Open Access Research Article

“RECONSIDERING THE CONSTITUTIONAL POSITION OF EDUCATION IN INDIA: STATE AUTONOMY, NATIONAL STANDARDS AND THE FEDERAL BALANCE”

Author(s):
JANANI P MONICA DEVI P
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8

Abstract

In India, Education not only serves as an instrument of individual development but also as a means of preserving linguistic, cultural and regional identities. The enactment of (Forty-Second Amendment) Act, 1976 transfers the education from State list to Concurrent list and created a shared legislative authority. Though, this substantial shift in the distribution of legislative powers enabled national coordination, common educational standards and promote uniformity, it has also increased the questions concerning the state autonomy in determining educational policies in reflecting their distinct linguistic and cultural context. It increased the possibility of centralized influence over curriculum, examinations, professional education and language policy. This paper analyses whether the involvement of the union in education policy has contributed to the marginalization of the regional languages and dilution of state specific educational priorities. The study examines relevant constitutional provisions, legislative development, educational policies, and judicial decisions concerning language, education, cultural rights and Centre-State relations. The paper does not advocate the complete exclusion of the Union from education, rejecting National Unity and complete exclusiveness of state in education; rather the study argues that reclaiming education in a more balanced federal arrangement that attempts to construct unity through meaningful state participation, cooperative federalism, cultural pluralism and protection of linguistic minorities. The research ultimately seeks to determine whether restructuring the existing framework governing education can strengthen both linguistic diversity and the federal character of the Indian Constitution.   Keywords: Education, Concurrent List, Federalism, Linguistic Rights, Cultural Pluralism.

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Author Details

Authors: JANANI P & MONICA DEVI PRegistration ID: 1013540 | Published Paper ID: IJLRA13540 & IJLRA13541Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 124-135

About Journal

International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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