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Constitutional Rights to Education and its Implementation across Provinces By Abdus Sami Khan
This paper provides a synthesis of the qualitative and quantitative data on the provision of free and compulsory education across the provinces of Pakistan, following the 18th Amendment to the Constitution of Islamic Republic of Pakistan, 1973, in 2010. Specifically, Article 25-A of the Constitution that guarantees free and compulsory education to all children of the age of five (5) to sixteen (16) years.
The paper attempts to reveal the harsh realities concerning the alarming number of out of school children as well as the failure to achieve basic indicators of Universal Primary Completion. Statistics demonstrate that over sixteen (16) million children between the age of five (5) and sixteen (16), have never been to school, in fact, 80% of children in the age group of fourteen (14) and fifteen (15) are out of school. None of the provinces have achieved the desired Net Enrollment Rate of hundred (100) at the secondary level of education.
The paper examines the role of provincial governments in responding to these challenges, encouraging policy developments, and exploring the growing national consensus on reform for quality education. It identifies some key themes within the analysis of secondary data/research, such as diversity and unity; socio-cultural locations, class, gender, age and ethnicity of students; harmonizing roles of schools and communities; and the practicalities of implementing national policies for reforms in education, at school level.
It points out institutional bottlenecks in the education sector and concludes by proposing a way forward, providing recommendations for policy alternates and further reforms for development in the education sector.
A case for Urban Policing in Pakistan By Former IGP IFTIKHAR AHMED, PSP
The model of policing laws, as well as functioning and structure of the police station, in Pakistan, conceived under the Police Act of 1861, is a colonial remnant, akin to a plethora of other laws and systems. The post- independence constitutional arrangement of Pakistan, which drew upon the India Act of 1935, policing remained a provincial subject, but the legislation enshrined in the Constitution allowed the federal government to extend its influence over this essentially provincial matter. The overarching law regulating the procedure of criminal trial and crime investigation is the Code of Criminal Procedure, 1898 (CrPC). Moreover, the Pakistan Penal Code, 1860 (PPC), Qanoon-e-Shahdat Ordinance, 1984, Anti-Terrorism Act, 1997 (ATA), and other statutes form the basis of Pakistan’s criminal justice system, of which the police are an integral part and the first entry point.
Within this framework, Punjab Police Rules, 1934 (1934 Rules) formed the basis of administration for police force across the country. The structure of the police station designed under, elaborate and detailed, 1934 Rules, was based on territorial jurisdiction, which worked well for a while despite the transition impelled by independence, in 1947. However, the structure of police and its functioning prior to the independence had two fundamental flaws; firstly, it was designed for a colony wherein, maintenance of order and stability rather than dispensation of justice was the underlying motive; secondly, the police station structure and composition perfectly conspired and colluded with the ‘land tenure system’ headed by the ‘executive magistracy’, thereby supporting the landed aristocracy rather than the urban middle class.
Despite Pakistan’s transformation from a colony to an independent democratic state, growth of cities in size, revolutionary changes in technology and communication, the police station structure has been impacted little in terms of organizational design, business processes, human resource or technology.
The Promise Of Democracy By Saad Rasool
For over seventy (70) years, the State and people of Pakistan have had a chequered romance with democracy. Between prolonged interludes of military intervention, and feeble decades of tainted democratic governments, the dream of a truly representative democracy (free of corrupt elements), has remained an elusive goal in Pakistan.
As the country approaches the 2018 General Elections – amidst controversy surrounding disqualification and conviction of former Prime Minister Mian Muhammad Nawaz Sharif – there is a renewed debate about the manner in which Pakistan conducts its electoral process, and the reforms that are required to ensure that the democratic paradigm accurately reflects public choice, within the contours of our constitutional framework.
In the circumstances, this paper attempts to outline the constitutional and legislative framework within which elections are conducted in Pakistan. Importantly, the paper attempts to identify gaps within the existing legal and administrative framework, which must be guarded against in order to ensure that the ‘will of the people’ finds voice through the electoral process.
Patronage and the Recentralization of Decentralization:
A Comparative Design Analysis of Local Government Reforms in Punjab By Zainab Shahid
In August 2013, the Pakistan Muslim League government in Punjab, Pakistan’s provincial hegemon, passed its first democratic decentralization reforms. This paper is a comparative analysis of those reforms with the previous decentralization in 2001, arguing that the province acted in an authoritarian manner, designing the reforms so as to retain actual administrative and fiscal powers with the province. It is argued that the government’s primary motivation for doing so was to keep its control of essential patronage based political networks intact, leading to