Federalism and Higher Education in India: Centre-State Challenges and NEP 2020

Education was moved from the State List to the Concurrent List by the 42nd Amendment in 1976. 

Under Article 254, if there is a conflict between Central and State laws on this matter, the Central law prevails, which has become a primary source of tension in modern federalism.

Constitutional Background

• Originally, education was included in the State List under the Seventh Schedule of the Constitution, meaning only state governments could make laws on education.
• Through the 42nd Constitutional Amendment Act, 1976, education was transferred to the Concurrent List.
• This means both the Central and State Governments can legislate on education.

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Conflict Resolution

• In case of conflict between Central and State laws on a concurrent subject, Article 254 provides supremacy to the Central law.

Why Higher Education Became a Federal Issue?

• Earlier, Centre-State conflicts were mainly related to issues such as water sharing and taxation. 
• However, higher education has now emerged as a federal issue due to growing disputes over curriculum design, regulatory institutions, language policy, and university administration.

Major Flashpoints

• National Education Policy (NEP) 2020: Introduced four-year undergraduate programmes, multidisciplinary universities, and academic flexibility; the three-language formula faced opposition from states like Tamil Nadu due to concerns over regional linguistic identity and state autonomy.
• Governor vs State Government: Governors acting as Chancellors of state universities has created conflicts, with states demanding control over Vice-Chancellor appointments while Governors claim constitutional powers; seen in Kerala, Tamil Nadu, West Bengal, and Karnataka.
• Financial Control of Centre: Through bodies like UGC, the Centre provides financial support with certain conditions, which states argue reduces their autonomy in higher education; examples include Institutions of Eminence and Anusandhan National Research Foundation (NRF).
• New Regulatory Bodies: The proposed Viksit Bharat Shiksha Adhishthan Bill, 2025 aims to replace existing regulatory structures; states fear it may increase centralisation of education governance.
• Academic Bank of Credits (ABC): A digital credit storage system under NEP 2020 that enables credit transfer and academic flexibility; however, states express concerns over excessive central monitoring and reduced autonomy.

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Key Concepts

1. Strategic Adaptation

• States do not completely reject national education policies; instead, they adopt, modify, or implement them according to their political, social, and regional contexts.

2. Negotiated Federalism

• It refers to achieving governance outcomes through consultation, cooperation, and agreement between the Centre and States rather than unilateral decision-making.

Example: Foreign Universities in India

• The Centre frames policies and regulations for foreign universities.
• However, implementation requires state cooperation because states control:
  • Land availability
  • Electricity supply
  • Local permissions and infrastructure

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Thus, successful higher education reforms require cooperative participation of both Centre and State governments.

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