NEET row: TN CM Stalin calls for moving education to State List, here is how can it be done

Tragically, Tamil Nadu has been shaken by the loss of nearly twenty students to suicide since 2017, with reasons ranging from the inability to clear the exam to the immense anxiety surrounding it.

In 2021, the DMK government made strides by successfully passing a crucial bill aimed at addressing this matter. The contentious legislation sought to secure an exemption for Tamil Nadu from the central NEET examination. Despite its passage, the bill faced rejection from Tamil Nadu Governor R N Ravi in February 2022. Undeterred, the legislation was reintroduced and approved once again before being resubmitted to the Governor. Presently, the legislation is awaiting the consideration of President Droupadi Murmu.

The distribution of legislative powers between the Union and the States in India is primarily outlined in articles 245 and 246 of the Constitution. This allocation of powers and responsibilities is further detailed in the Seventh Schedule of the Constitution, which encompasses three distinct lists: the Union List, the State List, and the Concurrent List. the Concurrent List contains subjects on which both the central government and state governments can legislate concurrently.

This means that both levels of government can make laws on these subjects, but in case of a conflict between a central law and a state law, the central law prevails.

The idea behind the Concurrent List is to allow both levels of government to legislate on matters of shared importance. However, in case of inconsistency or conflict between central and state laws on a subject in the Concurrent List, the central law takes precedence. This helps maintain uniformity in certain areas while still allowing states to address specific regional needs.

Education comes under the Concurrent List.

Shifting subjects between different lists within the Constitution necessitates a constitutional amendment. For example, during the 1976 Emergency, the 42nd Amendment to the Constitution transferred education from the State list to the Concurrent list. The process of relocating education from the Concurrent list to the State list involves a constitutional amendment, which can only be initiated by introducing a bill for this purpose in either the Lok Sabha or the Rajya Sabha of the Parliament, not in state legislatures.

This bill can be introduced by either a minister or a private member and does not require prior permission from the President. Furthermore, the bill must garner approval in each House through a special majority, which entails a majority (more than 50 percent) of the total House membership and a two-thirds majority of the members present and voting.

It is important to note that each House must individually pass the bill. In case of a disagreement between the two Houses, there is no provision for convening a joint session for deliberation and passage of the bill. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of at least half of the states, with a simple majority of the members present and voting.

Once the bill has been successfully passed by both Houses of Parliament and ratified by the required state legislatures, it is presented to the president for final assent.