Published: 17th Aug, 2023
Context
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 7th 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.
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According to the 42nd Amendment Act of 1976, about 5 subjects were transferred from the state to the concurrent list. they are:
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- 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:
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The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia. |
- 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.
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Criteria for Centre to interfere in ‘State List’:
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