18th amendment and education

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.
Article 25 (A)
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.
In Pakistan, a large number of students do not have access to schools or drop out before they
reach the fifth grade. A major reason behind the high dropout rate is poverty, and as a result a
large number of children remain illiterate and cannot become part of the literate human resource
group which is vital for the development of a country. An effective implementation of this article
of the constitution would without doubt pave the way for enriching the national human capital.
Delegation of Education Subject to Provincial Jurisdiction
Another major implication of the 18th Amendment for education is that the curriculum, syllabus,
planning, policy, centres of excellence and standards of education will fall under the purview of
the provinces. This is a big step forward for education.
Entry 38: Curriculum, syllabus, planning, policy, centers of excellence, standard of education.
Entry 39: Islamic Education
After becoming a part of the constitution, however, some strong voices of dissent were raised by
different quarters, including the Ministry of Education. It has been argued that the contents of the
curricula should remain with the federation since the provinces could take liberties which may
result in putting the unity and ideology of the country at risk.
Empowering CCI
It is important to note that articles 12, 6 and 13 were inserted as the mandate of the Council of
Common Interest rather than HEC. The mandate of HEC under its ordinance of 2002, clause 10
(A, G, O and V) has been devolved to the province as per article 38 and is a significant shift. It
has to justify its legitimacy as a single federal body on HE. The emerging scenario would need to
re-articulate the federal, provincial and HEC’s role.
Challenges for provinces
The curriculum and standard of education must be competitive at national/international levels
(uniformity with national and international standards). This would need experts especially at the
higher education level. New wings/sections have to be established for new responsibilities and
new policies have to be approved from the cabinet or assembly e.g., Balochistan does not have
the compulsory Primary Education Legislation for implementing article 25-A (Free and
compulsory education for children of ages 5-16 years).
The province would require specialised arrangements to respond to the challenges confronting
the HE sector. It must therefore have in place a provincial HEC or council in line with the HEC
Ordinance of 2002 with clear composition, power and functions to deal with the HE sector and
its standards, and it must be an autonomous body.
Impacts on HE
• The 18th Amendment Act will have a significant impact on the HE sector nationally and
provincially. At the national level, no legal and legislative protection is given to the HEC as a
federal unit. As per Article 38 devolved,
HEC may not justify its position as a single body on HE.
• Devolution would encourage multiplicity of standards/regulations on admissions, and minimum
quality requirement for appointment, promotion, quality assurance on academics, curriculum and
scholarships and would impact on overall knowledge exchange.
• HE at the national level will face serious challenges on access, quality, relevance and equity
that hold fundamental positions promoting national cohesion. HEC will also face international
challenges from international donor agencies on adopting economic and social change essential
to education innovation at the institutional level. As devolution limits the HEC’s role in the
provincial HE sector, it would also limit its role in cross borders/collaboration in sharing
knowledge.
• The socio-economic development plan is very much connected with the country’s HE and
science and technology programmes. For instance the HR requirements such as doctors,
engineers, scientists and economists have to be determined at the national level and so is the
funding that comes from the federal government. Devolution will have a negative impact on the
process of national socio-economic development provincially and federally.
The devolution of the education sector especially Article 38 will have a negative impact on the
HE sector at the national and provincial level as it is challenging the mandate of HEC.
The HEC and the provinces will face national/international challenges. Article 129 (“the
provincial government subject to the Constitution, the executive authority of the province shall
be exercised in the name of governor by the provincial government consisting of chief minister
or ministers” will deeply politicise the appointment of VCs, rectors and presidents.
Uniformity, standards/regulations compatible with the national/international standards may not
be maintained in the HE sector in all provinces. The 18th amendment would be a failure as far as
the HE sector is concerned.
Challenges such as access, quality, relevance and equity require further response from the HEC.
Report by Social Policy and Development Centre (SPDC)
The results of this report reveal that barring Balochistan province educational performance
during the period 2005-09 (pre 18th Amendment) are significantly high as compared with the
period 2011-15. The comparatively low performance during the post 18th Amendment 2011-15
period, especially in Sindh province raises questions and doubts regarding the effectiveness and
usefulness of devolved education system.

18th amendment and culture

There is a growing view in the establishment and among some political groups that the
amendment has weakened the state and has been a major reason for the country’s financial
problems.
The 18th Amendment may well have contributed to the country’s remaining on the path of
democracy.
Unanimously adopted by parliament in 2010 after two years of deliberations by a parliamentary
committee that was represented by all the major parties, the 18th Amendment virtually
overhauled the 1973 Constitution. The amendment includes 102 important articles and has made
the 1973 Constitution more democratic.
It struck down the 17th Amendment imposed by Gen Musharraf’s government that had
undermined parliament. It returned the powers to parliament by removing Article 58(2)(b) that
gave the president the power to sack an elected prime minister.
More importantly, the 18th Amendment provides the provinces with strong legislative and
financial autonomy. Surely, there have been some problems of capacity and coordination
between the centre and the provinces, but provincial autonomy has turned the country into a true
federation by removing the basic cause of friction among the provinces on the distribution of
resources. The system could be further improved by the devolution of power to local
governments. Unfortunately, the political parties, which are the greatest champions of provincial
autonomy, are not willing to devolve power to the lower level.
One argument put forward by the sceptics is that the administrative and financial autonomy
granted to the provinces under the 18th Amendment has paved the way for a confederal
structure, thus weakening the authority of the federal government. The criticism is baseless.
There may be some issues related to security and finances but greater autonomy strengthens the
state rather than weakening it.
A unitary form of government cannot keep a multinational country united. A major cause of
political instability in the country has been the over-centralised rule under military regimes. That
has also been the reason for the rise of militant nationalism in parts of the country. There is some
credence to the argument that the 18th Amendment has contributed to the country’s remaining on
the path of democracy with political transitions through the electoral process.
A unitary or a presidential form of government does not provide the solution to our myriad
political and financial problems. Strongmen cannot bring long-term political and financial
stability, a lesson we should have learnt from successive military rules that left the country more
divided. In fact, federalism provides greater dynamism to the system. The provincial
governments are closer to the reality and serve the people much better.
Perhaps the most important legacy of the 18th Amendment has been the restructuring of the
National Finance Commission award. It increased the share of fiscal resources to the provinces
to 57 per cent. The insertion of Article 160 (3A) also required that the share of the provinces in
each NFC award could not be less than the share given in the previous award. The amendment
also gives the control of mineral resources to the provinces, removing one of the major causes of
alienation of the smaller provinces that had accused the centre of exploitation.
Critics of the 18th Amendment claim that the transfer of a large part of fiscal resources to the
provinces limits the financial space for the federal government which is responsible for defence
expenditure and debt servicing that constitute the biggest chunk of the budget. But many
economists refute the argument saying that the federal government is still left with a surplus after
paying for defence and debt servicing to meet other expenses. True, the economy is in bad shape
but it is not because of the 18th Amendment. The economy is critical to national security but
equally important is the continuation of the democratic process, however flawed.
There are indeed some flaws left in the amendment that are dark patches in the Constitution.
While ensuring the supremacy of parliament by removing dictatorial footprints from the
Constitution it retained some notorious clauses inducted by Gen Zia, seemingly under pressure
from the right-wing parties.
Also some retrogressive and undemocratic clauses were introduced, including barring non-
Muslims from holding the office of president. So discrimination against religious minorities has
been strengthened under the 18th Amendment