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Madras HC to hear plea on higher education on Concurrent List | Chennai News

CHENNAI: Madras Supreme Court has decided to establish a three-judge bench to try a case challenging the 42nd constitutional amendment that moves higher education from the state list to the concurrent list of the Constitution. Acting Chief Justice M Duraiswamy and Justice’s First Bench Sundar Mohan passed the order Thursday, at the plea of ​​an NGO through its representative, Dr Ezhilan Naganathana DMK MLA.
In an effort to revise the Emergency-era decision transferring higher education from the state list to the constitution’s contemporaneous list, the Supreme Court of Madras has decided to establish a three-judge bench to create a DMK MLA -review a case challenging the 42nd constitutional amendment.
Acting Chief Justice M. Duraiswamy’s first bench and Judge Sundar Mohan passed the order Thursday, on the plea of ​​an NGO — Aram Seyya Virumbu Trust — through its representative, Dr. Ezhilan Naganathan, who is also a DMK MLA representing Thousand. Light constituency.
When the plea came forward at the hearing, the NGO argued that a full bench would be the appropriate forum to decide the constitutional issue. In accordance with the submission, the bank passed the order.
The NGO has challenged the validity of Article 57 of the Constitution (42nd Amendment Act) of 1976, which makes entry 11 of List II (State List) of the seventh schedule to the Constitution and the subject of education effectively transferred 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.
“By moving the subject of education from List II to List III, the executive/legislative autonomy of States in the field of education has been subordinated to Unionexecutive/legislative powers,” said the petitioner.
He added that when a subject is removed from the exclusive legislative/executive control of the state and the exercise of that authority of the state is subordinated to the legislative/executive authority of the Union government, the federal balance is upset. .
The petitioner further pointed out that education has been treated as a provincial subject in several constitutions such as Canada, Australia and the United States of America, including the Indian Constitution, prior to the disputed amendment.
Noting that federalism is a basic structure of the Constitution, the petitioner said: “…it was not the intention of the drafters of the Constitution to confer unrestricted power on the Union government over the very basic subjects such as primary education.”
See also  CG News : छत्तीसगढ़ के 20 लाख विद्यार्थियों को अबतक मिला है केवल एक सेट यूनिफार्म


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