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The Fundamental Right to EDUCATION

The Fundamental Right to EDUCATION

By: Muhammad Usama

Is the state fulfilling its responsibility?

Ever since the dawn of modern civilization, education has played a pivotal role in building, nourishing and sustaining societies. It is only after the Renaissance, Rebirth and Reformation, egged on by printing of books (Bible was one of them) that Europe was saved from the Dark Ages and it ushered in an era of modernization and reform which continued to become the benchmark for the whole world. The role of education in any context is as important as life itself. In today’s world, it has enhanced manifolds and has, thus, become a necessary condition for a society or a country that looks forward to progress, build and sustain its polity and ideology.

Around the globe, people, organizations and institutions work and strive to unlock the enormous potential of their youth. Pakistan abounds with this precious asset. It is the second largest country in terms of young population. However, with political, social and economic quagmires, the views of our politicos have become myopic. There is an urgent need to resurrect the institutions of our country and make them assume their responsibility and the role which they ought to play for the dissemination of knowledge and education.

Being a lawyer, I would like to touch upon the legal dimension through this research article to prove that it is not only our moral duty but a legal obligation as well.

With the 18th Constitutional Amendment, the subject of education has fallen into the exclusive domain of the provinces. This is one of the reasons why the Eighteenth Amendment Act is popular for its element of provincial autonomy.

The federal legislature has the power to legislate on the subject of education to the extent of federal territory only. But as for provinces, it cannot enact legislation except in the matters pertaining to higher education and research, scientific and technical institutions which fall within Part II of Federal Legislative List.

In Rana Aamer Raza Ashfaq and another Vs. Dr. Minhaj Ahmad Khan and another [2012 SCMR 6] the abovementioned view was maintained as:

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