EDUCATION ON THE CONCURRENT LIST

AND ITS IMPLICATIONS

Meaning of Constitution
• The constitution of the country is the legal document
according to which the government works and functions.
• A constitution is considered the source of powers and
authority of government.
Constitution of India
• The constitution of India is the supreme law of India. The
document lays down the framework demarcating
fundamental political code, structure, procedure, powers
and duties of government institutions and sets of
fundamental rights, directive principles and the duties of
citizens.
• The constitution of India contains 470 Articles in 25 parts
It also contain 12 schedules.
Concurrent List
• Under the Seventh schedule , there are three lists
1. The Union- 97 Subject
2. The State – 61 subject
3. The concurrent- 52 subject
• The Concurrent list includes subjects that give powers to both centre
and state government.
Concurrent Status of Education
• Under Article 42 of the constitution, an amendment was added in
1976 and education became a concurrent list was a about major and
important changes to the Indian constitution. It also affected the status
of education by putting it on the concurrent list.

• The 86th constitutional amendment making education a fundamental

right was passed by parliament in 2002.
• The implication of making education a concurrent subject is that both
the centre and the state can legislate on any aspect of education from
the primary to the university level.

• By having education in the concurrent list centre can implement

directly any policy decision in the states.
• 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 three lists

• Central/Union List
• This list comprises of objects of great national interest. The
Centre has exclusive authority to legislate for the items of this
list.
• Parliament has the exclusive rights to enact legislation in respect
of institutions and union agencies mentioned in entries 62, 63, 64
65 and 66 of list I (Union List)
• Entry 63
• The institutions known at the commencement of this constitutions
as the Benares Hindu University, the Aligarh Muslim University
and any other like institution financed by the government of
India.
• Entry 64:
• Institutions for scientific or technical education financed by the
government of India wholly or in part and declared by parliament
by law to be an institution of national importance.
• 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.
State List or Directive Principles of State Policy

• 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.
• The Directive Principles of State Policy can be defined as
guidelines to be followed in the governance of the country by the
government. These values assist in providing policymakers and
government officials with guidance and instructions to bear in
mind when implementing policies. Some of the principles are in
the form of social and economic rights
1.Right to work
2.Right to free and compulsory education of children up to age of 14.
3.Right to equal wages for equal work, or right to adequate livelihood.

• Even today these rights are not fully enjoyed by all Indian citizens.
Education in concurrent list and its implications

• Concurrent list encompasses items of concerns of both the

centre and the states.
• Both will legislate for items in the concurrent List.
• Education is part of the concurrent List. This means policies
related to education are legislated by central and state
governments in the form of a meaningful partnership.
1.A Uniformity in Education Policy:

• Education System and its pattern should be the same

across all of India. This could only be possible when
education is made a concurrent subject. This ensures
that the structure ( 10 +2+3, 11 +1+3, 10+2+2) of
education does not vary from state to state.
2.Better implementation of education policies:

• Better implementation of policies related to education means

the better implementation of education policies in a
systematic way for better results. If education is on the
concurrent list, the centre will ensure that state governments
are correctly implementing it.
3.Proper and better utilization of funds:
• The state receives funding from the centre for
education but sometimes they spend it elsewhere, as
has been noted.
• The centre must have a say in its use when the funds
are distributed by the central government for the
betterment of schools and the education
infrastructure of states.
4.Quality Leadership from Central Government:

• Sometimes central government is able to provide quality

leadership in the form of direction and supervision when it
comes to the matters of education.

• Quality in leadership it is required to avoid the misuse of

grants.
5.Improvement in Standards:

• As a result of education is a concurrent subject,

research will advance throughout the nation. Due to
this research studies are going to be utilized better at
both state and national level.
• Education being a concurrent subject, will improve the
standard of education in the country
6.For better Discipline:

• Central government has the power to overrule the

decisions of state governments in case of
disagreements.
• This power is given to central for maintaining better
discipline when it comes to maintaining standards of
education and better emotional integration throughout
the country.
7. Education for emotional Integration:

• Education is the key force for the production of emotional

integration between all of the country. Educational
curriculum, strategies, goals, and priorities, etc. can
include guidelines to both teachers and learners so that they
can use them towards the purpose of emotional integration
of the nation as a whole.
• There is need for emotional integration in the country and
it is possible only when a state is compared with centre.
8.For creating equalitarian policies:

• Our constitution provides equal rights to each and every citizen in the
society. For achieving equity and equality in society education must be
provided to all, as the constitution gives the right to education to all.

• To create an equal society it is important that education is based on

democratic values, state have better appreciation on local needs, also
sense of security to minority and society free from red tape.
 Argument Put forth against Retaining
Education a Concurrent Subject
1. Based on Democratic Values:
State Governments have enjoyed the privilege of having
education under their control.

2. States have better appreciation of Local needs:

The State Government knows the need of the inhabitants
better. The Centre can not appreciate the educational needs of a
remote rural schools in Tamilnadu or Assam. Further officers of Indian
Education Service who do not know the local language can not
implement the education programme effectively.
3. Free from Red Tapism:

If education continues as a concurrent subject, then the

interference by more bureaucrats will be on the increase resulting in
enormous delay in the implementation of decision taken by the policy –
makers. State are forced to seek clearance from the centre for
everything.
4. Sense of Security to Minorities

• Minorities are more close to the state Governments and hence may
feel that they progress if education is a state subject.

5. Unity in Diversity:

When Indian Culture boasts of ‘unity in diversity’ let each state

has its own pattern of education to preserve its