SHOULD EDUCATION BE IN THE STATE LIST?
The NEET-UG exam has been embroiled in controversies over the award of grace marks, allegation of paper leaks and other irregularities.
The government also cancelled the UGC-NET exam after it was held, while the CSIR-NET and NEET-PG exams have been postponed.
Education, an important public good is now part of the concurrent list.
THE BACKGROUND
The Government of India Act, 1935 during the British rule created a federal structure for the first time in our polity. The legislative subjects were distributed between the federal legislature (present day Union) and provinces (present day States).
WHERE WAS EDUCATION PLACED?
Education which is an important public good was kept under the provincial list. After independence, this continued and education was part of the ‘State list’ under the distribution of powers.
WHEN WAS EDUCATION BROUGHT IN THE CONCURRENT LIST?
During the Emergency, the Congress party constituted the Swaran Singh Committee to provide recommendations for amendments to the Constitution. One Of the recommendations of this committee was to place ‘education’ in the concurrent list in order to evolve all-India policies on the subject.
WAS CONSTITUTION AMENDED?
This was implemented through the 42nd constitutional amendment (1976) by shifting ‘education’ from the State list to the concurrent list.
WAS THERE DEBATE AROUND THE ISSUE?
There was no detailed rationale that was provided for this switch and the amendment was ratified by various States without adequate debate.
THE AFTERMATH OF EMERGENCY
The Janata Party government led by Morarji Desai that came to power after Emergency passed the 44th constitutional amendment (1978) to reverse many of the controversial changes made through the 42nd amendment.
WERE THERE ANY AMENDMENT PROVISIONS WRT EDUCATION?
One of these amendments that was passed in the Lok Sabha but not in the Rajya Sabha was to bring back ‘education’ to the state list.
INTERNATIONAL PRACTICES
- In the U.S., State and local governments set the overall educational standards, mandate standardised tests and supervise colleges and universities.
- The federal education department’s functions primarily include policies for financial aid, focussing on key educational issues and ensuring equal access.
- In Canada, education is completely managed by the provinces.
- In Germany, the constitution vests legislative powers for education with landers (equivalent of States).
- In South Africa, on the other hand, education is governed by two national departments for school and higher education.
- The provinces of the country have their own education departments for Implementing policies of the national departments and dealing with local issues.
WHAT SHOULD BE THE WAY FORWARD?
THE ARGUMENTS
| Education in state list | Education in concurrent list |
| · 85% Expenditure on Education is done by the states & 15% by the center.
· ‘One size fits all’ approach is Not feasible neither desirable in A diverse country like India. |
· A uniform education policy, Improvement in standards and synergy between Centre and States.
· Corruption & lack of Professionalism in states. |
There needs to be a productive discussion towards moving ‘education’ back to the State list. This would enable them to frame tailor-made policies for syllabus, testing and admissions for higher education including professional courses like medicine and engineering. Regulatory mechanisms for higher education can continue to be governed by central institutions like the National Medical Commission, University Grants Commission and All India Council for Technical Education.
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