Education in the Concurrent List

The Seventh Schedule divides subjects on which Parliament and State Legislatures may make laws. Education is principally placed in the Concurrent List, so both levels can legislate, while specified institutions and standard-setting functions belong exclusively to the Union.

Present constitutional allocation

Under Article 246, Parliament has exclusive competence over Union List matters, while both Parliament and State Legislatures may legislate on Concurrent List matters.

• Concurrent List Entry 25 covers education, including technical education, medical education and universities, subject to Union List Entries 63-66. It also covers vocational and technical training of labour.
• Union List Entries 63 and 64 cover specified universities and institutions declared by Parliament to be institutions of national importance.
• Union List Entry 65 covers Union agencies and institutions for professional, vocational and technical training, promotion of research, and specified scientific or technical assistance.
• Union List Entry 66 assigns Parliament coordination and determination of standards in higher education, research, and scientific and technical institutions.

Shift from the State List

Education was originally included in State List Entry 11. The Constitution (Forty-second Amendment) Act, 1976 omitted that entry and expanded Concurrent List Entry 25, enabling both Parliament and State Legislatures to legislate on the broader field of education.

Resolution of legislative conflict

Parliamentary law prevails over an inconsistent State law on a Concurrent List subject under Article 254. However, a conflicting State law reserved for and receiving the President's assent may operate within that State, although Parliament can subsequently override it.

• States retain substantial legislative space over education, but their laws must respect valid parliamentary legislation and the Union's exclusive authority over Entries 63-66.

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