Education including universities lies exclusively within the legislative sphere of

the States under Entry 11 of List II of the Seventh Schedule to the Constitution,
subject, however, to the provisions of Entries 63 to 66 in List I and Entry 25 of
List III. Under Entry 66 of List I, Parliament is competent to legislate on the
subject of coordination and determination of standards in institutions for higher
education or research and scientific and technical institutions. Counsel will
recall that in the case of Gujarat University v. Shri Krishna Mudholkar, (A.I.R.
1963 S.C. 703), the Supreme Court was invited to consider the scope and
content of Entry 11 of List II and Entries 63 to 66 of List I. One of the main
questions for determination before the Court was whether, the State Legislature
was, under the Constitution,

61

competent to make laws imposing Gujarati or Hindi or both as the exclusive

media of instruction. Dealing with this question, the Supreme Court has by a
majority of 4 : 1 laid down the following propositions :

(i) The extensive power vested in the Provincial legislature to legislate with
respect to higher scientific and technical education and vocational and technical
training of labour is under the Constitution controlled by the five items
mentioned in Entry 11 of List II Entries 63 to 66 of List I are carved out of the
subject of education and in respect of these items the power to legislate is
vested exclusively in Parliament.

(ii) The use of the words "subject to" in Entry 11 of List II indicates that
legislation in respect of excluded matters cannot be undertaken by the State
legislature. In other words, when one entry in a legislative list is made subject
to another entry in a different list, the doctrine of pith and substance does not
apply.

(iii) If a subject of legislation is covered by items 63 to 66 even if it otherwise

falls within the larger field of education including universities, power to
legislate on that subject must lie with Parliament.

(iv) Entry 11 of List II and entry 66 of List I overlap and must be harmoniously
construed. To the extent of the overlapping, the power conferred by Entry 66 of
List I must prevail over the power of the State under Entry 11 of List II

4. Against the background of this decision the Committee is considering how

far under the existing constitutional provisions can the Central Government
assume greater responsibility in the field of higher education. The first and the
most important question on which the Committee desires to be advised is,
whether Parliament is competent to undertake legislation conferring on the
President of India "Visitorial" powers over all universities in the interests of
coordination and maintenance of standards.