ISLAMABAD: The Federal Ministry for Law, Justice and Human Rights has termed the formation of provincial higher education commissions (HECs) against the Constitution.

A source in the law ministry told Dawn that recently the Ministry of Federal Education and Professional Training had sought the opinion of the law ministry about the formation of HECs by Punjab and Sindh.

“Based on the arguments of the education ministry, we reached the conclusion that the formation of the provincial HECs was against the Constitution,” the source said.

The laws enacted by the provinces in referring to the commissions are prima facie ultra vires of the Constitution and an encroachment on the federal government’s domain, the source quoted the opinion of the law ministry as stating.

Commenting on the law ministry’s letter, noted lawyer S.M. Zafar said according to the Supreme Court judgment of 2011 the autonomy of the HEC would remain intact unless a new legislation was promulgated. “If the law ministry’s letter is based on the Supreme Court judgment, it will have a legal value otherwise it is just a piece of paper,” he said.

Ministry of Law, Justice and Human Rights says legislations enacted by provinces are an encroachment on federal govt’s domain

Meanwhile, a senior official of the education ministry confirmed to Dawn on Monday that in its legal opinion the law ministry, in the light of the HEC ordinance 2002 and the 2011 Supreme Court ruling, termed the formation of the provincial HECs against the Constitution. He said according the apex court judgment, the status of the HEC would remain intact unless the same was changed by parliament.

“In response to our letter, the law ministry made it clear that the formation of the provincial HECs was against the Constitution.” On Monday, he added, the education ministry sent a copy of the legal opinion to the HEC and other relevant organisations. The official said the Council of Common Interest (CCI) was slated to meet on Wednesday in which the education ministry would take up the matter.

It may be noted that the HEC and the provincial commissions have been lobbying for their autonomy. The central HEC has been opposing the formation of the provincial HECs on legal, academic and managerial basis.

On the other hand, the provincial bodies have been claiming financial and scholarships related shares in the light of the 18th constitutional amendment.

Sources said earlier it was almost decided that the CCI meeting, instead of March 18, would be held next month because the chief minister of Balochistan was abroad.

However, on Monday, the federal government directed the Ministry of Inter-Provincial Coordination to ensure the holding of the meeting on the scheduled date.

Published in Dawn, March 17th, 2015

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