Tamil Nadu Govt. seeks to transfer of ‘education’ back to State List

Recently, Tamil Nadu’s Chief Minister M.K. Stalin has called for transferring ‘education’ back to the State List of the Seventh Schedule of the Constitution.

• Education, originally a State subject, was moved to the Concurrent List by the Indira Gandhi government during the Emergency.

Indian Constitution and 7^th Schedule:

• The constitutional provisions in India on the subject of the distribution of legislative powers between the Union and the States are defined under several articles; the most important in this regard being specifically under Articles 245 & 246of the Constitution of India.
• The Seventh Schedule to the Constitution of India defines and specifies the allocation of powers and functions between Union & States.
• Article 246deals with the 7th Schedule of the Indian Constitution that mentions three lists named as;
  • Union List,
  • State List and
  • Concurrent List.
• Originally there were 97 subjects in the union list but now it is 100 subjectsin the union list.
• And in the state list, there were 66 subjects but now it is 61 subjects.
• And in the concurrent list, there were 47 subjects but now it is 52 subjectsin the concurrent list.

Concurrent Status of Education:

• Until 1976, education was a state subject with some provisions at the central level.

• The 42nd amendment, 1976 changed the status of education by putting it on the concurrent list.
• Making education a concurrent subject ensures that both the Centre and state can legislate on any aspect of education from primary to the university level.
• By having education in the concurrent list, center can implement directly any policy decisions in the states.
• So, concurrent status of education means that there is a partnership between State government and central government when it comes to Education policy making and implementation.

Status of Education:

• Under Central/Union List: The Center has exclusive authority to legislate for the items of this list.
• Entry 65;
  • Research centres for special studies
  • Scientific or technical assistance in the investigation of detection of crime.
  • Training of police officers, professionals, vocational or technical training
• Entry 66;
  • Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions.
  • Establishment of university grant commission (UGC).
• Entry 67;
  • Under Article 49, protection of monuments and places and objects of National importance.

About Concurrent List:

• Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List.
• While both Central and State governments can legislate on subjects mentioned under the Concurrent List, however, in case of any conflict, the law made by the Central Government prevails.
• The matters on which uniformity of legislation throughout the country is desirable but not essential are enumerated in the concurrent list.

State List and Powers:

• The state list contains items pertaining to local interests, aims and objectives.
• The States have the right to legislate items on this List according to local preferences and objectives.