A presentation on Constitutional provisions related to education

1. Constitutional Provisions Relating to
Education
Dr. S. Prakash
Principal
Thiagarajar College of Preceptors
Madurai.

2. Content
 Education in the indian constitution
 The preamble
 Various constitutional provisions relating to
education
 Education in the concurrent list

3. Education in the Indian constitution
Indian constitution contains a preamble, 22
Schedules, 12 Appendices and 39 Articles.
The fourth schedule in the constitution deals
with the “Directive principles” which gives the
directive guidelines for the Government to
frame its policies.
Once can not approach the court to get direction
to implement the Directive principles.

4. The seventh Schedule of the constitution lists
the educational responsibilities of the Central
and State Governments.
• List I, called the ‘Union List’ narrates the
responsibilities of the Central Government.
• List II pertains to the responsibilities of the State
Governments.
• List III called the “Concurrent List” deals with
those items that come under the joint
responsibilities of the Central and State
Governments

5. The Preamble
The preamble of the constitution states: “We the
people of india, having solemnly resolved to
constitute india into a Sovereign,secular,
Democratic Republic to secure to all its citizen
 Justice: Social, economic and political
 Liberty: Thought, expression, belief, faith and
worship
 Fraternity: Assuring the dignity of the individual
and the unity and the integrity of the nation
 Equality: Status and of opportunity and to
promote among them all

7. Various Constitutional Provisions Relating
to Education
Article 45: Provision for
free and compulsory
education

8. Article 46: Promotion of
Educational and
Economic Interests of
Weaker Sections of
Society

9. Provisions Safeguarding the Educational
Rights of the minorities
Article 28: Freedom as to
Attendance at Religious
Instruction or Religious
Worship in Educational
Institutions
• Clause(1)
• Clause(2)
• Clause(3)

10. Article 29, Clause(2): Right
of Admission in
Educational Institution
Article 30: Right of
Minorities to Establish
and Administer
Educational Institutions
Clause(1)
Clause(2)

11. Provisions in the Seventh Schedule
Union List(List I) – (Higher Education and
Research)
Parliament has the exclusive rights to enact
legislation in respect of institutions and Union
Agencies mentioned in entries 62,63,64,65 and
66 of List I (Union List)
• Article 63
• Article 64
• Article 65
• Article 66

12. ‘State List’(List II)
 ‘Education’ had been kept under List II and the
role and responsibilities of State Governments
have been recognised.
 It is the responsibility of the State Governments
to plan and undertake all possible measures for
the growth and development of education at all
levels.
 School education, in particular, had been under
absolute care and rule of the State
Governments.

13. Concurrent List (List III)
Entry 25 of the concurrent List includes
“Education including technical education,
medical education and Universities and
Research Institutions and vocational and
technical training of labour”.

14. Education in the Concurrent List
o The 42nd Amendment, 1976 changed the
status of education by shifting it from the
State List to the Concurrent List .
o The implications of this Amendment is that
both the Centre and States can legislate on
any aspect of education from the primary to
the University level.
o In case of any dispute, legislation framed by
the Central Government will have overriding
authority .

15. o By having education in the concurrent list, the
Centre can implement directly any policy
decision in the States.
o In the recent times, demands are raised by some
States (including Tamilnadu) that education
should be shifted back to the State List.

16. Arguments in Favour of Retaining
Education a Concurrent Subject
• To Ensure Uniformity in Education
• Better Implementation of Educational Policies
• Better Utilisation of Funds
• Quality Leadership from the Central Government
• Improvement in Standards
• For Better Discipline

17. Arguments Against Retaining Education
Concurrent Subject
• Based on Democratic Values
• States have Better Appreciation of Local Needs
• Free from Red Tapism
• Sense of Security to Minorities
• Unity in Diversity

18. Prevailing Majority
 Majority among the education experts feel, ”The
Centre which controls the purse strings,
necessarily has the most dominating voice in the
over-all determination of policies, priorities and
programmes.
 From this point of view, therefore, education
begins to look not only as a joint responsibility,
but almost like a ‘partnership’ in which the
Government of India, plays the role of the ‘Big
Brother’.

19. THANK YOU