equip its young people with knowledge creativity, critical
thinking and leadership skills so that they can make the right choices for themselves, their country
and play a responsible role as global citizens. This requires a clear understanding of challenges and
gaps related to the education system and find ways to address them. Pakistan faces significant
education challenges in providing uniform and quality education for all children. It systematically
performs lower than its South Asia neighbors and countries with similar per capita income. Pakistan
is also amongst the E91 countries that have the world’s highest out-of-school population.
(Global Education Monitoring Report UNESCO 2017/2018, 2017/2018)

SOURCE: GLOBAL EDUCTAION MONITORING REPORT UNESCO 2017/18

Yet up till now, the number of out of school children in the same age group is 25 million, making
Pakistan the country with the second highest population of out of school children. The latest Annual
Status of Education Report (ASER), 2015 revealed that almost half of the 10-year-old students have
only achieved the linguistic competence of a 6-year-old in either their mother tongue or in Urdu, the
national Language. The competency levels for English are abysmal. Only half of 10-year-old could
be tested to be competent in arithmetic expected of a seven-year-old. The other half, not even that!
Again, according to ASER report, 42% of government primary schools in the rural areas don’t have
electricity. 40% don’t have access to clean drinking water. 49% do not have functioning toilets.
(Taimur, 2017)
When annual provincial education budgets are under-spent, especially for development purposes,
and non-salary costs rise up to 50% it is not so much about lack of capacity but lack of bureaucratic
will.
(Jamil, 2016)
At present, Pakistan is in the throes of an education crisis – one in 10 out of school children (OOSC)
worldwide reside there. Of the estimated 127,000 government-run schools, 10.9 percent lack a
proper building, 33.9 percent lack water and 59.6 percent lack electricity. This results in a heavy
reliance on the private sector to provide educational opportunities. However, only a fraction of all
private schools is accessible to low-income students. Consequently, a large percentage of people who
cannot afford private institutions are, in effect, left with no access to education.
(UNESCO, 2013/2014)
OBJECTIVES
 Education system of Pakistan is very poor, student are unable to show their abilities because of
monopoly of percentage in studies.
 Student should be taught how to become a leader not a servant.
 Focus should be given to skill development rather than how to get marks.
 Single education system should be available for the whole country.
 National language should be prompted in every educational institution.

HYPOTHESIS
When your passion become profession than you become a genius. In this world there are over 22,000
professions but in our education system students are being pressurized to become doctor, engineers,
pilot etc. In this way we snatch his/her abilities which he/she is made for. Many of students achieved
their goals which are forcefully given to them and lots of them are failed and those who achieve their
goals are not capable to compete with modern world. So we are manufacturing the robots not genius.

SIGNIFICANCE
This topic is very much important for a country like Pakistan because more than half of its
population is less educated and didn’t know how to read and write. And this population is a huge
beerier on economy growth of the country but if we educate them and teach them new techniques
and skills, in this way this population can help for economic growth and many social evils can be
eradicated from the society. Pakistan can make scientist, economist and global leaders etc.

RESEARCH DESIGN AND METHODS

Methodology
Methodology is the study of description of methods. The basic purpose of this research is to describe
the procedure and steps that have been adopted in conducting the following research.
Method of Research
In this Research, quantitative method will be used. Researcher had followed rules of quantitative
research method.
Universe & Sampling
Universe for our research is whole Pakistan. Sample for this study is taken from different parts of
Pakistan.
Random Sampling
Simple random sampling is often called straight random sampling. The naming convention of this
type of probability sampling method is not indicative of the discipline but reliant upon the researcher
or author according to my needs.
Tools for Data Collection
For data collection the tool used was questionnaire, researcher tried to designed questionnaire
according to objective of study. And interview schedule was also conducted for eliminating biased
opinion.
Plan
Firstly I’ll prepare a questionnaire, in this questionnaire there will be equations according to research
and after collecting data from random sampling. After getting data I will tabulate my date into
different classes and then I will use different statistical formulas to get result of my study.
REFERENCE
Global Education Monitoring Report UNESCO 2017/2018. (2017/2018). 14.
Jamil, B. R. (2016). Right to education: where do we stand? DAWN, 5.
National Education Policy Framework 2018. (2018). 14.
Taimur, S. (2017). What is the status of Article 25-A (Right to Education). Educationist, 5.
UNESCO. (2013/2014). UNESCO EFA GLOBAL MONITORING REPORT 2013/14. educate a
child, 8.