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Emergency-era tweak that put education on Concurrent List under HC lens | India News

CHENNAI: In an effort to revise the emergency-era decision to transfer higher education from the state list to the contemporaneous list of the ConstitutionMadras Supreme Court has decided to set up a three-judge bench to try a case of Dravida Munnetra Kazhagam (DMK) MLA challenging the 42nd constitutional amendment.
Acting Chief Justice M. Duraiswamy and Judge Sundar Mohan’s first bench passed the injunction Thursday on the plea of ​​a NGO — Aram Seyya Virumbu Trust — through his representative Ezhilan Naganathanwho is also a DMK MLA representing the Thousand Lights constituency.
The NGO has contested the validity of Article 57 of the Constitution (42nd Amendment Act) of 1976, deleting entry 11 from List II (State List) of the Seventh Schedule to the Constitution and effectively transferring the subject of education to List III (concurrent list).
According to the petitioner, Article 57 of the Constitution was contrary to the basic structure doctrine as it resulted in a disruption of the federal structure as originally envisaged by the drafters of the Constitution.
He said that when a subject is removed from the exclusive legislative/executive control of the state and the exercise of such state authority is subordinated to the legislative/executive authority of the Union government, the federal balance is upset.
The petitioner pointed out that education was treated as a provincial subject in the constitutions of several countries such as Canada, Australia and the United States of America and also India prior to the disputed amendment.


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