Legal GK July
Legal GK July
Legal GK July
EDUCATION
– During British rule, the Government of India Act, 1935 established a Federal
Structure in our polity, distributing legislative subjects between the Federal
Legislature (now the Union) and the Provinces (now the States).
– Education, being an essential public good, was initially placed under the Provincial
List. After independence, this arrangement continued, with education falling under
the ‘State List’ in the distribution of powers. However, during the Emergency, the
Swaran Singh Committee recommended placing ‘Education’ in the Concurrent List
to facilitate all-India policies on the subject. It led to the 42nd Constitutional
Amendment (1976), which shifted ‘Education’ from the State list to the
Concurrent List.
– 44th Constitutional Amendment (1978): The Janata Party government attempted to
reverse the 42nd amendment by bringing ‘Education’ back to the State List, but it
didn’t pass in the Rajya Sabha.
– The Seventh Schedule (Article 246) of Indian Constitution plays a crucial role in
defining the distribution of powers between the Union (Central) government and the
State governments. It ensures a clear division of powers between the Union and
State governments, and prevents overlapping or conflicting legislation. If there’s a
conflict between Union and State laws on a Concurrent subject, the Union law
prevails.
Three Lists
– Union List (List I): It includes subjects on which only the Union government has the
authority to legislate. Examples include defence, foreign affairs, and currency etc.
– State List (List II): This list covers subjects on which only the State governments
can legislate. Examples include police, public health, and agriculture etc.
– Concurrent List (List III): This list includes subjects on which both the Union and
State governments can legislate. Examples include criminal law, marriage, and
bankruptcy etc.