Education Devolution

1
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

2
The Legal Constitutional Scenario - A

• 18th 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

3
The Legal Constitutional Scenario - B

• Section 101 Amendment of the Fourth Schedule to
  the Constitution
• Parts III
• Part II
• Part I Article 70(4) Federal Legislative Lists

4
Part III The Concurrent Legislative List and
the entries thereto from 1 to 47 (both inclusive)
shall be omitted.
Old Status New Status
Entry 38.Curriculum, syllabus, Transferred to Provinces
planning, policy, Covered under Part II, entry 7 of Fed. Legislative List.
centres of excellence 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
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.

6
Fourth Schedule Part II

• Part 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..
8
Action Ministry Dissolved March 31
Notification Formation of Capital
Administration Development Division
www.cabinet.gov.pk 20 departments/bodies