Education should be brought back to the State List in India

Syllabus: GS2/Education

Context

• Recent paper leak incidents and nationwide protests gave the impetus and topic of discussion to bring back Education in India under the State List of the Indian Constitution.

Historical Background

• Government of India Act, 1935: During the British rule, this Act established a federal structure for India’s governance, dividing legislative subjects between the federal legislature (now the Union) and the provinces (now the States). Education was initially placed under the Provincial List, indicating that provinces had the authority to legislate on education matters.
• Post-Independence: After independence in 1947, India adopted a federal structure where legislative powers were distributed between the Union (Central) government and the State governments. In the initial years, education remained under the State List, affirming that states had exclusive jurisdiction over education policy and administration.
• Emergency and Swaran Singh Committee: During the Emergency period (1975-1977), the Swaran Singh Committee recommended placing ‘Education’ in the Concurrent List of the Indian Constitution. The rationale behind this recommendation was to enable the formulation of uniform educational policies across the country, thereby promoting national integration and equitable access to education.
• 42nd Constitutional Amendment (1976): Acting upon the recommendations of the Swaran Singh Committee, the government passed the 42nd Constitutional Amendment Act in 1976. This amendment shifted ‘Education’ from the State List to the Concurrent List. This move aimed to empower the Union government to legislate on education matters concurrently with the states, thereby facilitating the implementation of uniform national policies.
• 44th Constitutional Amendment (1978): Following the end of the Emergency and with the new government in place, the Janata Party government attempted to reverse the changes made by the 42nd Amendment. They proposed to bring ‘Education’ back to the State List, emphasizing decentralization and greater autonomy for states in educational matters. However, this proposal did not pass in the Rajya Sabha, thus maintaining education in the Concurrent List as per the status quo.

Arguments in Favor of Education in Concurrent List:

1. Uniform Education Policy: Placing Education in the Concurrent List allows for the formulation of a uniform national education policy. This can ensure consistency in educational standards and curriculum across the country, which is beneficial for maintaining national coherence and mobility of students.
2. Improvement in Standards: Centralized policies have the potential to raise standards by leveraging national resources and expertise. They can facilitate the adoption of best practices and innovative approaches to education that might be difficult to achieve uniformly across diverse states.
3. Synergy Between Centre and States: Collaboration between the central and state governments can lead to synergistic efforts in education. Central policies can be adapted to local contexts by states, thereby addressing regional disparities while maintaining a common framework.
4. Resolution of Conflicts: The Concurrent List provides a mechanism (Article 254) to resolve conflicts between central and state laws. This ensures that in case of inconsistency or repugnancy, national priorities can prevail while respecting regional sensitivities.

Arguments in Favor of Education in State List:

1. Diversity and Local Needs: India’s cultural, linguistic, and regional diversity necessitates a flexible approach to education. State governments are often better placed to understand and address local educational needs and preferences.
2. Accountability and Governance: Placing education in the State List can enhance accountability as state governments are directly responsible to their electorate for educational outcomes. This could potentially lead to more responsive and effective governance.
3. Empowerment of States: Devolving education to the State List aligns with the principle of federalism, empowering states to innovate and develop tailored solutions to educational challenges specific to their regions.
4. Efficiency and Coordination: Managing education as a state subject can streamline administrative processes, reduce bureaucratic hurdles, and promote efficient resource allocation based on local priorities.

Conclusion:

• The decision on whether Education should remain in the Concurrent List or be moved to the State List requires careful consideration of India’s unique socio-political context and the educational goals it aims to achieve. Balancing the need for national coherence with regional flexibility is crucial. Perhaps a hybrid approach, where overarching national policies coexist with significant autonomy for states in implementation, could strike the right balance.
• Furthermore, any decision should be guided by empirical evidence on which governance structure has historically led to improved educational outcomes, increased access, and reduced disparities across different states. The ultimate goal should be to ensure that every child in India receives quality education that prepares them for the challenges of the 21st century, while respecting the diverse cultural and regional contexts within the country.