The Ban on Student Unions in Pakistan: A Constitutional Violation of the Right to Association and Equality of Citizens

Abstract

This article discusses the legal and constitutional aspects of the ban on student unions in Pakistan, which is a ban that has been in force since the Supreme Court issued its historic decision in Muhammad Ismail Qureshi and Others v M Awais Secretary General (IJT) and Others (1993 SCMR 1781). The paper contends that the ban amounts to a substantive contravention of Articles 4, 17, 25, and 25-A of the Constitution of Pakistan 1973, and also Pakistan obligations under the International Covenant on Civil and Political Rights (ICCPR). The ruling, which was made without observing the constitutionally defined process of banning political associations, was beyond the remit of the Supreme Court and it violated the separation of powers principle and the parliamentary supremacy. Comparative analysis of the student union systems in the United Kingdom, India, and the United States provides insight to the fact that the student political engagement is universally accepted as part of the civic development, democratic culture, and education right. Structural inequity continues to be ensured by the exclusion of students in the university governance institutions such as the Syndicate, Senate, Academic Council and Discipline Committee, which contravene the equality guarantee in Article 25. This paper suggests legislative change and remedial judicial review as the two main tools to reinstate the constitutional rights of students, and argues in favor of a legislative framework that is based on the Sindh Student Union Act 2022. The results have immense implications on constitutional jurisprudence, civic education policy and safeguarding of basic rights in Pakistan.