Autonomy of Higher Education Sector in Post-18th Constitutional Amendment Era: Challenges and Prospects

Abstract

The current study tries to comprehend whether the devolution of power as envisaged by the 18th Amendment is reflected and incorporated in the existing Legislative Framework of Higher Education. Theoretically, the 18th amendment strengthened the federal structure where federating units are empowered to make their own decisions without external interference; however, practically Apex Courts are backing the HEC to have a strong hold on provincial commissions while enjoying the absolute authority in the name of cooperative Federalism. The study revolves around the changing role of the HEC at the Federal level and the newly emerging role of HECs at the provincial level. The study revolves around the role of Higher Courts in impacting and reshaping the existing regulatory framework. The conclusions showed that universities enjoy more substantive autonomy and less procedural autonomy; therefore, HECs have to respect other Provincial HECs as mandated by the Eighteenth Amendment while transferring powers pragmatically to provincial HECs.