Education Devolution
a crisis or an opportunity?
18th Amendment Act 2010 - New
Articles
25-A Part II, Chapter 1. Fundamental Rights:
19 – A Right to Information
140 – A Local Government
The Legal Constitutional Scenario - A
18th Amendment Act 2010 - New Articles
25-A Part II, Chapter 1. Fundamental Rights:
19 – A Right to Information
140 – A Local Government
Articles
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”.
19 – A 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.“
140 A – 1 Each Province shall, by law, establish a local government
system and devolve political, administrative and financial responsibility
and authority to the elected representatives of the local governments
The Legal Constitutional Scenario - B
• Section 101 – Amendment of the Fourth
Schedule to the Constitution
• Parts III
• Part II &
• Part I [Article 70(4)] Federal Legislative Lists
Part III: The Concurrent Legislative List and the
entries thereto from 1 to 47 (both inclusive) shall be
omitted.
Old Status
New Status
Entry 38.Curriculum, syllabus, Transferred to Provinces
planning, policy,
centres of excellence
Covered under Part II, entry 7
of Fed. Legislative List.
Transferred to the Provinces.
standards of education. Transferred to Provinces upto
Grade 12 & beyond Grade
12 to Part II of F.L.L. Entry 12.
Entry 39. Islamic Education.
Transferred to Provinces
Part III Other relevant functions omitted from
the Concurrent List – devolved to the provinces
•
•
•
•
•
•
These too have impact and links to education so interface is
needed.
23. Mental illness and mental retardation, including places for
the reception or treatment of the mentally ill and mentally
retarded.
24. Environmental pollution and ecology.
25. Population planning and social welfare.
26. Welfare of labor; conditions of labor, provident funds;
employer's liability and workmen's compensation, health
insurance including invalidity pensions, old age pensions.
37. Ancient and historical monuments, archaeological sites and
remains.
45. Inquiries and statistics for the purpose of any of the matters
in this List.
Fourth Schedule Part II
Part II – Federal List Amendment of Fourth
Schedule to the Constitution.- In the Constitution,
in the Federal Legislative List,6. All regulatory authorities established under a Federal law.
7. National planning and national economic coordination
including planning and coordination of scientific and
technological research.
11. Legal, medical and other professions.
12. Standards in institutions for higher education and
research, scientific and technical institutions. (Not School
Education)
13. Inter-provincial matters and co-ordination.
Retained Matters in
Federal Legislative List (Part I)
Entry 3. External affairs; the implementing of treaties and agreements,
including educational and cultural pacts and agreements, with other
countries…”
Entry 15. Libraries, museums, and similar institutions controlled or financed by
the Federation
Entry 16. Federal agencies and institutes for the following purposes, that is to
say, for research, for professional or technical training, or for the
promotion of special studies
Entry 17. Education as respects Pakistani students in foreign countries and
foreign students in Pakistan
Entry 32. International treaties, conventions and agreements and International
arbitration.
Entry 57. Inquiries and statistics for the purposes of any of the matters in this
part.
7
Cont…..
Action: Ministry Dissolved – March 31 Notification –
Formation of Capital Administration Development
Division www.cabinet.gov.pk 20 departments/bodies