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Analysis of 18th Amendment
Analysis of 18th Amendment
Management of Provincial
Autonomy in the Context of 18th
Amendment
Sequence of presentation
• Introduction
• Provincial Autonomy
(18th Constitutional Amendment)
• Financial Devolution
• Council of Common Interests (CCI)
• National Economic Common (NEC)
• Health Sector after 18th Amendment
• Education after 18th Amendment
• Challenges
Introduction
• Pakistan's history is replete with efforts to grapple with
federalism and balance power between the centre and its
provinces.
• Right from the inception of the state, an inequality in
income and service distribution amongst provinces—
suspicion with regard to the federation and larger provinces.
• With the transition to democracy in 2008, a political
consensus on re-allocating several federal-level functions to
the provinces emerged.
• Encapsulated in the 18 Amendment to the Constitution, this
consensus resulted in the abolition of the Concurrent List
Introduction
• The 18 Amendment included 102 amendments to various sections of the
Constitution including the deletion of the Concurrent Legislative List and
the addition of subjects to Part II of the Federal Legislative List.
• Article 101.–
i) Appointment of the Governor to be on the advice of the Prime Minister.
ii) That he shall belong to the same Province and shall be a registered
voter.
Provincial Autonomy
(18th Constitutional Amendment)
• Article 116.- In case the Governor fails to give assent to a Bill within ten
days it shall be deemed that he has assented to the same.
• Article 130.-
– Size of Provincial Cabinet to be not more than 11% of the Assembly and
Chief Minister not to appoint more than five Advisors.
– Mode of election of Chief Minister changed.
• Certain items have been omitted from the Federal Legislative list Part I and
have not been included in any other list.:-
– Item 33. State Lotteries.
– Items 45. Duties in respect of succession to property.
– Items 46. Estate duty in respect of property.
– Items 50. Taxes on Capital value of immovable property.
• A few items have been moved from the Federal Legislative List Part I to Federal
Legislative List Part II:-
– Item 21. Major Ports.
– Item 32. National Planning and national economic coordination including
planning and coordination of scientific and technological research.
– Item 38. Census.
– Item 39. Establishment of standard of weights and measures.
Financial Devolution
• Article 161(a).- Federal Excise Duty collected on gas “shall not form part
of the Federal Consolidated Fund and shall be paid to the province in
which the well-head is situated”.
• Article 161 (b) stipulates the same for the Federal Excise Duty collected
on oil well-heads.
Financial Devolution
• A number of problems arose due to the re-structuring required after the of the
18th Amendment and stemmed principally from the sudden abolition of some
Ministries, and the abrupt transfer of responsibilities to the provinces without a
transitional period.
• As a result, the federal role in sectors such as health was undermined and there
was a loss of leadership in the healthcare sector at the national level.
• With the loss of leadership and ownership at federal level the vital link to world
global health cooperation was also undermined.
Health Sector after 18th
Amendment
• With the loss of leadership and ownership at federal level the vital link to world
global health cooperation was also undermined.
• Each of these in turn has a bearing on provincial and district-level service delivery,
health financing, human resource management and health governance.
• Fragmentation is most evident in, and detrimental for, health information, there
are many gaps in the flow and consolidation of information which makes it very
difficult to synthesize information for decision making.
Health Sector after 18th
Amendment
• Tensions arose between the federal entities over the control of
federal functions in health.
• The centralization of power in the provinces along with the lack of tangible plans to
decentralize responsibilities to the districts is an issue to be addressed.
• In addition, recent analysis has pointed out that large devolved programs are facing
problems — the Lady Health Worker Programme being a key example.
• It's weaknesses notwithstanding; the former Ministry of Health had some processes in
place to deal with these problems. These processes were either not fully transferred, or the
provinces did not have the capacity to deal with them.
• The provinces have not paid sufficient attention to health promotion and despite adequate
resources the focus has remained on tertiary care and medical schools. Lack of attention to
glaring problems such as the prevailing doctor-nurse ratio, does not inspire confidence in
provincial governments' capabilities.
Health Sector after 18th
Amendment
• The provinces are also having difficulty implementing some of the decisions that
the federal government took immediately before the 18thAmendment that now
have significant resource implications at the provincial level.
• The remuneration of health professionals as in the case of doubling the salary of
women health workers', following the orders of the Supreme Court, is one
instance where the resource allocation situation of the provinces was
considerably affected.
• Revenue distribution has been a key bone of contention in federal-provincial
relations. Provinces consistently state that given their new responsibilities, the
allocation of funds is insufficient, especially since the Rs. 23 billion for vertical
programmes was based on 2010 estimates and did not take into account the
impact of decisions such as the doubling of female health worker remuneration.
• These tensions have surfaced because of the fundamental mistake of deciding the
National Finance Commission (NFC) Award before the passage of the 18
Amendment.
Health Sector after 18th
Amendment
• These 'problems' were largely process-related and could have been avoided if decision
making had been more participatory and open; if technical advice had been sought
and taken into consideration, and if a carefully designed planning phase had guided a
transition period wherein these changes could have been incrementally made.
• Some provinces are moving forward with the creation of strategic plans and provincial
policies while efforts are also underway to initiate greater integration of the vertical
programmes.
• Its initial issues notwithstanding, the establishment of the Drug Regulatory Authority
at the federal level is also an indication that collaborative federalism can be
established.
Health Sector after 18th
Amendment
• The government launched the Prime Minister's Health Insurance Programme to
provide free-of-cost medical treatment facilities to as many as 118,585 families,
up until early April 2016.
• Balochistan also started the programme in March 2016, and the plan would
benefit 242,000 people in the province according to the provincial government
estimates. The plan would cover diseases such as diabetes and cancer.
• An allocation of Rs. 2 billion for the scheme under PSDP for the fiscal year 2016-
17. Furthermore, Rs24.951 billion has been given to the National Health
Services, Regulations and Coordination Division for 15 ongoing and three new
schemes under PSDP.
Health Sector after 18th
Amendment
• The government launched the Prime Minister's Health Insurance Programme to
provide free-of-cost medical treatment facilities to as many as 118,585 families,
up until early April 2016.
• Balochistan also started the programme in March 2016, and the plan would
benefit 242,000 people in the province according to the provincial government
estimates. The plan would cover diseases such as diabetes and cancer.
• An allocation of Rs. 2 billion for the scheme under PSDP for the fiscal year 2016-
17. Furthermore, Rs24.951 billion has been given to the National Health
Services, Regulations and Coordination Division for 15 ongoing and three new
schemes under PSDP.
Education after 18th Amendment
• The Eighteenth constitutional amendment has some drastic effects on Education sector in
Pakistan.
• There are two distinctive changes in 18th amendment. First the inclusion of article 25A that
ensures the right to education to the children from five to 16 years, and second the exclusion
of concurrent list which implies that the curriculum, syllabus, planning, policy, Centre of
excellence and standards of education would be devolved and comes under provincial
jurisdiction.
• The implications of 25A can only be significant if the government really exhibit the will to
implement the clause in its true essence. Nevertheless the article 25A provides an
opportunity to develop a legislative framework for Education sector that would provide the
basis of accountability of responsible authorities who maybe involve in denying this basic
right to education.
• The second and the most significant effect of 18th amendment is the abolishment of
concurrent list. As stated above it has implications on all those educational areas which were
part of federal jurisdiction. In fact apart from Higher education, everything related to
education is now devolved to the provinces.
Education after 18th Amendment
• Under the 18th Amendment to the Constitution, the functions of formulating education
policy and determining curricula have been devolved to the provinces, but conflict still
persists over the question of which aspects of education need to be devolved.
• Parliamentarians and Senate members have argued that allowing the provinces to have their
own syllabi and curricula is a retrograde step that will harm national integration and
cohesion. Meanwhile, the capacity of provincial education departments to design, plan,
manage and implement programmes and projects is also an area of concern.
• Legislating on the required constitutional amendment, however, was just half the task. The
real challenge since then has been to ensure that provincial governance structures have
sufficient capacity to handle their increased responsibilities.
• Ensuring this has been a challenge, with obvious implications for the country's already lacking
public sector performance. Despite binding itself to a constitutionally mandated devolution
of power, there is evidence that the centre is still sceptical about the ability of provincial
governments to shoulder their new responsibilities.
Education after 18th Amendment
• The tussle over the extent of devolution in the education sector is
illustrated by the controversy that came to surround the dissolution of the
Higher Education Commission (HEC) in Pakistan.
• The move to dissolve the HEC evoked broader fears concerning provincial
capacity to manage tertiary education. Some experts advised that the
process of handing over the HEC's functions be undertaken gradually,
based on an unbundling of HEC mandates and functions and their
sequential transfer.
• This would have enabled the process to move smoothly and without
disrupting the functioning of universities and the fate of scholars and
students in advanced stages of research. Instead, a turf war ensued.
Education after 18th Amendment
• HEC officials began insisting that the status of the entity as an autonomous
body was protected under the 18th Amendment's Fourth Schedule, which
allowed for it to continue supervising standards in institutions of higher
education and ensure inter-provincial coordination.
• However, those in favour of disbanding the HEC insisted on the need for a
separate commission constituted under the Cabinet Division to look after
degree verifications – one of the key functions of the HEC.
• The federal government's attempt to place the HEC under the Ministry of
Professional and Technical Training was promptly suspended by the Sindh
High Court in July 2012, albeit temporarily. The authority's fate still hangs
in balance, and it currently comes under the supervision of the ministry.
Education after 18th Amendment
• Following the implementation of the 18 Amendment, a United Nations Educational, Scientific
and Cultural Organization (UNESCO) report noted varying provincial priorities to education.
• While Sindh still lacks a formal policy document that can be considered the province's
authoritative policy on education, there are ongoing discussions within the education
department on this issue.
• Balochistan is in the process of developing an education sector plan with assistance from the
UN. To that end, UNESCO set up a Policy Planning and Implementation Unit in 2010 to design,
coordinate and oversee educational reforms.
• The unit drafted laws on compulsory education and curriculum development and initiated a
donor coordination process. The Department of Elementary and Secondary Education in
Khyber-Pakhtunkhwa has prepared the Khyber-Pakhtunkhwa Education Sector Plan to be
implemented by 2015. Punjab, meanwhile, has developed the Punjab School Roadmap aimed
at achieving the enrolment of all children of school-going age and attaining universal literacy
in the province.
Education after 18th Amendment
• While these plans should have been put into place before responsibilities were devolved,
they are steps in the right direction. However, further attention and a commitment to
providing resources is needed if significant education sector improvements are to be
implemented.
• Coordinating the distribution of donor funded projects in the education sector also remains
weak and fragmented and the passage of the 18 Amendment has not helped in this regard.
• Since devolution, the ensuing confusion is feared to have caused a duplication of efforts with
more than one donor implementing projects in the same geographical area.
• While most donors are involved in primary education, very few are interested in providing
support for vocational training or improving general literacy efforts, despite the fact that half
of Pakistan's adult population is unable to read or write.
Education after 18th Amendment
• Another major challenge that education specialists have begun drawing attention to is the
need for provincial governments to set up special arrangements to address the needs of the
education sector during times of emergency.
• Based on experiences from the post-disaster efforts after the 2005 earthquake and the three
years of flooding since 2010, special arrangements need to be put in place within the
provincial education departments to expediently oversee the reconstruction of damaged
schools and the rehabilitation of displaced students. This is an area that donor agencies and
relief organizations could also assist in.
• The process of devolution in Pakistan was long anticipated but inadequately prepared for.
Nowhere is this more apparent than in the education sector. The provinces have prioritized
education in varying ways and it has become apparent that the provinces do not yet have
sufficient capacity to handle their increased responsibilities.
• Moreover, there is still conflict and confusion over basic issues including which aspects of
education, previously handled by the Federal Ministry of Education, need to be devolved.
Education after 18th Amendment
• The government has earmarked Rs. 84.19 billion for Education Affairs and Services in the
federal budget for 2016-17 against Rs. 75.57 billion it had allocated for last fiscal year,
showing an increase of 11 percent.
• According to the budget documents Rs. 79.5 billion has also been earmarked for Higher
Education Commission (HEC) including Rs. 21.5 billion under the Public Sector Development
Program (PSDP) and Rs. 58 billion on account of current expenditure, showing an increase of
13 percent as compared to Rs. 51 billion earmarked for 2015-16. Overall this is 11 percent
higher than last year and highest ever in Pakistan’s history.
• The government has earmarked Rs. 8.19 billion for pre-Primary & Primary Education Affairs
for 2016-17 against Rs. 7.24 billion for 2015-16 which was later revised to Rs 7.24 billion, Rs
10 billion earmarked for Secondary Education Affairs & Services for 2016-17 against Rs 8.99
billion for 2015-16, Rs 63.59 billion for Tertiary Education Affairs and Services against Rs 56.67
billion earmarked for 2015-16 which was later revised to Rs 56.84 billion.
Education after 18th Amendment
• According to budgetary document Rs 5.4 billion earmarked for the new schemes of
the HEC, while Rs 16.05 billion earmarked for the ongoing schemes.
• The allocated amount for the new important schemes included Ph.D Scholarship
Program under Pak-Us Knowledge Corridor phase-1, with total funding of Rs. 300
million while Rs297.981 million has been earmarked for Strengthening & Up
gradation of the Universities of Less Developed Areas. An amount of Rs. 200
million has been allocated for the Women University Campuses at Pashin and
Khuzdar.
• The ongoing schemes of the HEC included Establishment of FATA University with
total funding of Rs250.000 million, while Rs 350.000million for Establishment of
University of Loralai, Rs 50.000 million for Establishment of University at Sibi,
Balochistan has been allocated.
Education after 18th Amendment
• A total amount of Rs. 500 million has been earmarked for the Fulbright
Scholarships Support Program of HEC-USAID Phase-2, while Rs. 900 million would
be utilized for Indigenous PhD fellowship for 5000 scholars, HEC phase-2.
• The federal government on the initiative of the Prime Minister of Pakistan has
launched a scheme to support the students from less developed areas. The
scheme is focused on enhancing the access to higher education especially to
talented but financially constrained students belonging to remote and far flung
areas of the country who despite possessing academic merit, are unable to finance
their education.
Education after 18th Amendment
• Under this innovative and special scheme, along-with tuition fee, the federal government has
paid other academic, incidental, or mandatory fees charged by educational institutions as
one-off or on a per semester basis for Masters, MS/ M.Phil & Ph.D students of selected areas.
• A cumulative Rs. 5.0 billion have been released for this scheme since its inception. HEC has
successfully paid around Rs. 3.896 billion on account of fee to a total number of 134,926
deserving students studying in Masters /MS, M.Phil & PhD programmes.
• The Prime Minister’s Youth Skill Development Program was launched under the directives of
Prime Minister for unemployed and less educated youth.