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Impact of devolution of power on education


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.



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