Confused and markedly dissimilar views were expressed by members of the National Assembly on Tuesday regarding devolution of Higher Education Commission (HEC) to provinces. Pakistan Muslim League-Nawaz (PML-N) termed the HEC a federal subject under item 12 of Federal Legislative list Part-II, Pakistan People's Party (PPP) remained focused on a limited role for the HEC in the federation while Awami National Party (ANP) sought devolution of the Commission to the provinces.
The PML-Q members had differences in opinion even amongst themselves. Khurram Dastgir Khan of PML-N said that HEC was an independent institution with no links with the provinces. He said that according to item-12 of Federal Legislative Part-II of the Constitution, "Standards in institutions for higher education and research, scientific and technical institution" is a subject for the federation. He made it clear that the PML-N was not against provincial autonomy but accused the government of creating confusion over the issue of HEC.
Federal Minister for Inter Provincial Co-ordination and Chairman of Implementation Commission Mian Raza Rabbani, the strongest staunch supporter of HEC devolution, said that hurdles were being created in the process of granting greater provincial autonomy under the 18th Amendment. He said that some forces were obstructing the process. Devolution of education, including higher education, would be completed by June 30, this year under 18th Amendment, he added. "Some forces do not want to complete the process of provincial autonomy. If these forces do not stop their conspiracy then we will expose them with documentary proof and then they will have to respond," Rabbani warned.
Rabbani said that an autonomous body would be constituted to co-ordinate higher education issues at the federal level. It will work as a standard higher education commission and continue to work for verification of degrees and release of foreign funds for higher education to provinces. He said that the devolution of the HEC would not affect the status of scholarships.
"The HEC itself does not generate funds and is being funded by the federal government. Funds amounting to Rs 7.5 billion have been released well before time - in the beginning of April (last Saturday) instead of end of April," he said. Rabbani confirmed the veracity of the US embassy's denial that US assistance for HEC has been stopped. "But I will not say any thing about funds from the World Bank," he said. He said Implementation Commission was ready to sit with HEC to resolve this issue amicably.
During his speech, Raza Rabbani received news about stay order granted by the apex court on HEC, and said that he would get details from the Attorney General of Pakistan and then would inform the House about the developments. He said that Concurrent List was no more and item 38 of the Concurrent List dealt with the curriculum, syllabus, policy, centres of excellence and standard of education.
Rabbani said that financial devolution of ministries to provinces was necessary. In this regard, Council of Common Interest (CCI) would decide when the federal government would hand over the devolved ministries to the provinces. He said that after one or two years, the CCI would decide the time when the federal government would stop providing funds to the devolved ministries.
Pervez Khan Advocate of ANP said that education sector had been transferred to the provinces under 18th Amendment and there was no need of HEC. He said under 18th Amendment, federation could not deny the right of the provinces. ANP MNA Bushra Gohar said that the Implementation Commission gave presentations to all political parties and nobody should be in any doubt that the government was acting in accordance with the constitution and reflecting people's aspirations.
She said that the Parliament had approved the provincial autonomy and it should be implemented in letter and spirit to remove sense of deprivation among the provinces. Amir Muqam of PML-Q said that the issue of HEC was in the Court. It would be better if the HEC was transferred to the provinces, he said. Over a dozen parliamentarians of PML-Q had submitted a resolution against the dissolution of HEC in the National Assembly.
The resolution, initiated by Marvi Memon of PML-Q and signed by 14 MPs, states that HEC's devolution was against the Constitution of Pakistan and 18th Amendment. The text of resolution states: "We do not appreciate government ministers misleading the public that they have devolved HEC to provinces whereas in fact, they can't do so under 18th Amendment since parliamentarians have signed 18th Amendment to have the HEC functions fall under Federal Legislative List Part 1 clause 16, 17, 32 and part 2 clause 6, 7, 11, 12 and 13." PPP-Sherpao chief Aftab Ahmed Khan Shepao appreciated the 18th Amendment, saying that nobody was expecting provincial autonomy in a way that was given under the historic amendment. He said that the provinces must be burdened with more responsibilities, which they would then learn to fulfil.
He said that whenever the topic of provincial autonomy was discussed the people used to say that provinces have no capacity. Such attitude must be avoided, he said. While responding to the members, Mian Raza Rabbani assured the House that the issue would be resolved. He said that the Implementation Commission was examining the devolution process from different angles. "Parliament is guardian of 18th Amendment and it will protect its rights and fidelity," he said.