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 - A18th 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

• Section 101 – Amendment of the Fourth Schedule to the Constitution

• Parts III • Part II & • Part I [Article 70(4)] Federal Legislative Lists

The Legal Constitutional Scenario - B

Part III: The Concurrent Legislative List and the entries thereto from 1 to 47 (both inclusive) shall be

omitted.

Old StatusOld Status New StatusNew Status

Entry 38.CurriculumEntry 38.Curriculum, syllabus,, syllabus, Transferred to ProvincesTransferred to Provinces

planning, policy, planning, policy, Covered under Part II, entry 7 Covered under Part II, entry 7 of Fed. Legislative List. of Fed. Legislative List.

centres of excellence centres of excellence Transferred to the Provinces. Transferred to the Provinces.

standards of education. standards of education. Transferred to Provinces upto Transferred to Provinces upto Grade 12 & beyond Grade 12 Grade 12 & beyond Grade 12 to Part II of F.L.L. Entry 12.to Part II of F.L.L. Entry 12.

Entry 39Entry 39. . Islamic Education.Islamic Education. Transferred to Provinces 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 IIPart 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.

7

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.

Cont…..

Action: Ministry Dissolved – March 31 Notification – Formation of Capital Administration Development

Division www.cabinet.gov.pk 20 departments/bodies