WHAT IS MEANT BY EDUCATION ON THE CONCURRENT LIST?

The Concurrent List includes the subjects on which both the Union Government as well as the State
Government have jurisdiction. This includes subjects such as education, forest, trade unions,
marriage, adoption and succession.

National Policy on Education 1986 has rightly remarked that “The Constitution embodies the
principles on which the National system of Education is conceived of”. Every Constitution has a
philosophy of its own which embodies the ideals, values, hopes and aspirations of its people. So
Education should find an important place in this Constitution. India decided to be an effective
democracy. This fact underlined the vital role of education in the national development.

India adopted its new Constitution on 26th January 1950. The achievement of Independence on 15th
August, 1947 gave the elected representatives in the Constituent Assembly an opportunity to draft a
Constitution for themselves in accordance with their own ideals, values, hopes and aspirations of its
people. The Preamble to the Constitution provides the conception of the economic and social order
for which youth of the country should be educated. It contains objectives and gives an inspiring
picture of India’s future.

Our Constitution has made some very vital provisions. When the new Constitution of India became
effective from 26th January 1950, Education received added importance and significance. The
education of the people of this country becomes the responsibility of the people.

Our Constitution had all the ingredients required for the establishment of Sovereign Democratic
Republic in all the citizens, irrespective of caste, creed and colour have equal rights. The adoption of
the fourfold idea of Justice, Liberty, Equality and Fraternity in our Constitution has really been
incorporated for the elimination of social inequalities, economic disparities and political privileges.

Our Constitution laid down that in the eyes of law everyone should have an equal status, to no one
the justice be denied, everyone should have liberty of thought, expression, and to practice his own
faith and belief, and the dignity of each individual should be assured.

All these provisions have vital significance for our Education. The Forty-Second Amendment, 1976
brought about drastic changes in the Indian Constitution. Before 1976, Education as a whole was a
State Subject and the Central Government used to play only an advisory role. A lot of controversy
continued for some time regarding the constitutional provisions of education.

The persons connected with educational administration felt that the Education should be the joint
responsibility of the Central and State governments. In 1976, this controversy was put to rest by a
Constitutional Amendment. The amendment which is known as the Forty-Second Amendment of the
Indian Constitution received the assent of the President on December 18, 1976.

Accordingly, education was put on the Concurrent list. The implications of making education a
concurrent subject is that both the Centre and the States can legislate on any aspect of education
from the Primary to the University level.

By having education in the Concurrent list, the Centre can implement directly any policy decision in
the States. The amendment was suggested by a Committee headed by Sardar Swaran Singh.
Education on the Concurrent list was put on the recommendations of the Swaran Singh Committee
in 1976.
This Committee said, “Agriculture and Education are subjects of primary importance to country’s
rapid progress towards achieving desired socio-economic changes. The need to evolve all-India
polices in relation to these two subjects cannot be over-emphasized.

This amendment makes Central and State government equal partners in framing educational
policies. Union becomes supreme over states in enacting laws regarding education. The executive
power is given to the Union to give direction to the States. The States have powers limited to the
extent that these do not impede or prejudice the exercise of the executive powers of the Union.

The Centre can implement directly any policy decision in any State. National Institutions like UGC,
NCERT and National bodies like CABE have higher power and strength to shape the Education of the
country in all states.

India is a democratic country. The Government is also democratic. The task of education is to take
lead in organizing a society on the pattern envisaged by the framers of our Constitution when they
declared our country a “Sovereign Democratic Republic” and the State to be Welfare State. Our
Constitution is a federal one. It has divided powers in the Centre and States and describes some
powers as concurrent.

Accordingly there are three lists which are as follows:

(a) List I (Union List)

(b) List II (State List)

(c) List III (Concurrent List)

(a) Union List:

List-I includes items which are of great interest to the nation. The Centre has exclusive powers to
make laws in respect of the items in List-I. (Union List: Defence, Foreign Affairs, Banking, Railways,
Currency and Coinage, Atomic Energy, Air Traffic Control, Citizenship, Interstate Trade and
Commerce, National Highways)

(b) State List:

List-II includes items of local interest. The states have the power to make laws to cover items in List-
II. (State List: Police, Public Health and Sanitation, Agriculture, Local Government, Public Order and
Police, Fisheries, Public Libraries, State Public Services, Markets and Fairs, Irrigation and Water
Management within the State)

(c) Concurrent List:

List-III includes it which concerns both the centre and the states. For those included in List-III Centre
and States both can legislate. With this amendment, Education comes under Concurrent List and
Central and State Governments become meaningful partners in it. (Concurrent List: Education,
Criminal Law and Procedure, Marriage and Divorce, Forests, Trade Unions, Adoption, Economic and
Social Planning, Price Control, Electricity, Drug Control)

Conclusion:

Education is essentially a responsibility of the State Governments. But it is also a national concern
and in certain major sectors, decisions have to be taken at the national level. This implies the need
to regard education as centre-state partnership. So putting education on the concurrent list is a
welcome change.