Introduction
Policies
are considered to play an important role in the progress and development of a
country. According to Siddiqu ( 2016), a
policy document usually deal with three important tasks: identification of
areas of improvement, decision about the targets to be achieved and strategies
regarding the implementation of promised targets.
The
18th Amendment to the constitution of Pakistan is an important step forward for
the parliamentary system in the country. It promises more autonomy to the
provinces — a popular demand put forward by a number of political parties (Siddiqui, 2010) .
Apart
from the political restructuring it mandates, the amendment also holds some
major implications for the country's system of education. Through it a new article,
25A, has been inserted into the constitution that reads: “Right to education:
The state shall provide free and compulsory education to all children of the
age of five to 16 years in such manner as may be determined by law.” This is an
important undertaking by the state since education, in contemporary times, is
considered an important tool for enhancing one's chances for socioeconomic
development (Siddiqui, 2010) .
Redefined Federal and Provincial Role in Education
Eighteen
Constitutional Amendment has a phenomenal impact on the education sector in
terms of the respective roles at federal and provincial levels. The enactment
has introduced a number of changes which have modified the education governance
framework. The new framework has
reconfigured the federal and provincial relationship in terms of education governance.
The new role of the federal and provincial governments are shaped by two key
features of the amendment i.e introduction of the Article 25-A and removal of
the concurrent legislative list (I-SPAS, 2017) .
Impact of New Federal Role:
According
to I-SPAS (2017), the new role will have
significant legal and administrative impacts. Foremost being the desolution of
the Fedral Ministry of Education. The prospective consequences for education in
the backdrop of the eighteen amendments need to be determined not only in the
context of the newly introduced changes but the modalities and procedures laid
down in the first phase of devolution.
Administration of Education in the Federal Territories
There
are three key bodies working under the mandate of Ministry of Education which
cater for a number of educational requirements for the federal capitals, areas
under federal jurisdiction and educational requirements in the cantonments
across country. These include the Federal Board of Intermediate and Secondary
Education, Federal Directorate of Education (FDE) and Private Institutions Regulatory Authority
(PEIRA).
Curriculum and Supervision of Standards
Curriculum
and Standards has now been effectively devolved to the provincial domain, thus
resulting in the closure of the Federal thus resulting in the closure of the Federal Bureau of Curriculum as far
as the provinces are concerned. If the federal government wants to retain it
for the capital territory and the federally controlled areas, then it will
require significant changes in the existing institutional and legal framework.
Inter Government Coordination
The
Federal Ministry of Education was performing the role of inter governmental
coordination on education through two key institutions i.e. Inter Provincial Education Ministerial (IPEM)
and Inter Board Committee of Chairman (IBCC). However the prospective desolation
of Ministry of Education resulted in abolition of both the bodies. In the
amended framework the role of coordination has been assigned to CCI.
Pakistan Taskforce on Education
The
task force on education was mandated by the Prime Minister of Pakistan with the
fundamental objective of implementation of the National Educational Policy
2009. The dissolution of the function of policy to the provinces calls for a
review of the scope of work and terms of references of the Task Force.
Higher Education
Higher
education and standards were not mentioned in the legislative lists (Federal or
Concurrent) prior to the eighteen amendment. The amendment places the standards
in higher education in the mandate of Council of Common Interests by placing it
in the federal legislative part II. With
the desolution of the key functions of policy, planning and curriculum
this will leave only the standards of Higher Education at federal level. The
revision implies a significant rationalization of Higher Education Commission
as the performance of a single role ordained in the constitution may not
justify the mandate of HEC.
Implementing Article 25-A
In the context
of Article 25-A there are multiple implications ranging from framing of new
laws to the constitutional provision . These are:
1.
National
legislation on Right to education with mirror legislations in provinces
2.
Legislation
under Article 144 of the constitution
3.
Interpreting
the Provision
4.
Defining
Liability for Compulsory Education
Provincial Role in Education
In the context
of education, there has been a phenomenal delegation of powers and the
provinces have to perform a wide variety of functions within the available
fiscal space, capacity and without receiving additional resources in the near
future (I-SPAS, 2017) .
The key roles
of devolution at the provincial tier as a result of the 18th
amendment include the following:
a.
Policy
b.
Planning
c.
Curriculum
d.
Standard of
Education
e.
Center of
Excellence
f.
Islamic
Education
g.
Area Study
Centers
h.
Pakistan Study
Centers
i.
Higher
Education
The desolution
of these functions pose a host of challenge for the provinces, necessitating a
number of changes. In this regard the key challenges which are:
Implementation of Article 25A
The
foremost challenge for the provinces would be of the implementation of the
provision of free and compulsory education to children aged 5-16. In order to
be compliant with the constitutional provision, they need to undertake a
comprehensive legislation. Most of the provinces41 had the compulsory primary
education acts, but considering their performance on that context it would be a
real challenge with multiple repercussions to respond to. There can be multiple
solutions for the legislation; either a new legislation or amending the
existing legislations on provision of free and compulsory primary education. It
would be important for the provincial law departments that prior to undertaking
this task they, in consultation with the education departments consider all the
available options as well as regional and international models for legislation
on right to education. These can be the reference point for the respective
legislation. A number of options discussed in the foregoing section on
federation have considered number of options; the same will be applicable to
the provincial scenario as well.
Curriculum and standards of education challenges and opportunities
The
devolution of curriculum provides a significant set of opportunities to the
provinces in regards to introducing changes which could not only make their
curriculum more competitive but bring it in consonance with their particular
culture and environment. In this regard the roles of Bureaus of Curriculum need
special attention. The fundamental reason for this would have been that as to
date these bureaus were only working as the field formations of the federal
curriculum wing. Now they will be required to harness professional expertise
for the preparation of curriculum from grade 1 to 12. On the legal side
provinces will be required to legislate for the supervision of curricula, text
books and standards. In this regards various options could be explored such as
adaptation of the existing federal law or drafting a new law which should be
suitable to the circumstances of each province.
Administrative and Legislative Measures for Special Study Centers
A
number of functions devolved to the provinces require new legislation or a
change in the existing legislations. It would be important in the context of
the Centers of Excellence, Area Study Centres and Pakistan Study Centres. The
centers were created in a number of Universities in Pakistan in pursuance of,
Centres of Excellence Act 1974, Area Study Centres Act 1975 and Pakistan Study
Centre Act 1976 respectively. At the moment there are 12 Centres of Excellence,
Six (06) Area Study Centres and Six (06) Pakistan Study Centres in the
provinces. After devolution, the provinces will be required to undertake
legislation or adapt the existing legislations in context of their peculiar
circumstances. Similarly the transfer of the administrative control of Sheikh
Zaid Islamic Centres will entail special administrative measures.
Issue of Human Resource
The
human resource/Civil Servants at the moment employed in the ministries to be
devolved pose another important challenge for the provinces. To deal with this
the provincial governments have two options; First, absorption of in province
employees along with assets and institutions Second, Refusal to accept the
former federal employees. Every province needs a strategy for resolution of
this issue. In case of fast option, it will be a tedious process for the
provinces to redesign their provincial service structure and absorption of the
federal employees. Similarly the second option will have its demerits as well,
such as hiring of a large number of staff to perform the ordained functions.
Reference
I-SPAS. (2017, December 23). Eighteen Ammendment
Federal and Provincial Responsibilities in Education. Retrieved from
aserpakistan.org:
https://www.google.com.pk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&cad=rja&uact=8&ved=0ahUKEwiU-uGWyZ_YAhUE66QKHbZcAf0QFghDMAQ&url=http%3A%2F%2Fwww.aserpakistan.org%2Fdocument%2Flearning_resources%2F2014%2F18th%2520Amendment%2520Federal%2520and%2520Provin
Siddiqui, S. (2010). 18th
Amendment and education. Karachi: DAWN .
Siddiqui, S. (2016). Education
Policies in Pakistan. Karachi: Oxford University Press.
I-SPAS. (2017, December 23). Eighteen Ammendment
Federal and Provincial Responsibilities in Education. Retrieved from
aserpakistan.org:
https://www.google.com.pk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&cad=rja&uact=8&ved=0ahUKEwiU-uGWyZ_YAhUE66QKHbZcAf0QFghDMAQ&url=http%3A%2F%2Fwww.aserpakistan.org%2Fdocument%2Flearning_resources%2F2014%2F18th%2520Amendment%2520Federal%2520and%2520Provin
Siddiqui, S. (2010). 18th
Amendment and education. Karachi: DAWN .
Siddiqui, S. (2016). Education
Policies in Pakistan. Karachi: Oxford University Press.
No comments:
Post a Comment