Education in the Concurrent List

In India, the power to make laws is divided between the Centre and the states. Education is in the Concurrent List, which means both Parliament and state legislatures can make laws on it. But this was not always so. Until 1976, education was mainly a state subject. The 42nd Constitutional Amendment Act, 1976 moved it to the Concurrent List. Even today, setting standards in higher education belongs only to Parliament.

How is power divided?

Article 246 and the Seventh Schedule divide subjects into three lists:

• Union List (List I): Only Parliament can make laws (for example, defence, foreign affairs).
• State List (List II): Normally only state legislatures can make laws (for example, police, public health).
• Concurrent List (List III): Both can make laws.

Think of a joint family kitchen. Some things only the head of the family decides (Union List). Some things each room decides for itself (State List). Some things both can decide, but if they disagree, the head's rule wins (Concurrent List).

Why does this matter for education?

Education affects both national goals (common standards, research, national institutions) and local needs (language, local schools, state colleges). So the Constitution gives both levels a role. Problems arise when both want to make different rules on the same thing.

Where did it come from? The history

• 1950: Education, including universities, was in the State List (Entry 11), but "subject to" Entries 63 to 66 of the Union List. So states ran education, but the Centre had some special powers.
• 1976: The 42nd Amendment, made during the Emergency and based largely on the Swaran Singh Committee's recommendations, removed Entry 11 from the State List. Education was added to Entry 25 of the Concurrent List.
• The same amendment moved four other subjects from the State List to the Concurrent List: forests, protection of wild animals and birds, weights and measures, and administration of justice (except the Supreme Court and High Courts).
• Why? The stated aim was to allow national policies on education and uniform standards across the country.
• After 1977: The 43rd and 44th Amendments reversed many parts of the 42nd Amendment, but education stayed in the Concurrent List.

What do the key entries say?

• Entry 25, List III (Concurrent): "Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour."
• Entry 63, List I: Institutions like Banaras Hindu University, Aligarh Muslim University and Delhi University, and other institutions declared by Parliament to be of national importance.
• Entry 64, List I: Scientific or technical institutions financed by the Centre and declared by Parliament to be of national importance (for example, IITs).
• Entry 65, List I: Union agencies and institutions for professional, vocational or technical training, and for research.
• Entry 66, List I: "Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions."
• Entry 32, List II (State): States can incorporate, regulate and wind up universities. That is why each state university is created by a state law.

How are clashes settled?

• Article 254(1): If a state law on a Concurrent List subject clashes with a central law, the central law wins, and the clashing part of the state law becomes void.
• Article 254(2): A state law can still prevail in that state if it was reserved for the President and got the President's assent. But Parliament can later override it by a new law.
• Entry 66 is a "trump card": Since Entry 25 is "subject to" Entry 66, state laws on education cannot lower the standards set by Parliament or bodies like the UGC.

What have the courts said?

• Gujarat University v. Krishna Ranganath Mudholkar (decided 1962, reported 1963): The Supreme Court said the Centre's power to "coordinate" standards under Entry 66 is wide. A state cannot make rules (such as forcing a medium of instruction) that make it impossible to coordinate standards.
• T.M.A. Pai Foundation v. State of Karnataka (2002, 11 judges): Running an educational institution is an occupation under Article 19(1)(g). Private unaided institutions can set their own fees, but they cannot charge capitation fees (a large "donation" for a seat) or make profits.
• Prof. Yashpal v. State of Chhattisgarh (2005): A state law that allowed private universities without proper standards was struck down for clashing with the UGC Act.
• Modern Dental College v. State of Madhya Pradesh (2016, five judges): Entry 66 and Entry 25 must be read together. Parliament controls standards; states can regulate other parts, such as admissions and fees in private professional colleges.
• Gambhirdan K. Gadhvi (2022): UGC regulations on Vice-Chancellor appointments prevail over conflicting state laws.

India's position and examples

• Central laws on education: The UGC Act, 1956; the AICTE Act, 1987; the Right of Children to Free and Compulsory Education (RTE) Act, 2009; the National Medical Commission Act, 2019.
• Article 21A, added by the 86th Amendment Act, 2002, makes free and compulsory education for children aged 6 to 14 a Fundamental Right.
• National policies: National Policies on Education in 1968, 1986 (revised 1992), and the National Education Policy 2020. These are made by the Centre but carried out mostly by states.
• State examples: Tamil Nadu has passed resolutions asking for education to go back to the State List. It has opposed a single national medical entrance test (NEET) and the UGC's draft rules of January 2025 on Vice-Chancellor appointments. Several states, including Tamil Nadu, Kerala and West Bengal, have had disputes with their Governors (who are Chancellors of state universities) over appointing Vice-Chancellors.

Commonly confused concepts

• Concurrent List vs State List: On a Concurrent subject, the central law wins in a clash. On a State subject, Parliament can make a law only in special cases (for example, under Article 249 after a Rajya Sabha resolution, or Article 252 when two or more states ask).
• Entry 66 (List I) vs Entry 25 (List III): Entry 66 covers only coordination and standards in higher education; it is exclusive to Parliament. Entry 25 covers education in general, shared by both.
• 42nd Amendment vs 44th Amendment: The 42nd (1976) moved education to the Concurrent List. The 44th (1978) undid many Emergency-era changes but did not move education back.
• Article 21A vs Article 45: Article 21A is a Fundamental Right to education for ages 6 to 14. Article 45, after the 86th Amendment, is a Directive Principle asking the State to give early childhood care and education to children below 6.

Issues, criticism and the way forward

• Centralisation: States argue that more and more central rules (common entrance tests, UGC regulations, a planned single regulator) reduce their role, even though they fund and run most colleges and universities. They say this goes against federalism.
• The Centre's view: The Union government's position is that common standards protect students, make degrees comparable across states, and help Indian institutions compete globally.
• Funding imbalance: States spend the largest share of public money on education but have less say on standards.
• Commissions: The Sarkaria Commission (1988) and the Punchhi Commission (2010) stressed the need for consultation with states on Concurrent List subjects before the Centre makes laws.
• Way forward: Experts suggest stronger consultation through bodies like the Central Advisory Board of Education (CABE), clear limits on what the Centre regulates (standards) and what states decide (access, fees, local needs), and joint planning of funding.

Concepts to Know

• Seventh Schedule: The part of the Constitution that lists subjects under the Union, State and Concurrent Lists.
• Federalism: A system where power is shared between a central government and state governments, each with its own area of work.
• Emergency (1975–77): A period when a national emergency was declared under Article 352. The 42nd Amendment was passed during this time.
• Capitation fee: Extra money taken by a private college from a student for giving a seat, beyond the normal fee. The Supreme Court has banned it.
• Chancellor: The formal head of a university. In most state universities, the Governor of the state is the Chancellor.