Education under Union, State and Concurrent Lists in India
Key Takeaways
- The Constitution distributes legislative powers between Parliament and State Legislatures through the Union List, State List and Concurrent List contained in the Seventh Schedule.
- Education was originally mainly a State List subject under Entry 11 of List II, but the Constitution (Forty-second Amendment) Act, 1976 shifted general education to the Concurrent List.
- Today, Entry 25 of the Concurrent List covers education, including technical education, medical education and universities, along with vocational and technical training of labour.
- Both Parliament and State Legislatures can make laws relating to education under Entry 25, but this power remains subject to Entries 63, 64, 65 and 66 of the Union List.
- Entry 66 of the Union List gives Parliament power over the coordination and determination of standards in higher education, research, scientific and technical institutions.
- Certain specialised educational matters remain connected with the State List, such as agricultural education and research under Entry 14 of List II.
- When a State law and Parliamentary law dealing with a Concurrent List matter conflict, Article 254 determines which law will prevail.
Constitutional Distribution of Legislative Powers over Education
Education in India is governed by both the Union and State Governments. This arrangement comes from the federal structure of the Constitution of India.
The Constitution does not place all legislative matters in the hands of a single government. Instead, Article 246 read with the Seventh Schedule divides legislative subjects into three lists:
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- Union List or List I – matters on which Parliament generally has exclusive power to make laws.
- State List or List II – matters on which State Legislatures generally have legislative authority.
- Concurrent List or List III – matters on which both Parliament and State Legislatures can make laws.
Education has an unusual position within this scheme because its constitutional placement has changed over time. General education was originally mainly a State subject but was later transferred to the Concurrent List. At the same time, certain important aspects of higher and specialised education continue to fall within the Union List.
Was Education Originally a State Subject?
Yes. When the Constitution came into force in 1950, Entry 11 of the State List dealt with education.
The original Entry 11 broadly covered education, including universities, subject to certain provisions of the Union List.
This meant that State Legislatures had substantial authority to legislate on education. However, even under the original constitutional arrangement, the States’ power was not absolute. Certain matters relating to universities, institutions of national importance and standards of higher education were reserved for Parliament under the Union List.
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This position changed significantly through the Constitution (Forty-second Amendment) Act, 1976.
Why Was Education Shifted to the Concurrent List?
The Constitution (Forty-second Amendment) Act, 1976 removed the general education entry from the State List and expanded Entry 25 of the Concurrent List.
Following the amendment, education became a subject on which both Parliament and State Legislatures could legislate.
The amended Entry 25 expressly covers education, including technical education, medical education and universities, while making this field subject to Entries 63, 64, 65 and 66 of the Union List.
The constitutional change allowed a greater degree of national coordination in education while preserving an important role for State Governments.
The transfer was particularly important because education involves both national and regional concerns. National standards may be required in fields such as medical, technical and university education, while States must also respond to local educational conditions, languages, administrative requirements and institutional needs.
Education under the Concurrent List
What Does Entry 25 of the Concurrent List Cover?
Entry 25 of List III covers:
Education, including technical education, medical education and universities, subject to Entries 63, 64, 65 and 66 of List I, and vocational and technical training of labour.
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This entry gives both Parliament and State Legislatures legislative competence over a wide range of educational matters.
The scope of Entry 25 therefore includes areas such as:
- School and general education: General educational regulation falls within the broader concurrent legislative field, allowing both levels of government to enact relevant laws within their constitutional competence.
- University education: Universities fall within Entry 25, but State and Parliamentary powers remain subject to the specialised Union powers contained in Entries 63 to 66.
- Technical education: Regulation of technical education forms part of Entry 25, although questions concerning national standards may additionally attract Entry 66.
- Medical education: Medical education is expressly included within the Concurrent List, making it an area where both Parliamentary and State legislation may operate according to the constitutional division of powers.
- Vocational education and technical training: Entry 25 also covers vocational and technical training of labour.
However, the words “subject to” Entries 63 to 66 of the Union List are extremely important. They mean that legislative power under Entry 25 cannot extend into fields that the Constitution has specifically placed within these Union List entries.
Education under the Union List
Although education generally falls within the Concurrent List, the Constitution reserves important educational matters for Parliament through Entries 63 to 66 of the Union List.
Entry 63: Certain Universities and Institutions of National Importance
Entry 63 deals with specified universities and certain institutions declared by Parliament to be institutions of national importance.
The Constitution specifically refers to institutions such as:
- Banaras Hindu University;
- Aligarh Muslim University; and
- Delhi University.
It also permits Parliament to bring other institutions within this field by declaring them institutions of national importance.
The purpose of this entry is to give Parliament special legislative authority over educational institutions that possess national significance.
Entry 64: Scientific and Technical Institutions
Entry 64 covers institutions for scientific or technical education which are financed wholly or partly by the Government of India and which Parliament declares by law to be institutions of national importance.
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Therefore, where an institution satisfies the constitutional requirements of Entry 64, Parliament possesses legislative authority over that field.
Entry 65: Union Agencies and Institutions
Entry 65 deals with Union agencies and institutions concerned with certain specialised purposes.
These include institutions for:
- Professional, vocational or technical training: This enables the Union to establish or regulate agencies and institutions serving specialised training requirements.
- Promotion of special studies or research: Research-oriented Union institutions may fall within the scope of this entry.
- Scientific or technical assistance in investigation: Union agencies providing scientific or technical assistance for the investigation or detection of crime are also covered.
These subjects demonstrate that specialised educational and research activities may fall directly within Union legislative competence.
Entry 66: Standards in Higher Education
Entry 66 is one of the most important constitutional provisions relating to higher education.
It gives Parliament authority over:
Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions.
The provision allows the Union to establish and maintain standards across institutions of higher education.
Entry 66 is important because general education may be a Concurrent List matter, but determination and coordination of standards in higher education constitute a separate Union subject.
What Is the Difference Between Entry 25 and Entry 66?
The distinction between Entry 25 of the Concurrent List and Entry 66 of the Union List is central to understanding legislative control over higher education.
Entry 25 gives Parliament and State Legislatures a broad power to legislate concerning education.
Entry 66, however, reserves the specific field of coordination and determination of higher education standards for Parliament.
Therefore:
- Entry 25 concerns education generally. Both Parliament and State Legislatures may legislate within this field, subject to constitutional limitations.
- Entry 66 concerns standards in higher education. Coordination and determination of standards in higher education, research, scientific and technical institutions form a Union List matter.
A State may legislate on educational administration and related matters falling within Entry 25, but such legislation cannot encroach upon a field constitutionally reserved for Parliament under Entry 66.
The Supreme Court has examined this division in disputes concerning university education, professional courses, technical institutions, admissions and educational standards.
Supreme Court on Union and State Powers in Education
Gujarat University v Shri Krishna Ranganath Mudholkar
In Gujarat University v Shri Krishna Ranganath Mudholkar, the Supreme Court considered the relationship between the State’s power over education and Parliament’s power relating to coordination and determination of standards.
The Court recognised that the State’s legislative power over education is restricted to the extent that a particular matter falls within Entry 66 of the Union List.
The decision established an important constitutional principle: although the fields may have connections with each other, matters genuinely concerning the coordination and determination of standards in higher education fall within Union competence.
State of Tamil Nadu v Adhiyaman Educational and Research Institute
The Supreme Court further examined the issue in State of Tamil Nadu v Adhiyaman Educational and Research Institute.
The case concerned technical education and the relationship between Central legislation and State regulation.
The Court explained the significance of Entry 66 of the Union List in relation to State authority over education. Entry 25 of the Concurrent List remains expressly subject to Entry 66.
Where Central law validly operates within a field concerning coordination and determination of educational standards, inconsistent State regulation cannot override that constitutional allocation of legislative power.
Does Education Still Fall under the State List?
General education no longer appears as an independent State List subject.
The former Entry 11 of the State List was omitted through the Forty-second Amendment and education was placed under Entry 25 of the Concurrent List.
However, it would be incorrect to say that the State List has no connection with education.
Certain entries continue to contain educational elements.
Agricultural Education under Entry 14
Entry 14 of the State List deals with:
Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
Therefore, agricultural education and agricultural research are specifically included within a State List subject.
Similar questions may arise where education is closely connected with another subject specifically allocated by the Constitution.
The correct position is therefore that general education is a Concurrent List subject, while some specialised educational activities may be connected with other constitutional entries.
The constitutional structure creates shared legislative responsibility.
Parliament may legislate on education under Entry 25 because education is in the Concurrent List. States can also legislate on the same general field.
This arrangement forms part of the broader distribution of legislative powers under the Constitution, which divides law-making authority between Parliament and State Legislatures according to the Seventh Schedule.
At the practical level, State authorities continue to exercise significant responsibilities relating to educational administration, State universities, schools and educational institutions within their jurisdiction.
At the same time, Parliament can enact legislation applicable nationally where the matter falls within its constitutional competence.
In higher education, Parliament has an additional constitutional basis under Entry 66 for legislation concerning coordination and determination of standards.
This creates a system in which education is neither completely centralised nor entirely controlled by individual States.
What Happens When Central and State Education Laws Conflict?
Since education falls within the Concurrent List, situations can arise where Parliament and a State Legislature enact laws dealing with the same educational subject.
Such conflicts are principally governed by Article 254 of the Constitution and the doctrine of repugnancy.
General Rule under Article 254
Where:
- Parliament has made a valid law relating to a Concurrent List matter;
- A State Legislature makes a law dealing with the same matter; and
- The two laws are repugnant or inconsistent,
the Parliamentary law normally prevails.
The State law becomes void to the extent of the repugnancy.
This rule maintains legislative consistency in areas where both levels of government possess law-making powers.
The related doctrine of occupied field may also become relevant when examining the extent to which legislation made by one level of government has covered a particular legislative field.
Exception Where Presidential Assent Is Obtained
Article 254(2) provides an important exception.
A State law relating to a Concurrent List matter may contain provisions repugnant to an earlier Parliamentary law. If the State law has been:
- Reserved for consideration of the President: The State legislation must be formally reserved rather than merely receiving ordinary gubernatorial assent.
- Received Presidential assent: Once Presidential assent is granted, the State law may operate despite the inconsistency with the earlier Parliamentary law.
The State law may then prevail within that particular State.
However, Parliament still retains the power to subsequently enact another law that adds to, amends, varies or repeals the State law.
Therefore, Presidential assent does not permanently remove Parliament’s legislative authority.
Can States Legislate on Higher Education?
Yes. States can legislate concerning higher education because education and universities are included within Entry 25 of the Concurrent List.
However, State power is constitutionally limited by Entries 63 to 66 of the Union List.
The most important restriction arises from Entry 66.
The Supreme Court has recognised that the power of States concerning education must operate consistently with the Union’s authority over coordination and determination of standards. A State measure concerning administration may fall within the concurrent educational field, while a measure that directly interferes with matters reserved under Entry 66 may raise an issue of legislative competence.
The precise constitutional position depends upon the true nature and effect of the legislation rather than merely the label given to it.
Why Is Education in the Concurrent List Important?
The placement of education in the Concurrent List reflects the need for participation by both levels of government.
Several considerations explain the significance of this arrangement.
National Standards
Certain educational fields require consistency across India. Higher education, professional education, research and technical education may require nationally coordinated standards.
Entry 66 provides a constitutional basis for such coordination and determination of standards.
Regional Educational Needs
India has considerable diversity in language, geography, social conditions and educational infrastructure.
States therefore continue to have an important role in developing and administering educational systems according to regional requirements.
Because education is a Concurrent List subject, both Parliament and State Legislatures can respond through legislation.
This allows national objectives to coexist with State-level regulation and administration.
Uniformity with Flexibility
The constitutional framework seeks to provide a degree of national uniformity without removing the role of States.
This balance is particularly visible in the distinction between general educational regulation under Entry 25 and higher education standards under Entry 66.
Union List, State List and Concurrent List: Education at a Glance
| Constitutional List | Relevant Entry | Educational Scope |
| Union List | Entries 63–65 | Certain universities, institutions of national importance and specialised Union institutions |
| Union List | Entry 66 | Coordination and determination of standards in higher education, research, scientific and technical institutions |
| State List | Entry 14 | Agriculture, including agricultural education and research |
| Concurrent List | Entry 25 | Education generally, including technical education, medical education, universities and vocational and technical training of labour |
The table shows why education cannot be described simply as a Union or State subject. Its constitutional regulation involves several entries operating together.
Position Before and After the Forty-second Amendment
The constitutional change can be understood simply:
| Before the Forty-second Amendment | After the Forty-second Amendment |
| General education was principally covered by Entry 11 of the State List. | General education is covered by Entry 25 of the Concurrent List. |
| States possessed the primary legislative field over education, subject to relevant Union List entries. | Parliament and States can both legislate on education. |
| Entries 63–66 of the Union List restricted the State field in specified areas. | Entry 25 expressly remains subject to Entries 63–66 of the Union List. |
| Higher education standards remained within the Union field under Entry 66. | Higher education standards continue to remain within Entry 66. |
The Forty-second Amendment therefore expanded Parliament’s legislative involvement in education without eliminating State participation.
Conclusion
The constitutional position of education in India reflects the country’s federal structure. Education was originally mainly placed in the State List, but the Constitution (Forty-second Amendment) Act, 1976 transferred general education to the Concurrent List.
Today, Entry 25 of List III permits both Parliament and State Legislatures to make laws relating to education, including technical education, medical education and universities. However, this power is expressly subject to Entries 63, 64, 65 and 66 of the Union List.
Among these, Entry 66 is particularly significant because coordination and determination of standards in higher education, research and scientific and technical institutions fall within the Union field. The Supreme Court has repeatedly recognised that State legislative power over education cannot extend into matters constitutionally reserved for Parliament under Entry 66.
At the same time, States retain substantial legislative and administrative responsibilities in education, and specialised subjects such as agricultural education remain connected with State List entries.
The result is a system of shared constitutional responsibility. Parliament provides national legislative involvement and standards in specified areas, while States continue to regulate and administer substantial parts of the educational system. Article 254 further provides the mechanism for resolving repugnancy between Parliamentary and State laws on Concurrent List matters.
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