6.1Who governs higher education: the constitutional picture#
In brief
Education is a shared responsibility of the Union and the States.
- shared responsibility
- Concurrent List (now Entry 25)
- Union List
- Entry 63
- Entry 64
- Entry 65
- Entry 66
- State List
Education is a shared responsibility of the Union and the States. Before the 42nd Constitutional Amendment (1976) education was mainly a State subject (State List, Entry 11); the amendment moved it to the Concurrent List (now Entry 25), which reads "education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I". The Union List keeps the key national powers: Entry 63 (BHU, AMU, Delhi University and other institutions declared by Parliament to be of national importance), Entry 64 (institutions for scientific or technical education financed by the Government of India and declared Institutes of National Importance), Entry 65 (Union agencies for professional, vocational or technical training) and Entry 66 (coordination and determination of standards in higher education and research and scientific and technical institutions). Entry 32 of the State List covers the incorporation and regulation of universities other than those in the Union List. On Concurrent subjects, if a Union law and State law conflict, Article 254 generally makes the Union law prevail, unless a State law was reserved for the President and received assent.
In practice: Central universities are created by Acts of Parliament and funded by the Centre; State universities by State Legislatures; deemed universities are declared by the Central Government on UGC advice (Section 3 of the UGC Act); private universities by State Acts, with UGC regulations (2003) applying; Institutes of National Importance by special Acts. The Central Advisory Board of Education (CABE), first set up in 1920, is the apex advisory forum on education.