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 & 246 of 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 246 deals 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 subjects in 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 subjects in the concurrent list.

Concurrent Status of Education

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

According to the 42nd Amendment Act of 1976, about 5 subjects were transferred from the state to the concurrent list. they are:

• Protection of wild animals and birds

• Weights and measures

• Administration of justice

• Education

• Forests

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

• 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.

Criteria for Centre to interfere in ‘State List’

• Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest.

Or, Parliament can legislate on subjects that are enumerated under the State List on three conditions:

• When Rajya Sabha passes resolution

• During a National emergency (Article 250)

• When two or more states pass a resolution requesting Parliament to legislate on subjects under State List.