Jan 172012
 
  • Ø Original Scheme of Legislative Lists
    in 4th Schedule of 1973 Constitution

    •  Federal Legislative List

l  Part-I: Exclusive domain of Federal Parliament/ Govt. (Article 142 (a)

l  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
  • Ø Legislative Powers of Parliament
    • Article 142 (d) of Constitution: (d) Majlis-e-Shoora (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.
  • Ø 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 7In 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.” 

  • Ø Changes under 18th Amendment

Concurrent Legislative List omitted under 18th Amendment:

 

 

 

 

 

  • Ø 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.

  • Entry 15. Libraries, museums, and similar institutions controlled or financed by the Federation

Corresponding Entries in the Rules of Business are: 

  • ØNational libraries.
  • ØNational education institutions and organizations and          grant-in-aid to them,

 

This provides justification of continuation of following     bodies/ organizations of Ministry of Education:

l      Department of Libraries, Islamabad

l     National Museum of Science & Technology Lhr.

l     National Book Foundation, Isb.

l     National Education Foundation Isb.

l     Pakistan Academy of Letters, Isb.

  • 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.
  • Ø Retained Institutions under Entry 16
    of Federal Legislative List, Part: I

This provides rationale of continuation of following bodies/ organizations of Ministry of Education:

  • Ø   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
    • Ø 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: 

l   Foreign studies and training, international assistance in the field of education

l   Welfare of Pakistani students abroad and foreign students in Pakistan

l   Relationship with UNESCO and participation in its activities; liaison with other international agencies and organizations in educational programs.

l   International aspect of development and planning of education.

l   International exchange of students and teachers.

l   Selection of scholars against Pakistan Chairs abroad by the Special Selection Board constituted in the Education Division.

  • Ø 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

l   EFA Dakar Framework for Action and

l   MDGs relating to education,

l   Convention on Rights of Child (CRC),

l   Convention on Elimination of all forms of  Discrimination    Against Women (CEDAW) relating to education.

 

  • Ø New Insertions in Part II
    of the Federal Legislative List
    Legislation Vide Article 142(a)
  • Ø  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.”

  • Ø 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: 

l   Development of curricula.

l   National language and other languages used for official purposes including medium of instruction.

  • Ø 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:-

l   Federal Bureau of Curriculum and Textbooks (Curriculum Wing), MoE for ECE, Grades I to XII.

l   University Grants Commission (now Higher Education Commission) for Grades beyond XII.

l   National Institute of Science and Technical Education, (for polytechnic and technical subjects)

  • Private Edul Institutions Regulatory Authority (PEIRA) in ICT
  • Ø 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:

  • Ø Development and coordination of national policies, plans and programs in education,
  • Ø Integrate plans, proposals and programs proposed or prepared or adopted by Higher Education Commission in Higher Education Sector.
  • Ø 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.

  • Ø Clear-cut Domain of MoE
    Unaffected by 18th Amendment
  • Ø   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

  • Ø  as these have protection under Article 270 AA inserted vide    18th Amendment  2010.
    • Ø Ambiguous Areas
      • Centres of Excellence (12) were created through CoE Act 1974. CoEs  also covered by: 

l   Entry 16 of Federal Legislative List Part- I;

l   Entry  7 of Federal Legislative List Part- II; and also

l   Entry 38 of Abolished Concurrent List 

  • Thus, MoE is not obliged to devolve these CoEs.
  • Response on EMs 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.
  • Ø  Power to Remove Difficulties
  • Ø   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.

  • Ø Continuance of Existing Laws
  • Ø    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.
    • Entries 15,16,17 of Part I & 7,12 13 of Part II of Fed. Legis. List
      Deptts / Institutions to be Retained

•     Deptt of Libraries/ National Library, Islamabad

•    National Museum of Science Lahore

•    National Education Equipment Centre, Lahore

•    National Book Foundation, Isb (Created under NBF Act, 1972)

•    National Education Foundation, Isb. (Created under NEF Act, 2002)

•    Pakistan Academy of Letters, Isb.

•    Urdu Dictionary Board (UDB), Karachi

•    Urdu Science Board, Lahore

•   12 Centres of Excellence (Created under CoE Act 1976)

•    6 Area Study Centres (Created under Area Study Centres Act, 1975)

•    6 Pakistan Study Centres (under Pakistan Study Centres Act, 1976)

•    3 Shaikh Zayed Islamic Centres, Lahore, Karachi, Peshawar

  • Entries 15,16,17 of Part I & 7,12 13 of Part II of Fed. Legis. List Deptts / Institutions to be Retained

•     National Institute of Science & Technical Education (NISTE), Isb.

•     Polytechnic Institute for Women (PIW), Isb.

•     Dawood College of Engg &Tech. (DCET)  Karachi,

•     Sindh Madrasa- tul- Islam Karachi.

•     National College of Arts (NCA), Lahore/ Rawalpindi.

•     Academy of Educational Planning and Management, Isb.

•     Fed Board of Intermediate and Sec. Education (FBISE), Isb.

•     Federal College of Education (FCE), Islamabad

•     National Education Assessment System (NEAS), Isb.

•     Technical Panel on Teacher Education (TPTE), Isb.

•     Private Edu’l Institutions Regulatory Authority (PEIRA), Isb.

•     Inter-Board Committee of Chairmen (IBCC) Isb.

  • Entry 16 of Part I & entry 7 of Part II of Fed. Legis. List
    Centres of Excellence
  • Entries 16 of Part I & 7 of Part II of Fed. Legis. List
    Study Centres involved in Research/ Special Studies …Retained
  • Entry 16 of Part I of Federal Legislative List
    Pakistan Chairs Abroad
    involved in Research/ Special Studies
  • Entry 3,17 & 32 of Federal Legislative List, Part: I Signing & implementation on Educational Agreements, Pacts, Protocols, MoUs.
    •   Education For All Goals (Dakar Declaration April 2000)

•   Expand and improve comprehensive early childhood care & education

•   Universal primary education (UPE) by 2015

•   Learning and life skills programs for youth and adults

•   50% increase in adult literacy rates by 2015

•   Gender parity by 2005 and gender equality by 2015

•   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.
  • Ø 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.
        • Ø Ministries of Education in Different Federations
        • Ø  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:

l  To produce loyal and united Malaysian.

l  To prepare the nation’s human resource for development needs.

l  To ensure at least three Malaysian universities are listed among the best 100 universities in the world.

l  To increase the cohort of individuals (17– 23 years of age) who have access to higher education to 50%.

  • Ø 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 Ministry of Education in Pakistan too!
    • Ø Public Sector Development Projects (PSDP) 2010-11

 

 

 

 

 Posted by at 11:54 am

 Leave a Reply

(required)

(required)


*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>