Should education be brought back to the State list
July 1, 2024

Why in news?

The NEET-UG exam faced controversies with issues like grace marks, allegations of paper leaks, and other irregularities. The UGC-NET exam was cancelled after being conducted, and the CSIR-NET and NEET-PG exams have been postponed.

Against this backdrop, there has been ongoing debate about transferring education back to the state list.

What’s in today’s article?

  • Status of Education– Historical Background
  • International practices
  • Way forward

Status of Education– Historical Background

  • Early phase - Education in Provincial list
    • 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, as an important public good, was kept under the provincial list.
  • After Independence
    • After independence, the trend set by the GoI Act 1935 was continued and education was part of the ‘State list’ under the distribution of powers.
  • Recommendation of Swaran Singh Committee
    • During the Emergency, the Congress party constituted the Swaran Singh Committee 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.
  • 42nd constitutional amendment and status of education
    • The 42nd constitutional amendment (1976) by shifting ‘education’ from the State list to the concurrent list.
    • No detailed rationale was provided for this change.
  • Attempt to bring back education in State list
    • The Janata Party government led by Morarji Desai passed the 44th constitutional amendment (1978) to reverse many of the controversial changes made through the 42nd amendment.
    • One of these amendments that was passed in the Lok Sabha but not in the Rajya Sabha was to bring back ‘education’ to the State list.
    • Since then, education remains in concurrent list of the Constitution.

Prevailing international practices

  • In the United States, educational standards and standardized tests are set by state and local governments, while federal oversight focuses on financial aid and key educational policies.
  • Canada delegates education entirely to its provinces.
  • In Germany, educational legislative authority resides with its states (Länder).
  • South Africa has national departments for school and higher education, with provinces implementing national policies and addressing local educational needs.

Way forward

  • Arguments for 'Education' in Concurrent List
    • Uniform Education Policy - Advocates argue for a unified approach to education across the country to improve standards and ensure consistency.
    • Synergy Between Centre and States - Central coordination is seen as beneficial for aligning national goals with state-level implementation.
    • Corruption and Lack of Professionalism - Critics cite concerns about inefficiencies and ethical issues within state-level management of education.
  • Arguments for Restoring 'Education' to State List
    • Recent Issues with Centralisation - Events like NEET controversies highlight that centralized control does not eliminate problems, challenging assumptions about governance efficacy.
    • Autonomy and Tailored Policies - States argue for autonomy to tailor educational policies to local needs, especially concerning syllabus, testing, and admissions for professional courses.
    • One size fits all approach can not work - Considering the vast diversity of the country, a ‘one size fits all’ approach is neither feasible nor desirable.
    • Financial Distribution–A significant amount of education expenditure is borne by the states, suggesting a need for productive discussion towards moving ‘education’ back to the State list.
      • According to the Ministry of Education's 2022 report on education spending, out of the total ₹6.25 lakh crore spent by education departments in 2020-21, the Centre contributed 15%, and the States contributed 85%.
      • When including all other departments' spending on education and training, the breakdown shifts to 24% by the Centre and 76% by the States.
  • Way forward
    • Hybrid Model - Experts suggest maintaining central oversight for regulatory frameworks like medical and technical education while devolving policymaking autonomy to states.
    • Collaborative Governance - Emphasis must be given on productive dialogue between central and state authorities to achieve balanced educational reforms and efficient resource allocation.