Abstract:

Abstract

Education is the only opportunity for a nation to attain sustainable development among rapidly changing nations across the globe in the 21st century. For that reason education has been recognized a fundamental right to the citizens of modern states of the contemporary world. Every state has secured this fundamental right of citizens through constitutional provisions. Constitutional provisions provide a guiding framework for the action taken by the responsible authorities of the state. The current study investigated the constitutional provisions of Pakistan and South Korea for the education of general people. Both the countries have made provisions for education and both have made different attempts to realize these provisions in the true sense. The constitution of Pakistan 1973 mentioned education as a subject in Article 25A, 37, and 38 (d) which states the government will eradicate illiteracy in minimum possible time, and education at secondary level will be free and compulsory for all the citizens of the state. On the other hand article 31 of the Korean constitution explains the educational commitments of the state. The efforts made by both the states in implementing the constitutional provisions have made the difference in the educational achievement of both the states. Pakistan having 58% literacy rate as compared to 99% literacy rate of South Korea illustrate the variations. All the governmental policies have three elements; Sustainability, Outreach, and Impact. Despite of sustainability and outreach sometimes desired results do not come from the policy due to ineptness of impact factor. Therefore this study will assess the impact factor of the constitutional provisions of Pakistan and South Korea prerequisite to free and compulsory quality education

Key Words:

Introduction

Modern states of the egalitarian world are different from that of the primordial states in many respects. The most important difference among modern and primordial states is that of the constitution of modern states. State constitution is a document that explains the nature of the government, its powers, jurisdictions, and interrelationships between the different components of the system i.e. state legislature, executive and judiciary. Apart from that it also explains the fundamental rights of the citizens which in turn put some responsibilities on their shoulders.

The constitutional document of all the republics around the world has agreed on education as the fundamental right of the citizens of the state and therefore the fundamental responsibility of the state is to work for the provision and promotion of education for all citizens of their respective states. Developed countries like USA, France, Australia, Canada, Denmark, Japan and many others have attained 100% literacy rate through their efforts and commitment to their constitutional provisions for education. Constitutional provisions for education not only provide the framework strategy towards achieving the set goals but also make the government responsible to provide all the opportunities of education to its citizens without any discrimination. The construction of schools, colleges, universities, the appointment and capacity building of teachers, curriculum development, administrative arrangements and supporting paraphernalia including supporting staff, audio video aids for teaching learning process at the educational institutions are because of the constitutional commitments of a state intended for attempt the quality education.

All the three constitutions of Pakistan have made the considerable provisions for education at all educational levels and allied aspects of education. In the constitution of 1956 primary education was recognized the most important target. The same was also realized in the constitution of 1962. While the provision of constitution 1973 also support education and the removal of illiteracy from the country in minimum possible time. Article, 20, 25A, 31, 32, 37, and 38 ensures that government will take initiatives to remove illiteracy from the country in short span of time, through rigorous efforts. Article 37 (b) ensured people right for free and compulsory education from 5 to 16 years of age. Apart from that Articles 20, 31, 32 and 38 of the constitution of Pakistan 1973 deal with constitutional provisions for education in Pakistan.

The republic of South Korea came into being in 1948. Like Pakistan the education structure and position was not satisfactory and it was extremely difficult for the South Korea to cope with educational challenges. Like the foundation of educational endeavor in Pakistan, South Korean national leaders also worked for education, consequently significant provisions were made to the South Korean constitution for the education as fundamental right to the people. Some of these constitutional provisions under South Korean Constitution 1988 are as under;

The South Korean Constitutions 1988 is comprised of 130 articles. The Chapter-II of the constitution deals with Rights and Duties of the Citizens. Article 10 of the South Korean constitution 1988 dealing with Dignity, Pursuit of Happiness of the citizens affirms that “All citizens shall be assured of human worth and dignity and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals in accordance with law”. According to Article 31 education is the fundamental right to South Korean citizens. Article 31 with its 6 sub-clauses avows that:

(1) “All citizens shall have an equal right to receive an education corresponding to their abilities.” 

(2) “All citizens who have children to support shall be responsible at least for their elementary education and other education as provided by Act.” 

(3) “Compulsory education shall be free of charge.” 

(4) “Independence, professionalism, and political impartiality of education and the autonomy of institutions of higher learning shall be guaranteed under the conditions as prescribed by Act.” 

(5) “The State shall promote lifelong education.”  

(6) “Fundamental matters pertaining to the educational system, including in-school and lifelong education, administration, finance, and the status of teachers shall be determined by Act.” 

Purpose of the Study

Studying the constitutional provisions of Pakistan and South Korea efforts have been made to assess the impact factor of the constitutional provisions on educational achievements in the form of educational institutions, literacy rate at different levels, and budget allocation of the two states.

Literature Review and Impact Assessment of Constitutional Provisions on Educational Achievements: Literacy and Quality of Education in Pakistan and South Korea

Education has been declared compulsory up to the age of 16 years in Pakistan and South Korea. Both the countries have got independence nearly in 1950s with virtually identical educational challenges. This study will investigate the current position of the two states in the field of education. 

The Various educational policies, conferences and reforms were made in the field of education by Pakistan. The Pakistan educational conference 1947 was the first conference which laid the foundation for other initiatives in the field of education. This conference had noticed the miserable conditions of the people of Pakistan in the field of education where only two universities, a small number of colleges and schools were operating.  Primary and secondary education, with respect to teacher student ratio, curriculum, infrastructure and class room environment, was also not up to the level. The participants of the conference were grouped and different committees were made, some most important committees of this conference were;

1. “Scientific research and technical education committee.”

2. “Adult education committee.”

3. “University education committee.”

4. “Primary and secondary education committee.”

5. “Women’s education committee.”

6. “Scheduled castes and backward classes education committee.”

7. “Cultural relation committee” 

After through discussion and carefully examination of the situation various recommendations were given by these committees. The most important of which were;  

1. Free and compulsory primary educations up to six years, which will be extend to eight years.

2. Co-education at primary level where it possible.

3. Teachers training and adequate scale and salaries for them for the purpose of quality education.

4. Medium of instruction will be Urdu.

5. Compulsory physical training at school and college level.

6. Mass literacy campaign should be initiated.

7. Two medical colleges for women one in East and one in West Pakistan should be made.

8. Scheduled caste scholarships scheme should be continued and special incentive should be giving for the education for backward peoples of tribal areas.

9. Adult literacy program will be launched for male and female and the existing educational institutions, staff and equipment will be utilized for the purpose.

10. An inter-university board of Pakistan should be set up that will work for the exchange of information within the country universities, establishment of relation with foreign universities, equivalence of Degree and Diploma and co-ordination of activities etc.

11. For the preservation and promotion cultural association like Pak-Iran association should be form.

12. Council of technical education should be set up for the promotion of technical and vocation education.

This first conference on education was followed by;

The constitutions of Pakistan 1956, 1962 and 1973 induced liability to the political leadership for remarkable steps to ensure the right to education of general masses.  Accordingly from the Indian act of 1935 to the prevailing constitution of Pakistan 1973 constitutional provisions were made for the education of general people but tangible tread to meet the set targets is still questionable in Pakistan. 

The constitution of 1956 lacks enough explanation regarding education. There is no single article in the constitution of 1956 on the federal and concurrent list of the constitution which explains the term education by following an unambiguous and comprehensive approach. There are just two Articles; 20 and 23 in the provincial list of the constitution 1962 which mentioned higher education, technical and scientific education but devoid of fixing the responsibility to federal or provincial governments pertaining to execution of educational liabilities (Constitution of Pakistan, 1956). The articles are;

In the preamble and chapter-I of the constitution 1962 fundamental rights of citizens are mentioned.  Educational affairs are addressed in Article 12 (3) of the constitution. This article states; “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”. The Article, 7 of chapter-II states that; “Illiteracy should be eliminated, and free and compulsory primary education should be provided for all, as soon as practicable”. There is no further explanation regarding time frame and the resources which will be employed for the triumph of set target by the constitutional provisions. However, the discernible political will of the leaders regarding education and its provision at basic level is a positive aspect comes from these constitutional provisions. 

The constitution of Pakistan 1973 was framed according to the past experiences put on by the political leadership in the sense of breakup of Pakistan in two independent states which realized them the importance of education in the national development and integrity of a nation state.

Article 12 of the constitution of 1962 was repeated in the constitution of Pakistan 1973 which emphasizes on primary and technical education. But again there is no such deadline for achieving the desired target of secondary compulsory education even after 41 years. The constitution of 1973 took a step ahead of the previous constitutions which were limited free and compulsory education up to primary level but it leads the free education to secondary level in Pakistan.

Article 25A states that “Right to education.? 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”.

Article 37 of the constitution of 1973 in the principle of policy mentioned that the state shall;

(a) “Promote with special care, the educational and economic interest of the backward classes or areas.”

(b) “Remove illiteracy and provide free and compulsory secondary education within the 

 minimum possible time.”

(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, training, agricultural and 

        industrial development and other methods, to participate fully in all forms of national 

        activities, including employment in the service of Pakistan”. 

Article 38 (d) of the constitution of Pakistan 1973 illustrates the importance of education which is not direct to education but have a glance over there; “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” (Asani, 2001).  The article does not followed by any commitment at the government level that it will provide free education at secondary level to all the citizens of the state. 

The provisions of 1973 constitution that have indirect relevance with education are;

Article 20 (b) illustrates that “Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions”. Similarly Article 22(1) demonstrates that “No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own”. “Article 22(3) Subject to law; (a) no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination. Article 22 (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”. 

Article 31 establishes that; “(1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, 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. Article 31 (2) The state shall endeavor, 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”. 

References

• Mazhar-ul-haq. (2003). Political Systems. Peshawar: University Publishers
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• The Constitution of South Korea (1988), Part-Human Rights
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