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Daily-current-affairs / 01 Jul 2024

Bringing Back Education to the State List : Daily News Analysis

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Context:

Allegation of paper leaks of the NEET-UG exam along with the cancellation of the UGC-NET exam, while the CSIR-NET and NEET-PG exams have been postponed.

Historical Background

  • Federal Structure Under British Rule
    • The Government of India Act, 1935, during 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, which is an important public good, was kept under the provincial list.
  • Post-Independence Scenario
    • After independence, this continued and education was part of the ‘State list’ under the distribution of powers, under the Seventh Schedule of the Constitution. This means individual states have the primary responsibility for managing their education systems.
  • Emergency and 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.
    • This was implemented through the 42nd constitutional amendment (1976) by shifting ‘education’ from the State list to the concurrent list. There was no detailed rationale provided for this switch, and the amendment was ratified by various States without adequate debate.
  • Janata Party Government's Attempt
    • The Janata Party government led by Morarji Desai that came to power after the Emergency 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.

International Practices

  • United States
    • In the U.S., State and local governments set the overall educational standards, mandate standardized tests, and supervise colleges and universities. The federal education department’s functions primarily include policies for financial aid, focusing on key educational issues, and ensuring equal access.
  • Canada
    • In Canada, education is completely managed by the provinces. This means that each province and territory have its own education system, curriculum, and funding arrangements. The federal government plays a limited role, primarily focusing on providing funding for post-secondary education and research, as well as promoting national standards and best practices.
  • Germany
    • In Germany, the constitution vests legislative powers for education with the landers (equivalent of States). This means each Land has significant autonomy in shaping its educational system. Länder determine the curriculum for primary and secondary education within their borders and also responsible for allocating funding to schools within their jurisdiction.
  • South Africa
    • In South Africa, education is governed by two national departments for school and higher education. The provinces of the country have their own education departments for implementing policies of the national departments and dealing with local issues.

Arguments for Education in the Concurrent List

  • Uniform Education Policy
    • A uniform education policy ensures consistency in education standards across the country nationwide by establishing common curricula, teaching methods, and assessments. This reduces regional disparities, promotes fairness, supports student and teacher mobility, and enables efficient resource allocation, creating an equitable educational environment across the country.
  • Improvement in Standards
    • Central oversight can help in improving educational standards by providing consistent guidelines and benchmarks that all educational institutions must follow. This ensures that schools across the country adhere to high-quality practices, receive adequate resources, and implement effective teaching methods, ultimately leading to a more uniform and elevated educational experience for all students.
  • Synergy Between Centre and States
    • Collaboration between the Centre and States can lead to better policy formulation and implementation by combining the resources, expertise, and perspectives of both levels of government. This partnership ensures that policies are well-rounded and consider diverse regional needs while leveraging national standards and support, resulting in more effective and comprehensive educational strategies.

Constitutional Provisions for Education

  • Education in the Indian Constitution is initially addressed by Article 45 of the Directive Principles of State Policy. Article 45 mandates the state to strive for free and compulsory education for children up to fourteen years within ten years of the Constitution's commencement.
  • The Eighty-sixth Amendment introduced Article 21-A, making free and compulsory education a Fundamental Right for children aged six to fourteen.
  • The Right of Children to Free and Compulsory Education (RTE) Act, 2009, was enacted by the Centre to operationalize Article 21-A.
  • Originally under the State List of the 7th Schedule, education was moved to the Concurrent List by the 42nd Constitutional Amendment.

Arguments Against One-Size-Fits-All Approach

Considering the vast diversity of the country, a ‘one size fits all’ approach is neither feasible nor desirable.

  • Financial Considerations
    • As per the report on ‘Analysis of Budgeted Expenditure on Education’ prepared by the Ministry of Education in 2022, out of the total revenue expenditure by education departments in our country estimated at ₹6.25 lakh crore (2020-21), 15% is spent by the Centre while 85% is spent by the States. Even if expenditure by all other departments on education and training are considered, the share works out to 24% and 76% respectively.
  • Centralization and Corruption
    • The arguments against restoring ‘education’ to the State list include corruption coupled with lack of professionalism. The recent issues surrounding the NEET and NTA have, however, displayed that centralization does not necessarily mean that these issues would vanish.

Conclusion

Considering the need for autonomy in view of the lion’s share of the expenditure being borne by the States, there needs to be a productive discussion towards moving ‘education’ back to the State list. This would enable them to frame tailor-made policies for syllabus, testing, and admissions for higher education, including professional courses like medicine and engineering. Regulatory mechanisms for higher education can continue to be governed by central institutions like the National Medical Commission, University Grants Commission, and All India Council for Technical Education. A productive discussion considering national goals, regional needs, and effective governance structures is needed to determine the optimal approach for India's educational landscape.

Probable Questions for UPSC Mains

  1. How did the Government of India Act, 1935, shape the federal structure of education in India? Discuss the implications of placing education under the provincial list. (10 Marks, 150 Words)
  2. Considering India's vast diversity, why might a 'one size fits all' approach be impractical for the education sector? Evaluate the importance of synergy between the Centre and States in the formulation and implementation of education policies. (15 Marks, 250 Words)

Source: The Hindu