Before Implementation Commission
Impact of 18th Amendment
on
Federal Ministry of Education
& Its Allied Deptts/Bodies
Ministry of Education, GoP, Islamabad
20 January, 2011
Original Scheme of Legislative Lists
in 4th Schedule of 1973 Constitution

Federal Legislative List




Part-I: Exclusive domain of Federal Parliament/
Govt. (Article 142 (a)
Part-II: Jointly Implemented by Federal &
Provincial Governments through C.C.I. (Article
154 (1)
Concurrent Legislative List
Residual matters were with the provincial
assemblies
2
Legislative Powers of Parliament
 Article 142 (d) of Constitution: (d) Majlis-eShoora (Parliament) shall have exclusive
power to make laws with respect to all
matters pertaining to such areas in the
Federation as are not included in any
Province.”
 This empowers enactments by federation
for ICT, FATA, GB & AJK.
3
Addition under 18th Amendment
New article 25-A added in Part II, Chapter 1.
Fundamental Rights:
“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 7. In this Part, unless the context otherwise requires, “the
State” means the Federal Government, [Majlis-e-Shoora (Parliament)],
a Provincial Government, a Provincial Assembly, and such local or other
authorities in Pakistan as are by law empowered to impose any tax or
cess.”
4
Changes under 18th Amendment
Concurrent Legislative List omitted under 18th Amendment:
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
5
Retained Matters in
Federal Legislative List (Part I)
Legislation Vide Article 142(a)
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.
Cont…..
6
Entry 15. Libraries, museums, and similar
institutions controlled or financed by the Federation


Corresponding Entries in the Rules of Business are:
National libraries.
National education institutions and organizations and
grant-in-aid to them,
This provides justification of continuation of following
bodies/ organizations of Ministry of Education:

Department of Libraries, Islamabad

National Museum of Science & Technology Lhr.

National Book Foundation, Isb.

National Education Foundation Isb.

Pakistan Academy of Letters, Isb.
Cont…..7
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
Corresponding provisions in the Rules of Business :
 National education institutions and organizations and
grant-in-aid to them,
 Promotion of special studies designed to identify problems
of national integrity and measures best calculated to
protect the mainsprings of ideological inspiration and
develop national cohesion.
 Development of instructional technology; promotion and
coordination of educational research.
 Administrative control of the Federal Colleges of Arts and
Design.
Cont…..
8
Retained Institutions under Entry 16
of Federal Legislative List, Part: I
This provides rationale of continuation of following bodies/
organizations of Ministry of Education:

Area Study Centres, Pakistan Study Centres & Centres of Excellence

Shaikh Zayed Islamic Centres,
National Education Equipment Centre, Lahore
Urdu Science Board, Lahore
Urdu Dictionary Board, Karachi
Dawood College of Engg &Tech. (DCET) Karachi,
National Institute of Science & Technical Education (NISTE)
Academy of Educational Planning and Management (AEPAM),
Federal Board of Intermediate and Secondary Education (FBISE)
National Education Assessment System (NEAS),
National College of Arts (NCA); and
Federal College of Education (FCE) Isb










Cont…..
9
Entries 3, 17 & 32
of 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 17. Education as respects Pakistani students in foreign
countries and foreign students in Pakistan and new entry…
Entry 32. International treaties, conventions and agreements and
International arbitration”
Relevant entries in the Rules of Business:

Foreign studies and training, international assistance in the field of
education

Welfare of Pakistani students abroad and foreign students in
Pakistan

Relationship with UNESCO and participation in its activities;
liaison with other international agencies and organizations in
educational programs.

International aspect of development and planning of education.

International exchange of students and teachers.

Selection of scholars against Pakistan Chairs abroad by the
Special Selection Board constituted in the Education Division. 10
Retained Subjects/ Functions
under Entry 3,17 & 32 of Federal Legislative List, Part: I
 Scholarships to Pakistanis for studies abroad and to
Foreigners for studies in Pakistan
 Signing, implementation and monitoring of Bilateral
and Multi-lateral Educational Agreements, Pacts,
Protocols, MoUs including
 EFA Dakar Framework for Action and
 MDGs relating to education,
 Convention on Rights of Child (CRC),
 Convention on Elimination of all
Discrimination
Against
Women
relating to education.
forms of
(CEDAW)
11
New Insertions in Part II
of the Federal Legislative List
Legislation Vide Article 142(a)

After entry 3, the following new entries have been
inserted, namely:
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.
13. Inter-provincial matters and co-ordination."
(…..contd)
12
Entry 6
of Federal Legislative List, Part II
6. All regulatory authorities established under a
Federal law.
Federal Government regulates Curricula, Textbooks &
Standards of Education through “The Federal
Supervision of Curricula Textbook and Maintenance of
Standards of Education Act 1976”
Clause 3.1 authorizes Federal Government through
Ministry of Education to appoint competent authorities to
perform curriculum and textbooks related functions.
Relevant items from Rules of Business are as under:

Development of curricula.

National language and other languages used for official
purposes including medium of instruction.
13
Retained Subjects/ Functions
under Entry 6 of Federal Legislative List, Part: II


6. All regulatory authorities established under a
Federal law.
In pursuance of the provisions of aforesaid Act of
1976, Ministry of Education appointed three
competent authorities as under:
Federal Bureau of Curriculum and Textbooks
(Curriculum Wing), MoE for ECE, Grades I to XII.

University Grants Commission (now Higher
Education Commission) for Grades beyond XII.

National Institute of Science and Technical
Education, (for polytechnic and technical
subjects)
Private Edu’l Institutions Regulatory Authority (PEIRA)
in ICT
14
Entries 7, 11,12 & 13
of Federal Legislative List, Part II
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.
13. Inter-provincial matters and co-ordination."
Corresponding Clauses in Rules of Business are:
 Development and coordination of national policies,
plans and programs in education,
 Integrate plans, proposals and programs proposed or
prepared or adopted by Higher Education Commission
in Higher Education Sector.
15
Retained Subjects/ Functions
under Entry 7, 11, 12 & 13 of Federal Legislative List, Part: I
The aforesaid Entries 7, 12 and 13 give charter to
MoE for:




National Education Policy;
Education Planning;
Institutionalisation of Inter Provincial Edu Ministers’
Forum; and
National Authority for Educational Standards
envisaged in the NEP 2009
Another new entry 16 (old entry 7) “Inquiries and statistics
for the purposes of any of the matters in this Part” gives
mandate for continuity of National Education Management
Information System (NEMIS), based in AEPAM.
16
Clear-cut Domain of MoE
Unaffected by 18th Amendment
 In pursuance of aforesaid entries of Federal Legislative List Part
I, Part II and following Acts/ Ordinances, Ministry of Education and
its allied organizations
would continue functioning till the said
provisions are altered, repealed or amended by the Parliament :
 Centres of Excellence Act 1974
 Area Study Centres Act 1975
 Pakistan Study Centres Act 1976
 National Book Foundation Act 1972
 Fed. Board of Intermediate & Sec. Education Act 1975
 Federal Directorate of Education Isb. [Article 142 (d)]
 Federal Supervision of Curricula, Textbooks and
Standards of Education Act 1976
 National Education Foundation Ordinance 2002
 as these have protection under Article 270 AA inserted vide
18th Amendment 2010.
(…..contd)
17
Ambiguous Areas

Centres of Excellence (12) were created through CoE Act
1974. CoEs also covered by:
 Entry 16 of Federal Legislative List Part- I;
 Entry 7 of Federal Legislative List Part- II; and also
 Entry 38 of Abolished Concurrent List

Thus, MoE is not obliged to devolve these CoEs.

Response on EM’s Proposal to retain Curriculum (for the
cause of national cohesion) in Part-I or at least Part-II of
Federal List, has not been received so far, which needs to
be reviewed by the Implementation Committee.

National Education Policy always remained a consensus
document, formulated at the Federal level in consultation
with Provinces.

Higher Education Commission (HEC) needs to be kept with
Ministry of Education as an autonomous entity.
18
Power to Remove Difficulties

Article 267 A.
“If any difficulty arises in giving effect to the provisions
of the Constitution (Eighteenth Amendment) Act, 2010,
hereinafter in this article referred as the Act, or for
bringing the provisions of the Act into effective
operation, the matter shall be laid before both Houses in
a joint sitting which may by a resolution direct that the
provisions of the Act shall, during such period as may be
specified in the resolution, have effect, subject to such
adaptations, whether by way of modification, addition or
omission, as may be deemed necessary or expedient:
Provided that this power shall be available for a
period of one year from the commencement of the Act.”
19
Continuance of Existing Laws

Article 270AA. Declaration and continuance of
laws etc.-
(6) Notwithstanding omission of the
Concurrent Legislative List by the Constitution
(Eighteenth Amendment) Act 2010, all laws with respect
to any of the matters enumerated in the said list
(including Ordinances, Orders, rules, bye-laws,
regulations and notifications and other legal instruments
having the force of law) in force in Pakistan or any part
thereof, or having extra-territorial operation, immediately
before the commencement of the Constitution
(Eighteenth Amendment) Act 2010, shall continue to
remain in force until altered, repealed or amended by the
competent authority.”
20
21
Entries 15,16,17 of Part I & 7,12 13 of Part II of Fed. Legis. List
Deptts / Institutions to be Retained
1.
Deptt of Libraries/ National Library, Islamabad
2.
National Museum of Science Lahore
3.
National Education Equipment Centre, Lahore
4.
National Book Foundation, Isb (Created under NBF Act, 1972)
5.
National Education Foundation, Isb. (Created under NEF Act, 2002)
6.
Pakistan Academy of Letters, Isb.
7.
Urdu Dictionary Board (UDB), Karachi
8.
Urdu Science Board, Lahore
9.
12 Centres of Excellence (Created under CoE Act 1976)
10. 6 Area Study Centres (Created under Area Study Centres Act, 1975)
11. 6 Pakistan Study Centres (under Pakistan Study Centres Act, 1976)
12. 3 Shaikh Zayed Islamic Centres, Lahore, Karachi, Peshawar
22
Entries 15,16,17 of Part I & 7,12 13 of Part II of Fed. Legis. List
Deptts / Institutions to be Retained
…contd
13.
National Institute of Science & Technical Education (NISTE), Isb.
14.
Polytechnic Institute for Women (PIW), Isb.
15.
Dawood College of Engg &Tech. (DCET) Karachi,
16.
Sindh Madrasa- tul- Islam Karachi.
17.
National College of Arts (NCA), Lahore/ Rawalpindi.
18.
Academy of Educational Planning and Management, Isb.
19.
Fed Board of Intermediate and Sec. Education (FBISE), Isb.
20.
Federal College of Education (FCE), Islamabad
21.
National Education Assessment System (NEAS), Isb.
22.
Technical Panel on Teacher Education (TPTE), Isb.
23.
Private Edu’l Institutions Regulatory Authority (PEIRA), Isb.
24.
Inter-Board Committee of Chairmen (IBCC) Isb.
23
Entry 16 of Part I & entry 7 of Part II of Fed. Legis. List
Centres of Excellence
1.
Psychology – Quaid-e-Azam University, Islamabad
2.
Mineralogy – University of Balochistan, Quetta
3.
Analytical Chemistry – University of Sindh, Jamshoro
4.
Water Resources Engineering – University of Engineering and
Technology, Lahore
5.
Arts & Design – Mehran University of Engg and Technology,
Jamshoro, Sindh
6.
Marine Biology – University of Karachi, Karachi
7.
History and Culture – Quaid-e-Azam University, Islamabad
8.
Gender Studies – Quaid-e-Azam University, Islamabad
9.
Geology – University of Peshawar, Peshawar
10.
Physical Chemistry – University of Peshawar, Peshawar
11.
Solid State Physics – University of the Punjab, Lahore
12. Centre of Excellence in Molecular Biology, Lahore.
24
Entries 16 of Part I & 7 of Part II of Fed. Legis. List
Study Centres involved in Research/
Special Studies …Retained
Area Study Centres for
1.
2.
3.
4.
5.
6.
Central Asia, University of
Peshawar
South Asia, University of the
Punjab, Lahore
Far East and South East Asia,
University of Sindh.
Europe, University of Karachi
Middle East and Arab
Countries, University of
Balochistan, Quetta
Africa, North and South
America, Quaid-e-Azam
University, Islamabad.
Pakistan Study Centres
1.
2.
3.
4.
5.
6.
University of Punjab, Lahore
University of Sindh,
Jamshoro
University of Karachi
University of Peshawar, KPK
University of Balochistan
Quetta
Quaid-e- Azam University,
Islamabad
Shaikh Zayed Islamic Centres
Set-up under Agreement with UAE
1.
University of Punjab,
2.
University of Karachi
3.
University of Peshawar
25
Entry 16 of Part I of Federal Legislative List
Pakistan Chairs Abroad
involved in Research/ Special Studies
1. Quaid-e-Azam Distinguished Professorship at Columbia University, USA.
2. Quaid-e-Azam Studies Chair, University of California, Berkeley, USA.
3. Quaid-e-Azam Fellowship, Cambridge University, UK.
4. Allama Iqbal Fellowship, Cambridge University, UK.
5. Allama Iqbal Fellowship, Humboldt University, Germany.
6. Chair in Urdu and Pakistan Studies, Al-Azhar University, Cairo, Egypt.
7. Chair in Urdu and Pakistan Studies, Ain Shams University, Cairo, Egypt.
8. Chair in Urdu and Pakistan Studies at Kazakh Albai Khan University of
International Relations and World Languages, Almaty, Kazakhistan.
9. Chair in Urdu and Pakistan Studies, Ankara University, Turkey.
10. Chair in Urdu and Pakistan Studies, Tehran University, Iran.
11. Chair in Urdu and Pakistan Studies, Tribhuvan University, Katmandu, Nepal.
12. Chair in Urdu and Pakistan Studies at Jordan University, Amman, Jordan.
13. Chair in Urdu and Pakistan Studies at Peking University, Beijing, China.
14. Chair in Urdu and Pakistan Studies at Bapist University, Hong Kong.
26
Entry 3,17 & 32 of Federal Legislative List, Part: I
Signing & implementation on Educational
Agreements, Pacts, Protocols, MoUs.

1.
Education For All Goals (Dakar Declaration April 2000)
Expand and improve comprehensive early childhood care & education
2. Universal primary education (UPE) by 2015
3. Learning and life skills programs for youth and adults
4. 50% increase in adult literacy rates by 2015
5. Gender parity by 2005 and gender equality by 2015
6. Improving quality of education

Millennium Development Goals (Millennium Declaration 2001)
G-2. Achieve Universal Primary Education by 2015
G-3. Promote Gender Equality & Empower Women

Convention on the Rights of Child (CRC) etc.
27
Ministries of Education in Different
Federations
 INDIA, the Ministry of Human Resource Development,
 Looks after Policy, Planning & Monitoring, Core Curriculum,
Textbooks and Technical & Higher Education.
 It administers & finances 39 Central Universities, 13 Indian Instts
of Techny, 7 Indian Instts of Management, 30 Ntl Instts of Tech…
 USA, Education Deptt's 4,200 employees and $63.7 billion budget
are dedicated, inter alia, to:
 Establishing policies on federal financial aid for education, and
distributing as well as monitoring those funds.
 Collecting data on America's schools and disseminating research.
 Focusing national attention on key educational issues.
 SOUTH AFRICA, The National Department of Education has a role
with the provincial departments of education for school education and
colleges. It is primarily responsible for :
 formulating national policy,
 setting norms and standards, and
 monitoring and evaluating all levels of education. Cont…
28
Ministries of Education in Different
Federations
Malaysia: under Education Act 1996, Curriculum is National.
Two ministries at the Federal level:
 Ministry of Education; and Ministry of Higher Education
Key Objectives of both Ministries:
 To produce loyal and united Malaysian.
 To prepare the nation's human resource for development
needs.
 To ensure at least three Malaysian universities are listed
among the best 100 universities in the world.
 To increase the cohort of individuals (17– 23 years of age)
who have access to higher education to 50%.
 Education in Malaysia is monitored by the federal government
Ministry of Education and follows National Curriculum and
Education Policy.
 Management of personnel, students, financial resources and
discharge of functions mentioned earlier require a separate
29
Ministry of Education in Pakistan too!

Public Sector Development
Projects (PSDP) 2010-11
Province/Area # of Proj. Cost (Rs.M) Budget
(incl cost of
unapproved)
MoE/ ICT
46
18,544.412
FATA
02
GB
Released
(June 30)
Allocation
2010-11 (Rs. B)
2,282.414
789.000
7336.941
210.882
02
610.000
19.348
57.617
AJK
01
381.420
83.834
24.693
Punjab
7
4,845.175
1596.548
697.234
Sindh
4
1,521.556
269.707
265.234
KPK
4
511,4.08
1553.562
297.376
Balochistan
12
4,450.944
1438.733
794.471
Unapproved
8
4177.900
Total
86
---
36,256.587 12509.555
90.269
561.555
30
5,070.863