Education

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Education

Context:The ongoing crisis in the education sector vis a vis exam cancellation,paper leak etc has brought back demands of education being put in state list.

 

Historical Background

  • The Government of India Act, 1935 during British rule placed Education under the provincial list. 
  • After independence,this continued and education was part of the ‘State list’ under the distribution of powers.
  • During the Emergency, on the recommendation of the Swaran Singh Committee, 42nd constitutional amendment (1976) shifted ‘education’ from the State list to the concurrent list.
    • There was no detailed rationale that was provided for this switch and the amendment was ratified by various States without adequate debate.

 

Constitutional provision w.r.t. Education.

  • Under the Seventh schedule, there are three lists
  • The Union- 97 Subject,The State – 66 subject,The concurrent- 47 subject
  • Education is in Entry 25 in the Concurrent List by the 42 Constitutional Amendment Act 

Impact 

  • The 42nd Amendment Act has enabled the central government to enact  the Right of Children to Free and Compulsory Education (RTE) Act, 2009

 

 

 

Education

 

 

 

Arguments in favour of ‘education’ in the concurrent list

  • Uniform education policy.
  • Improvement in standards and synergy between Centre and States.
  • Corruption coupled with lack of professionalism in the state .
    • Recent issues surrounding the NEET and NTA have however displayed that centralisation does not necessarily mean that these issues would vanish.
  • Addressing Regional Disparities: Placing education in the concurrent list enables the central government to intervene in cases where there might be disparities in access to quality education, particularly in economically backward regions.
  • Resource Allocation: Education often requires significant financial resources. Both levels of government can pool their resources to enhance funding for educational initiatives.

 

 

Arguments in favour of ‘education’ in the state  list

  • As per the report on ‘Analysis of Budgeted expenditure on Education’ prepared by the Ministry of Education in 2022, out of the total revenue expenditure on education 15% is spent by the Centre while 85% is spent by the States.
  • 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.
  • The state’s Policy on reservation also has a direct conflict with Union’s reservation in seats in institutes and universities under the state,e.g. Tamil Nadu has 69% reservation, Maharashtra demand for increasing reservation limit.
  • The State Govt would want to impart education in line with the state’s unique culture and vast diversity .

 

International Practices

  • USA : State and local governments set the overall educational standards, mandate standardised tests and supervise colleges and universities.
  • The central education department’s functions primarily include policies for financial aid, focussing on key educational issues and ensuring equal access.
  • Canada:Education is completely managed by the provinces.
  • Germany: the constitution vests legislative powers for education with landers (equivalent to States). 
  • South Africa, on the other hand, education is governed by two national departments for school and higher education.

 

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