CONSTITUTIONAL PROVISIONS

Under the Constitution as originally enacted, education was primarily a State subject. The relevant entry (Entry 11) in the State List read "Education including universities subject to the provisions of entire 63,64,65 and 66 of List I and 25 of List III" Thus education was exclusively a responsibility of the States, the Central Government being concerned directly with certain areas like co-ordination, determination of standards in technical and higher education etc. In 1976, by a constitutional amendment education became the joint responsibility of the Central and State Government. The Constitution (Forty-second Amendment) Act, omitted Entry 11 from the State List and amplified Entry 25 in the Concurrent List. Entry 25 of the Concurrent List. Entry 25 of the Concurrent List which, as so amplified, no reads:

"25. Education, including technical education, medical education and universities, subject to the provisions of entries 63,64,65 and 66 of List I; vocational and technical training of labour."

The implication of this amendment is that education has become a Concurrent Subject which enables the Central Government to legislate in such fields as, for example, school education.

2 Apart form this concurrent sphere, the Constitution places certain educational matters within the exclusive jurisdiction of the Union. These are: maintenance of Central Universities and institutions of national importance, declared as such by Parliament by law; all Union agencies and institutions for professional, vocational or technical training or for promotion of special studies or research; and the coordination and determination of standards in institutions of higher education or research and scientific and technical institutions (Entries 63,64,65 and 66 of List I)

Article 28 provides that no religious instruction shall be provided in any educational institution wholly maintained out of State funds. Article 29 further provides that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them. According to article 30 , all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. In addition, the State shall not, in granting aid to educational institutions discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Besides, some of the Directive Principles, set out in Part IV of the Constitution, also have a bearing on national educational policy. For instance, article 45 enjoins that the 'State' shall endeavour to provide for free and compulsory education for all children until they complete the age of fourteen years.

Article 46 requires the 'State' to promote with special care the educational interests of the weaker sections of the people, which include, in particular, the Scheduled Castes and Scheduled Tribes.

Article 350A places a special responsibility on the Government to safeguard the interests of the children belonging to linguistic minority groups and to see that they have adequate facilities to receive at least primary education through their own mother tongue.Article 351 further places a special responsibility on the Government of India for promoting the spread of Hindi language and for its development so that it may serve as a medium of expression for all the elements of the composite culture of India.

Yet another provision in the Constitution which has an indirect but significant bearing upon the role of the Government of India in education is entry 20 of List III, which is concerned with "Economic and Social Planning". Education Planning being an essential element of economic and social planning, the Government of

3 India and the State Governments have to work together in preparing and implementing the national plans for the reconstruction of education.

The Government of India are also responsible under the Constitution for the administration of the Union Territories and have for this purpose executive and legislative authority for all subject including education.