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The growing uproar between and within different political parties over the fate of Higher Education Commission (HEC) reflects confusion over the understanding of the members of the august house on the unanimously passed eighteenth constitutional amendment.
Many linked the HEC as part of the Education Ministry and sought its devolution as per the eighteenth amendment. However few noted that the HEC was established through an ordinance in 2002. As per Cabinet decision of March 28, 2011 the government has not devolved the HEC and four functions namely external examination, education in the capital, welfare of Pakistani students abroad and international exchange of students and teachers would remain under federal control.
The painstaking consensus on the eighteenth constitutional amendment with one objective being the granting of greater autonomy to the provinces has spawned multiple problems associated with lack of capacity in the provinces to undertake the devolved tasks or indeed to absorb the manpower of the defunct federal ministries.
The HEC's dissolution has created a political storm and the tempest was clearly evident in the national assembly on Tuesday. The doomsday scenario presented by those opposed to HEC being dissolved was premised on concerns that there would no longer be a uniform curriculum, one nation wide standard of education or one pivot which could channel foreign funding for institutions and students.
A collapse of all postgraduate programmes of the HEC because of funding cuts is feared by academics and students and highlighted by politicians opposed to this latest move by the government. After the announcement some of the erstwhile functions of the HEC, especially curriculum, syllabi, policy and planning are being devolved to the provinces, the seemingly bewildered government came up with its usual defence: nothing is going to change but the name of HEC.
Despite claims and counter-claims, one thing can be said for sure: there is confusion and it is unclear as to who would provide the necessary clarity. Raza Rabbani, the staunchest proponent of dissolving the HEC stated in the House that the Implementation Commission that he heads is willing to sit with the HEC to resolve all issues. To his surprise Nawab Yusuf Talpur, a senior leader of the ruling PPP, insisted that HEC should be devolved to the provinces and stated that renaming of the HEC is tantamount to a conspiracy against the 18th Amendment. He then went a step further and criticised the government of not implementing the National Finance Commission (NFC) award.
During Rabbani's address he was informed that the apex court has issued an order directing the HEC to carry on till the government amends presidential ordinance under which HEC had replaced University Grants Commission. On Tuesday, the day earmarked as a private members' day, allowing members to introduce legislation, is the domain of the government, however proceedings of the National Assembly revolved around the HEC issue.
Khurram Dastgir of PML-N once again reiterated his party's position over the dissolution of HEC and accused the government of creating confusion. Shahid Khaqan Abbasi of the N-league sought a reply in simple terms bereft of any constitutional aspect on the fate of the HEC. The absence of leader of the opposition Chaudhry Nisar Ali Khan, who was absent along with several other members of his party, reflected the importance attached to this issue by the party.
Bushra Gohar of the ANP also voiced her support for the dissolution of HEC and did not support the renaming of the HEC as noted earlier by Rabbani. Having learnt about the SC order, Raza Rabbani referred to trichotomy of powers and said every institution should work within its domain. It would be a new chapter in our history if Parliament is not allowed to perform its job of legislation, he added. In addition, Raza Rabbani issued a warning to those who he accused of politicking over the HEC issue saying 'I want to settle all issues amicably but if situation worsened any further and factors stumbling provincial autonomy continued, I will unveil their true faces'.

Copyright Business Recorder, 2011

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