Centre opposes devolution of health institutions
Research, training facilities federal subjects according to Constitution, ministry says
ISLAMABAD:
The Pakistan Tehreek-e-Insaf (PTI) led federal government has opposed the Sindh government’s contention that healthcare institutions should be devolved to the provinces in view of the 18th Constitutional Amendment.
The Ministry of National Health Services and Regulations has submitted a reply in the apex court in a case filed by Sindh government against a 2016 Sindh High Court (SHC) ruling, which said research and professional training health institutions could not be devolved to the province.
It says current powers and functions of the federal agencies and institutes – like the Jinnah Postgraduate Medical Centre (JPMC), the National Institute of Cardio Vascular Diseases (NICVD) and National Institute of Child Health (NICH) – are federal subjects.
The reply says the Constitution despite 18th Amendment still contains federal institutions and agencies in the federal list under fourth schedule (Article 70) (4) FLL Part 1 and 11.
It says the article in it Part 1 item 16 provides inter alia federal agencies and institutes for purposes of research, professional or technical training or special studies while fourth schedule FFL2 item 11 provides standards in institutions for higher education and research, scientific and technical institutions.
It says these functions are being carried out by the JPMC, the NICVD and the NICH.
The reply says the JPMC and the NICVD are federal institutes within scope of entry 16 while NICH was devolved from paediatric ward of the JPMC under executive authority which the NICVD has additional cover under NICD Ordinance, which is impendent reason why its transfer was unlawful.
It says the purpose of these institutions is clearly to provide professional training and research for special studies; therefore, they need to be dealt as federal subjects.
“The Ministry of National Health Services Regulations and Coordination submitted its concurrence. If honorable Supreme Court of Pakistan deems fit to decide the matter in favour of the respondent to take over the charge of these institutions along with their staff and annual budget for its operation from Financial Year 2019-2020 after necessary approvals and allocations, while their liabilities accrued till 30-06-2019 since devolution should be borne by the respective provincial government,” it adds.
The reply says the SHC on July 4, 2016 allowing the petitions declared that all acts done or orders, directions, notification issued made pursuant to the devolution to be without lawful authority and of no legal effect in context of JPMC, NICVD and NICH.
“These institutions were established in the country to provide the special health care to all Pakistanis, impart higher education, provide specialised professional and technical training including research facilities for which the country is facing acute shortage of human resource and need high skilled manpower to serve all across the country. Moreover these institutions are providing free healthcare to the federal government employees and their families.
The reply says the JPMC is providing specialised services and teaching and training through its attached departments – the Children Hospital, Central Heart Clinic etc.
Likewise, NICVD is a statutory body having 400 beds which is catering for advance cardiac care for patients. The NICH is one of the largest specialised paediatric hospital with 500 beds, for paediatric surgery and medicine not only for people of Sindh but also Balochistan and Punjab.
The Pakistan Tehreek-e-Insaf (PTI) led federal government has opposed the Sindh government’s contention that healthcare institutions should be devolved to the provinces in view of the 18th Constitutional Amendment.
The Ministry of National Health Services and Regulations has submitted a reply in the apex court in a case filed by Sindh government against a 2016 Sindh High Court (SHC) ruling, which said research and professional training health institutions could not be devolved to the province.
It says current powers and functions of the federal agencies and institutes – like the Jinnah Postgraduate Medical Centre (JPMC), the National Institute of Cardio Vascular Diseases (NICVD) and National Institute of Child Health (NICH) – are federal subjects.
The reply says the Constitution despite 18th Amendment still contains federal institutions and agencies in the federal list under fourth schedule (Article 70) (4) FLL Part 1 and 11.
It says the article in it Part 1 item 16 provides inter alia federal agencies and institutes for purposes of research, professional or technical training or special studies while fourth schedule FFL2 item 11 provides standards in institutions for higher education and research, scientific and technical institutions.
It says these functions are being carried out by the JPMC, the NICVD and the NICH.
The reply says the JPMC and the NICVD are federal institutes within scope of entry 16 while NICH was devolved from paediatric ward of the JPMC under executive authority which the NICVD has additional cover under NICD Ordinance, which is impendent reason why its transfer was unlawful.
It says the purpose of these institutions is clearly to provide professional training and research for special studies; therefore, they need to be dealt as federal subjects.
“The Ministry of National Health Services Regulations and Coordination submitted its concurrence. If honorable Supreme Court of Pakistan deems fit to decide the matter in favour of the respondent to take over the charge of these institutions along with their staff and annual budget for its operation from Financial Year 2019-2020 after necessary approvals and allocations, while their liabilities accrued till 30-06-2019 since devolution should be borne by the respective provincial government,” it adds.
The reply says the SHC on July 4, 2016 allowing the petitions declared that all acts done or orders, directions, notification issued made pursuant to the devolution to be without lawful authority and of no legal effect in context of JPMC, NICVD and NICH.
“These institutions were established in the country to provide the special health care to all Pakistanis, impart higher education, provide specialised professional and technical training including research facilities for which the country is facing acute shortage of human resource and need high skilled manpower to serve all across the country. Moreover these institutions are providing free healthcare to the federal government employees and their families.
The reply says the JPMC is providing specialised services and teaching and training through its attached departments – the Children Hospital, Central Heart Clinic etc.
Likewise, NICVD is a statutory body having 400 beds which is catering for advance cardiac care for patients. The NICH is one of the largest specialised paediatric hospital with 500 beds, for paediatric surgery and medicine not only for people of Sindh but also Balochistan and Punjab.