Daily Hot Topic
Topic : Should Education be in the Concurrent List?
GS-2 Mains : Education
Context
- Recent paper leaks and protests have reignited the debate on whether to bring Education back to the State List of the Indian Constitution.
Historical Background
- British Rule (1935): Government of India Act established a federal structure, dividing legislative subjects between Center and Provinces (States).
- Education was initially under the Provincial List.
- Post-Independence: Education remained in the State List.
- 1976 (42nd Amendment): Education moved to the Concurrent List due to the recommendations of the Swaran Singh Committee. This enabled all-India policies.
- 1978 (44th Amendment): The attempt to bring Education back to the State List failed to pass in Rajya Sabha.
Distribution of Powers
- Seventh Schedule: Defines the division of powers between Center and States (Union List, State List, Concurrent List).
- Union List: Subjects for Central government legislation (Defense, Foreign Affairs, Currency).
- State List: Subjects for State government legislation (Police, Public Health, Agriculture).
- Concurrent List: Subjects for both Central and State government legislation (Criminal Law, Marriage, Bankruptcy).
- In case of conflict, Union Law prevails.
Key Constitutional Provisions
- Article 15: Prohibits discrimination in education based on religion, race, caste, sex, or birthplace.
- Article 21A: Right to Education as a Fundamental Right (free and compulsory education for ages 6-14).
Directive Principles of State Policy (DPSP)
- Article 41: Promote equal opportunities for education.
- Article 45: Provide free and compulsory education for all children up to age 14.
- Article 46: Promote educational interests of disadvantaged groups.
Fundamental Duties
- Article 51A(j): Strive for excellence in education.
Language and Education
- Article 350A: Right to mother-tongue instruction at primary level.
- Article 29: Cultural and educational rights of minorities (establish and administer educational institutions).
Autonomy of Educational Institutions
- Article 30: Right of minorities to establish and administer educational institutions.
- Article 32: Right to move Supreme Court for enforcement of educational rights.
Role of the State
- Article 41: Ensure right to work, education, and public assistance.
- Article 44: Promote a uniform civil code (might impact education-related personal laws).
Arguments for Concurrent List
- Uniform Education Policy across the country.
- Improved educational standards and quality through centralized policies.
- Stronger collaboration between Central and State governments for better outcomes.
Arguments Against Concurrent List
- India’s diversity makes a “one size fits all” approach impractical.
- Centralization may not necessarily address corruption or lack of professionalism.
- Dual authority can lead to conflicts between Central and State laws.
- Managing concurrent subjects requires complex coordination and can create confusion.
- Balancing uniformity (important in some areas) with diverse cultural and regional contexts is challenging.
International Practices
- United States: Decentralized system with states setting standards, mandating tests, and supervising higher education. Federal government focuses on financial aid and national issues.
- Canada: Education entirely managed by provinces, each with its own policies.
- Germany: Legislative powers for education vested in the states (landers).
- South Africa: Dual national departments (schools and higher education) with provincial departments for implementation and local issues.
Conclusion and Way Forward
- Balance centralization and decentralization. Uniform policies should consider regional variations. A hybrid approach might be suitable.
- Address key challenges like access, equity, quality, teacher training, dropout rates, and skill development.
- National Education Policy (2020) focuses on holistic development, multilingualism, flexible curriculum, technology integration, and professional education.
- Thoughtful consideration is needed to find the right balance between national coherence and local flexibility for India’s unique context.
हिन्दी