On I-Day, Stalin seeks transfer of education back to State List

Subject :Polity

Section: Federalism

Context:

Tamil Nadu Chief Minister M.K. Stalin on Tuesday called for transferring education back to the State List of the Seventh Schedule of the Constitution.
The objective is to eliminate centralized examinations like NEET and regain control over the education sector.
The Education subject was initially under the purview of states but was moved to the Concurrent List during the Emergency under the governance of Indira Gandhi.

Seventh Schedule of the Indian Constitution

Union List, State List, Concurrent List – Overview

Article 246 stands as the architect of the 7th Schedule, outlining the Union List, State List, and Concurrent List.
The Union List, comprising 100 subjects, vests exclusive legislative authority in the Parliament.
The State List, encompassing 61 subjects, confers power upon state legislatures for independent decision-making.
The Concurrent List, housing 52 subjects, illustrates the shared jurisdiction between the Center and the States.
The challenge lies in achieving harmonious coexistence of local autonomy with national uniformity.

Union List

Originally containing 97 subjects, the Union List now encompasses 100 subjects.
This list delineates subjects under the exclusive control of the Parliament, including vital areas like defense and international relations.
A strong central role is aimed at fostering national unity and coherence in important policy areas.
- The NEET controversy highlights the potential drawbacks of centralization, as regional disparities affect education accessibility.
In cases of conflict between laws enacted by the Parliament and state legislatures, the Parliament’s law prevails.
Parliament’s authority also extends to imposing duties on states and conferring powers on them.
The power to impose taxes on 15 subjects solely resides with the Parliament, bolstering central fiscal authority.
The 88th Amendment expanded the Union List by introducing “taxes on services” as a new subject.
The Supreme Court’s jurisdiction on matters within the Union List can be extended by the Parliament.

State List

The State List originally contained 66 subjects, which was later reduced to 61.
The 42nd Amendment transferred five subjects from the State List to the Concurrent Lis:
- Education,
- Forests,
- Protection of wild animals and birds,
- Weights and measures, and
- Administration of justice
Balancing local governance with centralized decision-making, the State List gives states the exclusive right to legislate on these subjects.
However, the Parliament can legislate on State List subjects under specific circumstances, such as during a national emergency (Article 250).
State resolutions, Rajya Sabha resolutions, and multi-state resolutions provide mechanisms for Parliament’s involvement in State List subjects.
The complexity arises in cases where laws made by Parliament on states’ resolutions are applicable only to states that passed the same resolution.
While the State List focuses on matters of regional and local importance, there are exceptions like Delhi’s special provisions regarding certain subjects.
- The 69th Constitutional Amendment Act introduced special provisions for the National Capital Region, restricting Delhi’s legislative authority on specific State List subjects.
The State List also includes 20 subjects on which state legislatures have the exclusive power to levy taxes.

Concurrent List

The Concurrent List consists of 52 subjects that can be legislated upon by both the Central Government and state governments.
The 42nd Amendment transferred five subjects from the State List to the Concurrent List, leading to shared jurisdiction.
This concept is derived from the Australian Constitution and aims to balance centralized and localized governance.
Both levels of government can enact laws on Concurrent List subjects, but in the case of conflicting laws, the Central Government’s law prevails.
The Concurrent List focuses on matters that require uniform legislation throughout the country but not at the cost of regional diversity.
Notably, there are three subjects in the Concurrent List on which both the Central and state governments have the authority to levy taxes.

Important Subjects Under Each List

Union List Subjects: Defense, Army, International Relations, Ports, Railways, Highways, Communication
State List Subjects: Public order, Police, Public health, Betting and gambling, Local governance
Concurrent List Subjects: Education, Forest, Trade unions, Marriage, Adoption, Succession, Environment

Residual Powers of the Seventh Schedule

The residual list comprises subjects not attributed to any legislative list.
Article 248 empowers the Parliament to enact laws concerning these residual subjects.

Modern domains like information technology and space technology find their place in this realm.