What Happened
- Multiple political parties, particularly from southern states, have reiterated their demand that "Education" be moved from the Concurrent List back to the State List of the Seventh Schedule.
- The demand has gained fresh urgency in the context of the delimitation debate, the National Education Policy (NEP) 2020 implementation disputes, and the three-language formula controversy.
- Southern parties (DMK, Congress-Tamil Nadu, CPI-M, Kerala-based parties) favour retaining the two-language formula (state language + English) and oppose the NEP's three-language formula, which they see as promoting Hindi.
- Parties argue that education — being primarily state-funded (states contribute ~76% of education expenditure) — should be legislated exclusively by states to suit regional needs.
- The 42nd Amendment (1976) moved Education from the State List to the Concurrent List; restoring it requires a constitutional amendment.
Static Topic Bridges
Seventh Schedule: Union List, State List, and Concurrent List
The Seventh Schedule to the Constitution (under Article 246) distributes legislative powers among the Union and the States through three lists. The Concurrent List allows both Parliament and state legislatures to legislate, with Parliament's law prevailing in case of a repugnancy (Article 254).
- Union List (List I) — 97 subjects exclusively for Parliament; includes defence, foreign affairs, currency, railways, atomic energy.
- State List (List II) — 66 subjects exclusively for state legislatures; includes police, public health, agriculture, local government.
- Concurrent List (List III) — 52 subjects on which both Parliament and states can legislate; includes criminal law, marriage, forests, electricity, and Education.
- Article 254 — if there is a conflict between a Central and a State law on a Concurrent subject, the Central law prevails (parliamentary supremacy on concurrent matters).
- Article 246(3) — state legislature has exclusive power to legislate on State List subjects (subject to Centre's overriding role in emergencies).
- Entry 25, Concurrent List — "Education, including technical education, medical education and universities, but not including primary and secondary education" (after the 42nd Amendment).
Connection to this news: Since Education is on the Concurrent List, Parliament has the power to legislate NEP-related mandates that bind all states — which is exactly the source of the conflict between the Central government and states like Tamil Nadu and Karnataka.
The 42nd Amendment (1976) and Education's Shift to Concurrent List
The 42nd Constitutional Amendment Act, 1976 — enacted during the Emergency by the Indira Gandhi government — was one of the most sweeping amendments to the Constitution. Among its changes was the transfer of five subjects from the State List to the Concurrent List, including Education and Forests.
- 42nd Amendment Act, 1976: amended Articles 31C, 39, 55, 74, 77, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 352, 353, 356, 357, 358, 359, 366, 368, and Schedules 5, 7.
- Transferred Education (Entry 11 of State List) to the Concurrent List as Entry 25.
- Also transferred Forests, Weights and Measures, Administration of Justice (constitution of courts other than Supreme Court and High Courts), and Stamp Duties.
- Often called the "Mini-Constitution" — it significantly centralised power.
- The 44th Amendment Act, 1978 (Janata government) undid several Emergency-era changes but did NOT restore Education to the State List.
Connection to this news: The demand to restore Education to the State List would require repealing the relevant portion of the 42nd Amendment — requiring a special majority under Article 368 and potentially state ratification (as it affects the Seventh Schedule).
Language Policy and the Three-Language Formula
India's language policy for education is a perennial federal fault line. The National Education Policy 2020 recommends a three-language formula; southern states insist on a two-language approach that excludes mandatory Hindi instruction.
- NEP 2020 (Three-Language Formula): advocates students learn three languages — typically the regional language, Hindi, and English — with flexibility that no language is compelled on any state; the formula is not legally binding.
- The Official Languages Act, 1963 (amended 1967): designates Hindi as the official language of the Union alongside English; does not make Hindi compulsory for state use.
- Article 29(1): any section of citizens with a distinct language/script/culture has the right to conserve the same — a protection relevant to non-Hindi communities.
- Article 350A: endeavour to provide instruction in mother tongue at the primary stage.
- Tamil Nadu's two-language policy (Tamil and English) has been in force since 1974, the only state to formally reject the three-language formula at the school level.
- The Karnataka High Court (2026) directed the state government to "strictly and faithfully" implement NEP 2020 — a ruling directly relevant to this debate.
Connection to this news: The demand to return Education to the State List is partly driven by opposition to NEP's language recommendations; states argue that only exclusive state control over education would insulate them from Central mandates on language of instruction.
Key Facts & Data
- 42nd Amendment Act, 1976 — moved Education from State List (Entry 11) to Concurrent List (Entry 25).
- States contribute approximately 76% of total education expenditure (Centre: 24%) — key argument for state control.
- Article 246 — distribution of legislative powers; Article 254 — repugnancy of concurrent laws (Central law prevails).
- Seventh Schedule currently: Union List (97 entries), State List (66 entries), Concurrent List (52 entries).
- NEP 2020 — three-language formula (non-mandatory); Tamil Nadu, Kerala, and others formally oppose it.
- A constitutional amendment (Article 368, special majority) plus state ratification would be required to move Education back to the State List (amending the Seventh Schedule).