GS Paper I & II
News Excerpt:
Recent paper leak incidents like NEET UG and CSIR NET has once again brought back the discussion of putting the subject of Education under state list.
Historical Context:
- During British rule, the Government of India Act of 1935 introduced a federal structure, distributing legislative subjects between the federal legislature (now the Union) and provinces (now States).
- Education, being a significant public good, was originally placed under the provincial list.
- This arrangement continued post-independence, with education remaining under the State list as per the distribution of powers.
- During the Emergency period, the Congress party established the Swaran Singh Committee to recommend constitutional amendments.
- One key recommendation was to place ‘education’ in the concurrent list to enable the formulation of nationwide education policies.
- This recommendation was implemented through the 42nd Constitutional Amendment in 1976, moving education from the State list to the concurrent list.
- This shift occurred without extensive debate and was ratified by various States.
- After the Emergency, the Janata Party government, led by Morarji Desai, passed the 44th Constitutional Amendment in 1978 to reverse several controversial changes made by the 42nd Amendment.
- However, the proposal to return ‘education’ to the State list was passed in the Lok Sabha but not in the Rajya Sabha, since then education is part of concurrent list.
International Practices:
United States:
- State and local governments set educational standards, mandate standardised tests, and supervise colleges and universities.
- The federal education department primarily handles policies for financial aid, addresses key educational issues, and ensures equal access.
Canada:
- Education is completely managed by the provinces.
Germany :
- The constitution grants legislative powers for education to the Länder (equivalent to States).
South Africa:
- Education is governed by two national departments for school and higher education.
- The provinces have their own education departments to implement national policies and address local issues.
Arguments for including in State List:
- The primary argument for keeping education in the concurrent list is to ensure a uniform education policy, enhance standards, and foster synergy between the Centre and States.
- However, given India's vast diversity, a ‘one size fits all’ approach may not be practical or desirable.
- According to the Ministry of Education’s 2022 report on the ‘Analysis of Budgeted Expenditure on Education,’ States bear the lion’s share of education expenditure, with 85% of the revenue expenditure coming from the States and only 15% from the Centre.
- Even when considering all other departmental expenditures on education and training, the States still contribute 76% compared to the Centre’s 24%.
- The recent controversies surrounding the NEET-UG exam, including allegations of paper leaks and other irregularities, highlight that centralization does not necessarily eliminate corruption and inefficiency.
- Therefore, there is a growing need for autonomy, allowing States to develop tailored policies for syllabus, testing, and admissions, particularly for higher education and professional courses like medicine and engineering.
Way Forward:
- A productive discussion on moving ‘education’ back to the State list is necessary, given the States' significant role in funding education.
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- This move would enable States to address local needs more effectively.
- Central institutions like the National Medical Commission, University Grants Commission, and All India Council for Technical Education could continue to regulate higher education.
