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1st July 2024 (11 Topics)

The Federal Debate: Education and State Rights

Context

In recent times, controversies have engulfed key exams like NEET-UG, allegations of paper leaks, and irregularities have surfaced. Similarly, the UGC-NET exam was canceled post conduct, while NEET-PG and CSIR-NET have been postponed. These incidents highlight a crucial debate: the balance between federalism and centralized governance, particularly in ‘education’.

Background and Constitutional Shifts

  • Originally, education was solely under the purview of state legislatures as a State subject in the Constitution. However, during the Emergency in 1976, through the 42nd Constitution Amendment, it was moved to the Concurrent List. This amendment expanded the powers of both state assemblies and Parliament, but granted Parliament supremacy in case of conflict.
  • The shift placed education alongside other subjects like forests and weights & measures, diluting state autonomy. This move was based on recommendations to consolidate governance and ensure uniform standards across the nation. However, it sparked debates about federal principles and state rights.

Impact of Centralisation

  • Centralizing education under the Concurrent List means both the Union and states can legislate, but once Parliament acts, states cannot enact laws without Presidential assent if they conflict with Union laws. This setup has implications, particularly in areas like admissions policies.
  • For instance, the introduction of NEET for medical admissions standardized the process nationwide but curtailed states' ability to tailor admissions to local needs.
  • States argue that such centralization ignores their educational investments and unique regional requirements, impacting diversity and state-specific educational goals.
  • Critics argue that while a Concurrent List is necessary for national issues, subjects like education, crucial for local development and identity, should revert to the State List. This shift, they contend, would empower states to innovate, preserve diversity, and cater education to grassroots needs effectively.
  • Education is not merely about imparting knowledge but also about preserving cultural identity and linguistic diversity.

Fact Box

  • ‘Education’ was originally a State subject in the Constitution.
  • In 1976 (during Emergency) by 42nd Constitution Amendment, it was shifted to the Concurrent List (List III under Article 246).
  • Now, both state Assemblies and the Parliament have the power, with Parliament having supremacy over state Assemblies.
  • This is why the National Education Policy (NEP), or the National Eligibility cum Entrance Test (NEET), which are brought in by the Union government, take precedence over state governments’ own policies.
  • The 42nd Constitutional Amendment Act brought a lot of changes in the Seventh Schedule, which took away some important entries in the State List.
    • The fields of legislation under Entry 11 (Education), 19 (Forest), 20 (Wild animals and birds) and 29 (Weights and measures) of List II were shifted to List III. 
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