Question

Education is part of which of the following?
A.State List
B.Union List
C.Concurrent List
D.Residuary powers

Answer 1

Hint: Unlike the British Parliament, the Indian Parliament does not have unlimited power to legislate. The Seventh Schedule (Articles 245-246) of the Indian Constitution provides that the Parliament can make laws for the whole or any part of India within its area of competence as defined under the distribution of legislative powers between the Union and States. The constitutional provisions on the subject of the distribution of legislative powers between the Union and States contain three lists: Union or Federal List, State List and Concurrent List. The Parliament has exclusive right to legislate on those items mentioned in the Union or Federal List and the state legislatures have the exclusive right to legislate on items in the State List. Both the Parliament and state legislatures can legislate on items mentioned in the Concurrent List.

Complete Step by Step answer: Option A: State List is incorrect. Earlier education was a subject in the State List but the 42nd Amendment to the Constitution in 1976 shifted it to the Concurrent List. Now, education is available to both the Parliament and state assemblies to legislate upon.
Option B: Union List is incorrect.
Option C: Concurrent List is correct. The 42nd Amendment to the Constitution moved education from the State List to the Concurrent List and thus both the Parliament and the state assemblies can legislate upon it.
Option D: Residuary powers are incorrect.

Note: The Union List has 97 numbered topics, the State List has 66 numbered topics and the Concurrent List has 47 numbered topics. In the 42nd Constitutional Amendment of 1976, five topics were moved from the State List to the Concurrent List.