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Should education be brought back to the State list?

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

  • The recent NEET-UG exam has been embroiled in controversies over the award of grace marks, allegation of paper leaks and other irregularities.
  • This puts a lot of questions on whether ‘Education’ should go back to being a state subject.

Historical 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).
  • 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.
  • However, during the Emergency Swaran Singh Committee was constituted 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.
  • This was implemented through the 42nd constitutional amendment (1976) by shifting ‘education’ from the State list to the concurrent list.
  • Historical 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).
  • 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.
  • However, during the Emergency Swaran Singh Committee was constituted 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.
  • This was implemented through the 42nd constitutional amendment (1976) by shifting ‘education’ from the State list to the concurrent 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.

Way forward

  • The arguments in favour of ‘education’ in the concurrent list include a uniform education policy, improvement in standards and synergy between Centre and States.
  • Considering the vast diversity of the country, a ‘one size fits all’ approach is neither feasible nor desirable.
  • As per ‘Analysis of Budgeted expenditure on Education’ prepared by the Ministry of Education in 2022, out of the total revenue expenditure by education departments in our country 15% is spent by the Centre while 85% is spent by the States.
  • The arguments against restoring ‘education’ to the State list include corruption coupled with lack of professionalism.
  • The recent issues surrounding recent exams have however displayed that centralisation does not necessarily mean that these issues would vanish.
  • Bringing back education to the state list 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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