TH
18
AMENDMENT TO
CONSTITUTION OF PAKISTAN
REVIEW & POSSIBLE IMPLICATIONS FOR HEC
BACKGROUND
PRIOR TO THE 18TH AMENDMENT, THERE WAS NO EXPLICIT
ENTRY DEALING WITH HIGHER EDUCATION. INSTEAD, ITEM
38 OF THE CONCURRENT LEGISLATIVE LIST ONLY DEALT
GENERALLY WITH “CURRICULUM, SYLLABUS, PLANNING,
POLICY, CENTERS OF EXCELLENCE AND STANDARDS OF
EDUCATION.”
18TH AMENDMENT – PROVISIONS
CONCERNING HEC
FOURTH SCHEDULE [ARTICLE 70(4)]: FEDERAL LEGISLATIVE LIST
PART I
• ITEM # 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.
• ITEM # 17: EDUCATION AS RESPECTS PAKISTANI STUDENTS IN FOREIGN
COUNTRIES AND FOREIGN STUDENTS IN PAKISTAN
• ITEM # 32: INTERNATIONAL TREATIES, CONVENTIONS AND AGREEMENTS AND
INTERNATIONAL ARBITRATION
18TH AMENDMENT – PROVISIONS CONCERNING HEC
FOURTH SCHEDULE [ARTICLE 70(4)]: FEDERAL LEGISLATIVE LIST
PART II
• ITEM 6: ALL REGULATORY AUTHORITIES ESTABLISHED UNDER A FEDERAL LAW
• ITEM 7: NATIONAL PLANNING AND NATIONAL ECONOMIC COORDINATION INCLUDING
PLANNING AND COORDINATION OF SCIENTIFIC AND TECHNOLOGICAL RESEARCH.
• ITEM 11: LEGAL, MEDICAL AND OTHER PROFESSIONS
• ITEM 12: STANDARDS IN INSTITUTIONS FOR HIGHER EDUCATION AND RESEARCH,
SCIENTIFIC AND TECHNICAL INSTITUTIONS.
• ITEM 13: INTER-PROVINCIAL MATTERS AND CO-ORDINATION
• ITEM 14: MATTERS INCIDENTAL OR ANCILLARY TO ANY MATTER ENUMERATED IN THIS PART
CONTROL AND GOVERNANCE
FOURTH SCHEDULE [ARTICLE 70(4)]: FEDERAL
LEGISLATIVE LIST
PART I – CONTROLLED AND MANAGED BY THE
FEDERAL GOVERNMENT
CONTROL AND GOVERNANCE
FOURTH SCHEDULE [ARTICLE 70(4)]: FEDERAL LEGISLATIVE LIST
PART-II
THE COUNCIL OF COMMON INTEREST (CCI) UNDER ARTICLE 154
OF THE CONSTITUTION SHALL FORMULATE AND REGULATE
POLICIES IN RELATION TO MATTERS IN PART II OF THE FEDERAL
LEGISLATIVE LIST AND SHALL EXERCISE SUPERVISION AND
CONTROL OVER RELATED INSTITUTIONS.
CONTROL AND GOVERNANCE
THE COUNCIL OF COMMON INTERESTS IS FORMED UNDER ARTICLE 153 OF THE CONSTITUTION
AND IS COMPRISED OF THE PRIME MINISTER, THE CHIEF MINISTERS OF THE PROVINCES, AND
THREE MEMBERS FROM THE GOVERNMENT.
• ANYTHING WHICH COMES UNDER PART II OF THE FEDERAL LEGISLATIVE LIST HAS TO
BE REGULATED BY CCI.
• SINCE VARIOUS FUNCTIONS OF HEC FALL WITHIN PART II OF THE FEDERAL
LEGISLATIVE LIST, THE HEC ORDINANCE MAY NOT BE AMENDED WITHOUT THE PRIOR
APPROVAL OF THE CCI.
• IF CCI APPROVES AN AMENDMENT OF THE HEC ORDINANCE, PARLIAMENT WOULD
THEN NEED TO PASS THE AMENDMENT.
COMPARISON OF FUNCTIONS OF HEC UNDER
SECTION-10 OF HEC ORDINANCE & FLL PART-1&2
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(a)
formulate policies, guiding principles
and priorities for higher education Institutions
for
promotion
of
socio-economic
development of the country;
(7) National planning and national economic
coordination including planning and
coordination of scientific and technological
research
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
(b)
cause
evaluation
performance of Institutions;
of
18th Amendment: 4th Schedule Federal List
Part-II and Comments
the (12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(c)
prepare, through consultation
with the Institutions, plans for the
development of higher education and
express its opinion on all matters relating
thereto;
(7) National planning and national
economic coordination including planning
and coordination of scientific and
technological research
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(d)
prescribe conditions under which (12) Standards in institutions for higher
Institutions, including those that are not education and research, scientific and
part of the State educational system, technical institutions
may be opened and operated;
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
(e)
set up national or regional
evaluation councils or authorize any
existing council or similar body to carry
out accreditation of Institutions including
their
departments,
faculties
and
disciplines by giving them appropriate
ratings. The Commission shall help build
capacity of existing councils or bodies in
order to enhance the reliability of the
evaluation carried out by them;
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
(f)
advise the Federal Government
and the Provincial Governments on
proposals for granting a charter to
award degrees in both public and
private sector;
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(g)
submit
to
the
Federal
Government
the
recurring
and
development budgets for public sector
Institutions and allocate funds to public
sector Institution out of bulk financial
provision received from the government
and other resources on performance and
need basis;
(7) National planning and national
economic coordination including planning
and coordination of scientific and
technological research
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(h)
review and examine the financial
requirements of public sector Institutions;
approve and provide funds to these
Institutions on the basis of annual recurring
needs as well as for development projects
and research based on specific proposals
and performance and while approving funds
for a public sector Institution the Commission
shall ensure that a significant proportion of
the resources of the Institution are allocated
to research support and libraries;
(7) National planning and national
economic coordination including planning
and coordination of scientific and
technological research
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(i)
approve projects within the same (7) National planning and national
ceilings as are specified for Department economic coordination including planning
Development Working Party;
and coordination of scientific and
technological research
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(j)
advise Institutions in raising funds (7) National planning and national
from sources other than the Government; economic coordination including planning
and coordination of scientific and
technological research
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(k)
support the development of (12) Standards in institutions for higher
linkages between Institutions and industry education and research, scientific and
as well as national and international technical institutions
organizations that fund research and
development with a view to enhancing
research;
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(l)
facilitate the introduction of (12) Standards in institutions for higher
educational programmes that meet the education and research, scientific and
needs of the employment market and technical institutions
promote the study of basic and applied
sciences in every field of national and
international
importance
in
the
Institutions;
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(m)
advise Institutions in ensuring a (12) Standards in institutions for higher
proper balance between teaching and education and research, scientific and
research;
technical institutions
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(n)
cause to be set up testing bodies (12) Standards in institutions for higher
or designate any existing body for the education and research, scientific and
purpose
technical institutions
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
(o)
determine the equivalence and
recognition of degrees, diplomas and
certificates awarded by Institutions within
the country and aboard;
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(p)
develop guidelines and facilitate (12) Standards in institutions for higher
the implementation of a system of education and research, scientific and
evaluation of performance of faculty technical institutions
members and Institutions;
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(q)
provide guidelines as regards (12) Standards in institutions for higher
minimum criteria and qualifications for education and research, scientific and
appoint-ment, promotion, salary structure technical institutions
in consultation with the Finance Division
and other terms and conditions of service
of faculty for adoption by individual
Institutions and review its implementation;
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(s)
set up committees comprising (12) Standards in institutions for higher
national and international experts in education and research, scientific and
various disciplines to advise the technical institutions
Commission on its affairs;
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(t)
promote formal links between (12) Standards in institutions for higher
Institutions in the country to make the education and research, scientific and
most effective use of experience and technical institutions
specialized equipment and promote
national and inter-national linkages with
respect to knowledge sharing, collaborative research, personnel exchange
and cost sharing;
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(u)
encourage, support and facilitate (12) Standards in institutions for higher
training programs, workshops and education and research, scientific and
symposia;
technical institutions
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
(v)
guide Institutions in designing
curricula that provides a proper content
of basic sciences, social sciences,
humanities, engineering and technology
in the curricula of each level and guide
and establish minimum standards for
good governance and management of
Institutions and advise the Chancellor of
any institution
on its statutes and
regulations;
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(w)
establish an endowment fund for (12) Standards in institutions for higher
higher education with contributions from education and research, scientific and
governmental as well as non- technical institutions
governmental resources;
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(x)
collect information and statistics (12) Standards in institutions for higher
on higher education and Institutions as it education and research, scientific and
may deem fit and may cause it technical institutions
published; and
(13) Inter-provincial matters and coordination
HEC Ordinance LIII of 2002 Article 10: Power
and Functions of the Commission
18th Amendment: 4th Schedule Federal List
Part-II and Comments
(y)
perform such other functions
consistent with the provisions of this
Ordinance as may be prescribed or as
may be incidental or consequential to the
discharging of the aforesaid functions.
(7) National planning and national
economic coordination including planning
and coordination of scientific and
technological research
(12) Standards in institutions for higher
education and research, scientific and
technical institutions
(13) Inter-provincial matters and coordination
THANK YOU