Place of Education in India’s Federal Structure

Source-This post on Place of Education in India’s Federal Structure has been created based on the article “Should education be brought back to the State list?” published in “The Hindu” on 1 July 2024.

UPSC Syllabus–GS Paper-2- Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.

Context– The NEET-UG exam has faced controversies involving grace marks, allegations of paper leaks, and other irregularities. The article discusses the debate surrounding the place of education in concurrent list.

In the United States, educational standards are set by state and local governments, with federal oversight on financial aid and key issues. Canada delegates education entirely to its provinces, while Germany gives legislative power to its states (landers). South Africa has national departments overseeing education with provincial departments implementing policies locally.

What is the historical background?

1) British Era-The Government of India Act, 1935 introduced a federal structure in India. Legislative subjects were divided between federal legislature and provinces. Education was placed under the provincial list.

2) Post-Independence Era-

A) Initially, education remained on the ‘State List’.

B) During the Emergency, the Swaran Singh Committee suggested shifting education to the ‘Concurrent List’. This recommendation was enacted through the 42nd Constitutional Amendment in 1976 without thorough discussion.

C) The Janata Party government tried to undo this through the 44th Amendment in 1978, which did not pass in the Rajya Sabha.

What are the arguments for placing education in Concurrent List?

A) Uniform education policy across the country.

B) Potential for improved standards.

C) Enhanced synergy between Centre and States.

Read More– Issues with India’s education system

What are the arguments against placing education in Concurrent List?

1) Recent Controversies– NEET- Opposition to returning ‘education’ to the State list cites concerns about corruption and a lack of professionalism.However,recent issues with NEET and NTA have shown that centralization does not automatically resolve these problems.

2) Expenditure on Education– According to the Ministry of Education’s 2022 report on budgeted expenditure, in the fiscal year 2020-21, education departments in India spent a total of ₹6.25 lakh crore. Of this amount, the Centre accounted for 15%, while states contributed 85%. This highlights the significant role of states in funding education.

What should be the way forward?

1) Most education funding comes from the states, suggesting a need for constructive dialogue about returning ‘education’ to the State list. This change would enable states to formulate tailored policies for curriculum, exams, and admissions, especially for professional courses like medicine and engineering.

2) 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.

Question for practice

Should education be brought back to the State list? Critically analyze?