The removal of Dr Tariq Banuri, Chairman of Higher Education Commission led, inter alia, to a critique of the state of higher education in the country. The critics joining the debate– mostly academics/scholars– agree on the falling standards and quality of teaching and research in public sector universities and institutes of research.
The reasons are curtailment of functional autonomy, reduction in funding and political/bureaucratic interference in their affairs, through amendments in their statutes. Thus, The KP Universities Act 2012 has led to political and bureaucratic interference in the administration and policies of universities. This has resulted in erosion of their administrative and functional independence and autonomy, so vital for developing critical thinking in arts and sciences and scholarly research for economic growth, social progress, cultural development and advancement in scientific and technological fields. And the situation in other provinces is no better. Thus, the sacking of Dr Banuri, through legal manipulation, is a replication of such a strategy.
That the head of a regulatory body, appointed on merit for a guaranteed tenure, is removed without due process, is an example of maladministration. That it is done through legal manipulation (presidential ordinance) is contemptuous of law and the Constitution. It is not expected of a government which stands– or at least vouches– for strengthening institutions and letting them perform independently without pressure. Alas, all such tall claims were dashed to the ground by this unwise and illegal action!
Pending the judicial outcome of Dr Banuri’s case, the debate goes on the crisis of higher education, accentuated by the adoption of the 18th Amendment. This Amendment divested the HEC of its key powers namely planning, policy formulation, curriculum/syllabi, standards of higher education/research, and son. Therefore, it should have cut itself to size, but didn’t. It maintains a huge establishment and conducts activities and studies, and publishes reports, which it lacks the power to enforce. Such expenditure, besides being superfluous, is a drain on the meagre finances given to it for disbursement to universities. The Province of Sindh has cut off its link with HEC by establishing its own HEC through a statute in 2013, followed by Punjab in 2014. KP has also opened a Higher Education Department within the Ministry of Education. That leaves the Province of Balochistan, still confused or undecided as to its future course of action as regards the devolved subjects.
There is a pressing need for uniform national education policies and fixing standards of higher education and research in the interest of socio-economic development and national unity and solidarity; and the HEC is best suited to perform the task.
The HEC claims its functioning to be based on an order of the Supreme Court, passed in 2011. It was a temporary injunctive relief, wherein the notification of its devolution was nullified. The matter came up in a peculiar environment: following complaints of law makers holding fake degrees, the Chairman HEC was tasked to verify their degrees. He was under pressure to clear them but he resisted, so the Government hurriedly issued the Notification (under the 18th Amendment to abolish the HEC and devolve its functions on provinces, which could be easily manipulated.
The notification was perceived to be a stratagem to save the unworthy parliamentarians from disqualification. But the measure failed, as meanwhile, the civil society had come out on streets, demanding action against corrupt leaders and fake degree holders. The Attorney General appeared in the Court and stated that there was no plan to abolish the HEC, and that the Government contemplated changes in the HEC Ordinance 2002, in consultation with the stakeholders. The Court therefore nullified the Notification, it being contrary to the HEC statute.
Notwithstanding the Court order, the 18th Amendment is a reality. No one, not even the Supreme Court, can envisage any variation of, or deviation from the command of the supreme law, that is, the Constitution. What is required now is to review the HEC Ordinance. With the devolved subjects taken out, the HEC will become redundant. The Federal Legislative List contains few subjects like “libraries, social studies, Federal agencies/institutes for research and professional/technical training and the education of local students abroad and foreign students in land”, but these functions are performed by the relevant Government ministries, not the HEC.
The 18th Amendment was a great achievement, especially the clauses that restored the 1973 Constitution in its original (parliamentary) form. The abolition of the Concurrent List and transfer of additional subjects to provinces also strengthened the principle of provincial autonomy, and was well received. Their implementation however leaves a lot to be desired!
The provincial governments were Ill-prepared to assume responsibility for handling autonomous teaching/research institutes. By amending their governing statutes, they are bereft of autonomy, exposed to political/bureaucratic maneuvering and starved of funds. Leaving aside finances for building libraries, buying equipment, conducting research and sending teachers abroad for higher studies, no funds are available to pay salaries to faculty/staff. Thus, the crisis deepens with the passage of time. Not able to run schools and colleges, the provinces are unlikely to perform any better in managing the institutes of higher learning and research.
The way out is to keep in mind that the HEC is a national body, necessary in a federal republic for Centre-provincial and inter-provincial cooperation/coordination. It has to its credit valuable services rendered in planning and implementing policies for improving the quality of teaching/research, designing courses/syllabi, training of faculty and career development, and so on. It is a national institution, in touch with the institutions of higher education and research, both home and abroad, and has qualified and trained professional staff to discharge its obligations. This unique expertise should not go to waste. There are two ways to revive and make it functional: First, by transferring to it the subjects listed in Part II of Federal Legislative List, including “legal/medical professions, standards in institutions for higher education/research, scientific/technological institutions, national planning and coordination of scientific/technological research”. They were placed under the control and supervision of the Council of Common Interest (CCI), headed by the PM and comprising the four chief ministers and 3 members from the Federal Government. Its recommendations are placed before Parliament (in joint session) for decision and legislation/policy formulation. The CCI or Parliament may therefore assign such subjects to the HEC. Second, under Article 144 of the Constitution, a province may (through a resolution, passed by the Provincial Assembly) assign a provincial subject to Parliament for legislation. Thus, the devolved subjects may return back to HEC.
There is a pressing need for uniform national education policies and fixing standards of higher education and research in the interest of socio-economic development and national unity and solidarity; and the HEC is best suited to perform the task.
