009 - Education - The Centre-State Relationship (371-414) PDF

EDUCATION : THE CENTRE-STATE RELATIONSHIP
Rajendra Kumar Nayak*
[In a previous article the author discussed Education : Centre-

State Legislative Relationship.1 In this article the certrc-stcte
operational relationship in higher, primary and higher secor.dcry
education is examined]
IN THE field of higher education although centre's responsibility is limited

to the coordination and determination of standard in institutions for higher
education or research and also in scientific and technical institutions under
entry 66 of List I of the Constitution, yet its actual role is beyond the
constitutional powers. The centre formulates active policies and schemes
to be carried out by the states and gives grants-in-aid for various develop
ment schemes in higher education. The centre is vitalizing, controlling
and reinforcing a nation-wide coherence of development in the area of
education. A survey of this important area of education will reveal the
relationship between the centre and the states.
In the pre-independence era many commissions were appointed frcm
time to time to review the working of the system of higher education in
India.2 After independence, the University Education Commission (1948-
49) headed by Dr. S. Radhakrishnan recommended several reforms in
university education to meet the increasing demand for every type of higher
education, literary, scientific, technical and professional.3 The report
mentioned that the universities must enable the country to attain, in the
shortest possible time, freedom from want, disease and ignorance, by the
application and development of scientific and technical knowledge.4 The
commission envisaged that the aims of higher education are the transmission
of the intellectual and ethical heritages of mankind to the younger genera
tions, the enrichment of this heritage, the expansion of the boundaries of
knowledge and the development of the personality of the individual. The
commission was also of the view that the universities must provide leadership
not only in policies and administration but also in the various professions,
industry and commerce, They must be able to meet the increasing demand
♦M.L.I. (Wisconsin), LL.M. (New York), Indian Law Institute, New Delhi.
1. 14 J.I.L.I. 562 (1972).
2. Noteworthy are the Calcutta University Ccmmissicn of 1917, the Hartog
Committee's Report of 1929, the Pnnjab University Report of 1933, and the Report of the
Central Advisory Board of Education on Post-War Educational Development in India of
1944 (popularly known as the Sargent Report).
3. The Report of the Utiiversitv Education Commission 33 (1948-49),
4. Ibid. '
www.ili.ac.in © The Indian Law Institute

Ml JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 15:5
for every type of higher education whether literary, scientific, technical

or professional.
The Education Commission's (1964-66) exhaustive report has displayed
aggregated analysis of problems of educational policy. The commission's
perspective on higher education is national rather than regional. It has
taken into consideration all important aspects of the university education.
Its report is an endeavour to suggest to the country to issue a general declara
tion on national ideals and objectives, and to adopt an educational policy
conducive to the national interest which may promote coordination among
states so that regional educational policies cropping up from divergent socio
economic conditions and political and ideological dictates may net dominate.
This report may foster close relationship between the centre and the states
in order to solve the entire range of educational problems. The centre
and the states both have to cooperate in order to implement the recommenda
tions of the commission in terms of quality, quantity, finances and pedagogy.
Neither the centre nor the states can carry out the policies of education
reconstruction alone.
As a result of the Education Commission's report, the Government
of India passed the National Policy Resolution on Education in 1968, which
states :
The Government of India is convinced that a radical reconstruc

tion of education on broad lines recommended by the Education
Commission is essential for economic and cultural development
of the country, for national integration and for realising the
ideal of a socialistic pattern of society.
On higher education the resolution says :

12(a) The number of whole-time students to be admitted to a College
or University department should be determined with reference
to the laboratory, library and other facilities and to the strength
of the staff.
(b) Considerable care is needed in establishing new Universities.
These should be started only after an adequate provision of funds
has been made for the purpose and due care has been taken
to ensure proper standards.
(c) Special attention should be given to the organisation of post
graduate courses and to the improvement of standards of training
and research at this level.
(d) Centres of advanced study should be strengthened and a small
number of "cluster of centres" arriving at the highest possible
standards in research and training should be established.
(e) There is need to give increased support to research in Universities
generally. The institutions for research should, as far as
possible, function within the fold of universities or in intimate
association with them.

1$73] EDUCATION . THE CENfRESTATE RELATIONSHIP 373
Previously, there was lack of coordination between the centre and

the states plans. The Education Commission (1964-66) has recommended
that on five specific points the centre must concern itself with the state
universities, namely finance, cooperation of facilities in specific subjects
of research, liaison between universities and national research laboratories,
adoption of national policies and minimum standards of efficient administra
tion.
The centre is trying to achieve the objective of coordination, determina
tion and maintenance of standards in education through the machinery
of (/) Annual Education Ministers' Conferences and (//') University Grants
Commission. There is also the Inter-University Board, a voluntary organisa
tion, which is concerned with the coordination and maintenance of standards.
Education ministers' conferences
The annual education ministers' conferences have made several

recommendations on higher education from time to time. Through these
conferences the centre and the states have agreed on certain principles
and policies. A few of the recommendations may be mentioned here.
First, the conferences are quite concerned with regard to the explosion
in admissions to the universities and are of the view that there should be
selective admission in the universities in order to prevent lowering of
standards, over-crowding, wastage on account of failures and students'
unrest and lack of employment opportunities for graduates. The fourth
conference has realised that the standard of university education is deteriorat
ing at a very alarming rate on account of the pressure of invading numbers.
As such it was of the view that effective measures should be taken at many
points to solve the problem.5
Secondly, the other matter with which the conferences are concerned
is with regard to the post-graduate research. The seventh conference was
of the view that the highest priority should be given to the post-graduate
research.6
Thirdly, in the opinion of the conferences, existing universities should
be strengthened rather than establishing new universities. Preference
is to be given to the setting up of university centres for post-graduate studies,
each embedded in the complex of colleges with a large enrolment. If
establishment of a new university is absolutely necessary, careful and adequate
preparation should be made in advance. Such preparation is to include
establishment of post-graduate centres with adequate facilities in respect
of libraries, laboratories and some university chairs.7
5. Proceedings of the Fourth State Education Ministers Conference (Ministry cf

Education) 8-9 August, 1959, p. 48, 50.
6. Proceedings of the Seventh Education Ministers' Conference 10, (Ministry cf
Education, 1964); see also the Report of the Fourth Five Year Plan 317.
7. Id. at 19.

374 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 15 : 3
Fourthly, the seventh conference has recommended that a model

central university should be established in every state to provide guidance
and help to the state universities in their reconstruction work. A central
university in the south was considered desirable to be established.8
A few other miscellaneous recommendations are : that most promising
students should be selected for scholarships to enable them to join the best
institutions in the country, at least one in each district; the target of enrolment
at the post-graduate stage should be 30 per cent of the total enrolment at
the under-graduate stage; that to strengthen the facilities for scientific and
technical education, the Indian Institutes of Technology should be developed
further on the lines of universities to make them all-India centres for education
in science and technology; and that in the area of higher education, if the
system of matching grant is not satisfactory, it should be replaced by full
grants in the area of scientific education.9
University Grants Commission
The centre implements its assigned task of coordination and main

tenance of the standard of higher education through the University Grants
Commission constituted in 1953. The genesis of the present University
Grants Commission (hereinafter abbreviated as U.G.C.) is to be found in
the University Grants Committee constituted in 1945 by the Government
of India, which consisted of four members who advised the government
regarding grants to be paid to the central universities. With its limited
personnel and circumscribed powers, the committee was not able to make
any contribution to the development of university education and ceased to
exist in 1949. In 1953 the University Grants Commission was constituted
by an executive order of the government. It was put on statutory basis
in 1956 when Parliament enacted the University Grants Commission Act.
The commission has the general duty to take such steps as it may think
fit for the promotion and coordination of university education and for
determination and maintenance of standards of teaching, examination and
research in universities. To discharge its functions, it has the responsibility,
amongst others, to allocate and disburse grants, out of its funds, to the
universities for development purposes or any other general or specified
purpose, and to
recommend to any University the measures necessary for the

improvement of University education and advise the University
concerned upon the action to be taken for the purpose of imple
menting such recommendation,10
8. Ibid.
9. Id. at 19-20.
10. See the Statement of Objects and Reasons of the University Grants
Commission Act, 1956.

1973J EDUCATION : THE CENTRE-STATE RELATIONSHIP 3^5
and to
advise the Central Government or any State Government on
the allocation of any grants to the Universities for any general or
specified purpose out of the Consolidated Fund of India or the
Consolidated Fund of the State, as the case may be.11
The commission is a non-political body. It consists of nine members
to be appointed by the central government. It is composed of three members
from amongst the vice-chancellors of universities, two members frcm amongst
the officers of the central government and four members from amcngst
the educationists of repute. Members are to hold office for a period of six
years. The composition of the commission shows that two vice-chancellors
from the state universities are invariably represented.
Since its inception, the commission has been making grants to the
universities for various purposes and taking steps to improve university
education. Apart from the grants, its functions are, however, advisory and
the only thing it can do, to coerce a university to accept its recommenda
tion, is to stop its grants. It tries to achieve results through persuasion,
discussions, meetings and association of experts from different universities
in its work.
Though in theory the U.G.C. has the responsibility of looking after
the whole gamut of university education, yet in practice there are a few
limitations. The U.G.C. does not look after the subjects of medicine and
agriculture. For these subjects, funds for expansion and development
of the colleges are provided by the concerned ministries. In the matter
of engineering and technological education, the U.G.C. has the responsibility
only for the university institutions. Other institutions are being dealt with
by the Departments of Scientific Research and Cultural Affairs. In giving
grants to the engineering and technological institutions, the U.G.C. is guided
by the All-India Council for Technical Education12 and its regional
committees.
11. Ibid.
12. This is an institution set up by the central government to improve the standard
of technical education in the country. It was formed on the recommendation of the
Central Advisory Board of Education in 1945. It advises the centre, states, U.G.C. and
othsr authorities for the improvement and development of technical education. Its
functions include preparation of development plans of technical education; assessment of
the requirements for technical man-power of different types; establishment of liaison
bstwaen industry, government departments and other organisations on the one hand and
technical institutions on the other; coordination of the functions of State Boards of
Technical Education; recommendation to the central government for grants and other
financial assistance to the state governments, universities and other institutions of techni
cal education. Thefieldsof the councilinclude all engineering and technological subjects,
managsm^nt studies, commerce, architecture and regional planning, applied arts which
includes printing technology also. The structure of the council consists of: the chairman
(Minister of Education); Education Adviser (technical) to the Government of India: chair
men of the regional committees of the council (ex-officio); Chairmen of the All India

The funds of the U.G.C. primarily come from the Ministry of Education.
Funds for engineering and technological institutions are placed at its disposal
by the Departments of Scientific Research and Cultural Affairs. The
U.G.C. receives plan and non-plan grants from the central government.
The former grants are given to it under the various Five Year Plans; while
the latter are meant for administrative expenses of the U.G.C, grants to
central universities including institutions deemed to be universities, and
maintenance grants to the constituent colleges of the Delhi University.
The modus operandi of giving grants to the universities is that certain
proposals may originate from the U.G.C. itself but often proposals originate
from the universities concerned. After the proposal has been received,
it is placed before a scrutiny committee appointed by the U.G.C. Each
proposal approved by the committee is further examined in detail by a
visiting committee, which consists of two or three specialists from other
universities and an officer of the U.G.C. After the recommendation of
the visiting committee, the U.G.C. decides the grant. In the field of engineer
ing and technology the U.G.C. acts on the advice of the All India Council
for Technical Education. An idea of the major work of the U.G.C. and
its method of functioning can be seen by the following conclusions mention
ed in the 1969-70 report of the U.G.C. :
Within the resources available to the Commission, planned
efforts have been made for the provision of physical and academic
facilities required for advanced studies and research, and for
improving the quality and standards of higher education. The
development grants disbursed by the Commission have helped
the universities and colleges to provide facilities fcr the courses
being conducted and for programmes of research undertaken.
The existing syllabi and facilities fcr advanced studies in various
subjects have been reviewed by expert committees, and sugges
tions made for their improvement and modernisation. Various
aspects of the examination system have been carefully examined,
and recommendations made for improving the procedures of
assessment. Questions relating to student welfare have been
examined, and steps taken to improve the conditions in which
students live and work. The programme of summer institutes,
seminars and orientation courses, for acquainting teachers with
new developments in their respective fields of work, has yielded
gratifying results. Centres of advanced study have been estab
lished and developed to encourage the pursuit of excellence
at the post-graduate and research levels. Financial assistance
Boards of Technical Studies (ex-officio); Members of Parliament; representatives of states,

industry, commerce and labour; Members of the Central Advisory Board of Education,
the Inter-University Board of India; representatives of the Association of Principals of
Technical Institutions and professional bodies and other institutions.

19731 EDUCATION : THE CENTRE-STATE RELATIONSHIP 377
has been made available to the institutions concerned for

additional staff, library and laboratory facilities etc. Grants
have been provided to teachers for research and learned work.
The services of selected teachers are being utilised after their
superannuation under a scheme approved by the Commission.
Travel grants are made available to teachers and research workers,
to enable them to visit and work at centres of research or advanced
study in the country, and for attending conferences abroad.
Research scholarships and fellowships are also being provided
to promote advanced studies and research. New programmes for
the improvement of science teaching in colleges, and appointment
of national lecturers have been initiated.
The Commission functions with the help and assistance
of expert committees. Academic opinion is regularly consulted,
and standing committees have been constituted to advise the
Commission in important sectors of higher education. The
development programmes being implemented are reviewed and
evaluated from time to time by committees appointed by the
Commission, and suggestions made for further improvement.13
The U.G.C. tries to achieve its objectives in two ways, : Firstly, by
making recommendations to the universities pertaining to various matters;
and secondly, by making matching grants to the universities for development
projects.
The U.G.C. appoints committees of experts from time to time to
make suggestions for improving various matters of education.14 Apart
from these committees, the U.G.C. has appointed a number of review
committees to examine the existing facilities for training and research
and current syllabi in various subjects of study and to make suggestions
for their improvement and modernisation. As a result of the recommenda
tions of these committees, a considerable improvement has taken place in
various spheres of higher education. But, as pointed out above, the
U.G.C. has no coercive power but only advisory force.
The U.G.C. has framed regulations under section 26 of the U.G.C.
Act for fixing the minimum qualifications for the teachers of the universities.
It has prescribed the age of retirement for teachers to be sixty years, to be
further extended by five years. It has pleaded for a convention that no
13. Report of the U.G.C, 1969-70, p. 48-49.

14. Some of the committees appointed by the commission are as follows:
(0 committee to examine the problem of medium of instruction; (ii) committee to consider
qualifications of teachers in the universities; (///) committee for coordination of standards
of teaching and research; (iv) committee for suggesting development and improvement of
university libraries; (v) committee for suggesting reform in examination system; (vi) coordi
nation committee to consider, (a) award of doctorate degrees, (b) duration of master's
degree course, (c) age of retirement of teachers (d) affiliation of colleges; (vii) committee
to examine the question of setting up of new universities; and (viii) committee to assess
present standards of education.

378 JOtJRrfAL OF TtiE INDIAN LAW INSTITUTE [Vol. 15 : 3
new university in a state should be established without its consent. To
give effect to the proposal, the U.G.C. Act was amended in 1970 which
has empowered the U.G.C. not to give any grant to any university which
is established after the commencement of the Amendment Act of 1970
without its prior approval and also of the central government.
One of the major functions of the U.G.C. is to give grants to the
universities. The commission meets the entire maintenance expenditure
of five central universities, namely, Delhi, Aligarh, Banaras, Vishva Bharti
and Jawaharlal Nehru. To the state universities it makes grants on matching
basis. The general principle is that for any development project of a state
university the U.G.C. meets 2/3 of the non-recurring expenditure and 50 per
cent of the recurring expenditure. However, these figures have varied from
project to project. For revision of the grades of teachers to attract talented
and competent people to the teaching profession, it has suggested revision
of grades from time to time. For a university implementing the suggested
grades, the U.G.C. has met 80 per cent of the increased expenditure. For
affiliated colleges the expenditure met by the U.G.C. has been 50 per cent for
men's colleges and 75 per cent for women's colleges. For libraries,
laboratories and equipment it has undertaken to meet 2/3 of the increased
expenditure. But for hostels for men the figure is 50 per cent and for
hostels for women it is 75 per cent.
The sharing principle is based on the assumption that some funds for
development of university education are available with the state govern
ments and that they would normally want to participate in the development
of the university education within their own territories.
The grants-in-aid made by the U.G.C. could be divided into three
broad categories :
(1) To provide physical facilities like buildings, etc.; to improve
the course contents and to organize the post-graduate department
and research.
(2) To improve the qualifications of the teachers and their working
conditions so as to attract better talent.
(3) To provide welfare activities for the students.
In the first category falls financial assistance for such activities as library
and laboratory buildings and equipment, hostels for men and women,
implementation of the three-year degree course, establishment of centres
for advanced studies in different subjects, improving post-graduate depart
ments, improvement in the teachers training colleges and so on so forth.
For teachers some of the programmes for which grant is being given
are : implementing the scales of pay as suggested by the U.G.C, summer
institutes, seminars and refresher courses, travel grants to teachers to visit
institutions where advanced work is being done, appointment of national
lectureship, helping in utilisation of the services of retired teachers, etc.
For students' welfare, the U.G.C. gives money for scholarships and
fellowships, residential accommodation for students, non-resident students'
centre, development of playfields, health centres, etc.

1913] £DVCAtlON : THE CENTRE-STATE RELATIONSHIP 3W
The working of the U.G.C. indicates two defects. First, it has been
found that many programmes of the U.G.C. are not implemented because
the universities or state governments are not able to find matching sums.
Thus, many state universities in U.P. are still to implement the U.G.C.
scales of pay for teachers. Secondly, the U.G.C. having no coercive
power, its recommendations are not always implemented by the universities.
The role of the Inter-University Board of India
The Inter-University Board (hereinafter abbreviated as I.U.B.) is an

important organisation devoted to the cause of higher education in
India. It is a representative body of all the universities in India and
provides a forum for discussions of problems relating to higher education.
The function of the I.U.B. is to help in the maintenance and improvement
of academic standards. The objects of the I.U.B. are, to serve as an inter-
university organisation; to act as a bureau of information and to facilitate
communication, co-ordination and mutual consultation amongst universities;
to act as a liaison between the universities and the central as well as the
state governments and to cooperate with other universities cr bodies
(national or international) in matters of common interest.15 Furthermore,
its function is to promote or undertake such programmes which
would help to improve standards of instruction, examination, research,
textbooks, scholarly publications, library organization and such other
programmes as may contribute to the growth and propagation of know
ledge.16 It also aims to establish and maintain organisations dealing with
youth welfare, student services, cultural programmes, adult education and
such other activities as are conducive to the betterment and welfare of
students or teachers and others connected with the universities.17
The I.U.B. is not charged with any financial powers, and its ideas
and schemes are accepted voluntarily by the universities. It can have
access to university education only by way of consent and through persuasive
efforts and not by any statutory or implicit powers. The I.U.B. is a voluntary
and non-statutory organisation channelizing its efforts to solve the problems
relating to university education including co-ordination and determination
of standards, question of admission and discipline and regulation of studies
at the undergraduate and graduate levels. The regulation of research
and technological training are also within the purview of the I.U.B. 18 The
I.U.B. is recognized by the centre as well as by the states as a body concerned
with the maintenance and progress of universities. However, it does not
15. See the Memorandum of Association and Rules and Regulations of Inter-
University Board of India and Ceylon 2.
16. Ibid.
17. Ibid.
18. Sea Proceedings of the Inter-University Board of India and Ceylon (41st Annual
Meeting) 29-31 (1966).

380 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 15 : %
have that influence which the U.G.C. has. The centre and states govern
ments have been seeking the assistance of the I.U.B. from time to time on
the areas described above. It has been urging the centre that the U.G.C. and
the I.U.B. should work in cooperation with each other so that each may,
by mutual agreement, supplement the functions and tasks of the other.19
In this regard, it has recommended certain principles with regard to the
distribution of grants by the U.G.C. These principles are as follows:20
(a) For the proper development of higher education, the grants
given to the state by the U.G.C. should be on a permanent basis
while the universities are thankful for the grants that have already
been given, they feel that such grants in future should be processed
by cooperation and co-ordination between the U.G.C. and the
State Government concerned.
(b) Any further development must depend upon the funds that are
made available to the university over and above committed
expenditure. Guarantees for matching grants cannot be given
by the universities as most universities have not got the requisite
funds at their disposal.
(c) Expenditure of a recurring nature in any plan period which has
necessarily to be continued for obvious reasons, must be the first
charge on the funds of the U.G.C. and for the State Government
for subsequent plan periods.
In 1963 the I.U.B. adopted a resolution that grants made by the central
or states governments, to the universities or colleges affiliated to them,
should not be retarded as a means of exercising any control, not contemplated
by the laws under which universities have been established, as such a procedure
would interfere with their autonomy.
The I.U.B. has been conscious about the amendments to the universities
Acts in various states such as the Osmania University (Amendment) Act,
1966.21 In a resolution, the I.U.B. has expressed its opinion in these words :
The Inter-University Board is firmly of the opinion that the

mere fact that certain contributions are made by a State Govern
ment or even by the Centre cannot be a justification to bring
19. Ibid.
20. Id. at 30.
20.a Ibid.
21. The Andhra Pradesh legislature amended twice in 1966 the Osmania Uni
versity Act, 1959. Under the Osmania University (First Amendment) Act, 1966 (Act II
of 1966) the vice-chancellor was not to be removed from office, except as provided for in s.
12(a) of that Amendment Act. The term of office was also fixed for 3 years under s. 13.
But under the Osmania University (Second Amendment) Act, 1966 the person holding
the office of the vice-chancellor, immediately before the commencement of the amending
Act was to hold office only until a new vice-chancellor was appointed under s. 12 (1)
and such appointment was to be made within 90 days of such commencement. (See
University News Supplement, Inter-University Board of India, January 1, 1967, p. 42).

1973] EDUCATION : THE CENTRE-STATE RELATIONSHIP Hi
about changes which will radically alter the composition, the

working and the efficiency of the universities and humiliate the
universities concerned in the eyes of the academic world. The
Beard is of opinion that a statutorily established university is
practically in the same position as a statutorily established
political government and the mere fact that the legislatures of
such governments have certain powers of legislation should not
be utilized to lower the reputation of Indian universities and to
make their efficient working impossible.22
With a view to maintain the autonomy of the universities the I.U.B., in the
Osmania University case,23 took the stand that the proposed legislation
reducing the term of the vice-chancellor and also in respect of the appoint
ment and removal of the vice-chancellor24 was detrimental to the autonomy
of the Andhra Pradesh universities.
The I.U.B. also considers questions relating to the recognition and
equivalence of the various examinations and degrees. This facilitates migration
of students from one university to another. The equivalence of degrees and
diplomas is one of the most important subjects considered by the I.U.B.26
A further recommendation of the I.U.B. is that the grants made by the
U.G.C. to the universities for implementing development schemes should
be processed with the full cooperation of state governments so as to avoid
an impasse as occurred in the case of many universities.26 Most of the
universities are implementing development programmes with the assistance
22. See supra note 18 at 42.

23. Vice-Chancellory Osmania University v. Chancellor, A.I.R. 1967 S.C. 1305
at 1314, the Supreme Court stated:
While a Vice-Chancellor appointed under S. 12 of the Act can be
removed from office only by adopting the procedure under S. 12(2,) the
services of the appellant, who was also a Vice-Chancellor and similarly
situated, is sought to be terminated by enacting S. 13-A of the Act. We
do not see any policy underlying the Act justifying this differential
treatment accorded to the appellant. The term of office of the Vice-
Chancellors has been no doubt reduced under the First Amendment Act
and fixed for 3 years for all the Vice-Chancellors. But, so far as the
appellant is concerned, by virtue of S. 13-A of the Act, he can continue
to hold that office only until a new Vice-Chancellor is appointed by the
Chancellor, and that appointment is to be made within 90 days. While
all other Vice-Chancellors, appointed under the Act, can continue to be in
office for a period of three years, the appellant is literally forced out of his
office on the expiry of 90 days from the date of commencement of the
Second Amendment Act. There is also no provision in the statute pro
viding for the termination of the services of the Vice-Chancellors, who
are appointed under the Act, in the manner provided under Section
13-A of the Act. By S. 13-A the appellant is even denied the benefits
which may be available under the proviso to sub-s. (1) of S. 13 of the Act,
which benefit is available to all other Vice-Chancellors.
24. See supra note 18 at 31-32,
25. Ibid.
26. M a t 30.

382 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 15 : J
of the U.G.C. but they are not sure whether the recurring expenditure
deferred in one plan period will be met by the state governments in the next
plan also and they would be able to maintain the pace of development under
taken after the expiry of the plan.27 In this regard the I.U.B. has suggested
that the grants given by the state governments or the U.G.C. should be
block grants fixed for at least a period of five years and which may be
reviewed at the end cf that period.28 Any further development must depend
upon the funds that are made available to the universities over and above
the committed expenditure and guarantees for matching grants cannct be
given by universities as they do not have the requisite funds at their disposal.29
The I.U.B. has been able to exercise some degree of influence over
the universities' policies by the power of affiliation and its generally conceded
jurisdiction to reject the applications for affiliation when a university
is not found to be truly autonomous and lacks certain essential characteristics
of a model type of university.30 Though the I.U.B. is not a statutory body,
most of the universities have not only joined this organisation but have
respected the resolutions passed with their concurrence, after full discussion
in various matters appertaining to their work.31
There have been occasions when the I.U.B. had to emphasize its
representative character in such matters as the selection of universities'
representatives for foreign delegations or of delegates to represent Indian
universities in conferences of a national or international character.
It has been suggested on some occasions particularly at the time of
the I.U.B. annual meetings that it should act as a clearing house for
all types of information connected with the Indian universities, and for this
purpose it must build up a strong statistical cell wherein the informations
can be properly collated and put out in such form as may be required.32
Certain amount of horizontal mobility of teachers and even students should
continue to take place between various universities.33 Furthermore, the
I.U.B. has an important responsibility to try and ensure high standards
as far as possible and also to strive for some uniformity between various
universities.34
The necessity to correlate university education with the economic
needs of the country is gradually being realized, but has hardly begun to be
implemented, therefore, the I.U.B. should urge its members to pay special
27. See Proceedings of Inter-University Board of India and Ceylon (40th Annual
Meeting) 28 (1964).
28. Ibid.
29. Ibid.
30. Id. at 31.
31. Ibid.
32. Dr. Karan Singh, as the chancellor of the Banaras Hindu University in his
inaugural address at the 39th annual meeting of the I.U.B. expressed his views regarding
the services which the I.U.B. can render in the development of higher education. (See
the Proceedings of the Inter- Universty Board, 39th Annual Meeting, 1963, p. 23),
33. Ibid.
34. M a t 24.

1973] EDUCATION : THE CENTRE-STATE RELATIONSHIP 383
attention to this important activity.35 It is also expected from the I.U.B.

to take active interest in promoting joint academic projects between various
universities whether they are central or state universities, as this can be of
great value in knitting together the intellecutal talent of the nation.
The members of the I.U.B. have been expressing the view that as a
part of the national programme of reconstruction, the existing institutions
of higher education should be financially stabilised and facilities, i.e.,
libraries, laboratories and hcstels shculd be provided on adequate scales
and in this respect no distinction should be made between residential
universities and affiliated colleges.36
An assessment
The administration of university education is basically in the hands
of the states. The centre's role in financing higher education is only marginal.
It provides money only for developmental activities and not for maintenance
expenditure (except to the central universities). In 1969-70 the total grants
made by the U.G.C. for 79 universities in existence for development projects
was Rs. 15.55 crores.
The objective of coordination and maintenance of higher education
is attempted to be achieved through the method of cooperation between
the centre and the states.
The U.G.C. has initiated several schemes for improving the quality
of higher education. However, as stated earlier, the U.G.C. has no power
of coercion. There have been situations in which the U.G.C.'s technique
of persuasion has not worked out, and in such situations certain amount
of coercion is required to achieve the objective of the U.G.C. 37 The
Education Commission has expressed the opinion that the U.G.C. would
be able to discharge its functions better if it practises a judicious mixture
of persuasion and coercion rather than only persuasion.38
The Education Commission has rightly recommended that the U.G.C.
should cover the entire spectrum of higher education. It should be pro
fessionally concerned and adequately equipped with all its problems.39
The commission has further argued that no discipline can develop
fully in isolation from the main stream of the academic life.40 All
branches of education whether it is agriculture, technology or medical
science, astronomy or any other science should be the concern of
the U.G.C. Each branch of higher education can benefit through
inter-disciplinary methods and help in various ways the other
branches of higher education. Higher education must be integrated
as a whole. This was also the recommendation of the Committee of the
35. Id. at 25.
36. See Proceedings of the Inter- University Board of India & Ceylon (31st Annual
Meeting) 17(1956).
37. A.B. Shah, Higher Education In India 74-75. (1967).
38. Ibid.
39. Report of the Education Commission 343 (1964-66),
40. Ibid.

384 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 15:3
Members of the Parliament on Higher Education.41 Professional education

cannot be completely divorced from general education. Professional
education, including medical, agricultural, engineering and law, should also
come within the purview of the U.G.C. 42 This is a correct view to bring
a real improvement in the university education under the efficient control
and administration of the U.G.C.
The I.U.B., though it is not a statutory organisation by virtue of its
constitution, has considerable influence over university education. It has
been providing a forum for discussion of common university problems
and exchange of views among vice-chancellors. Its representative character
has been exerting considerable influence en the central and state governments
and also on the U.G.C. 43 In other words, it has been representing the
case of the universities to the central and state governments, the U.G.C. and
the vice versa.
The I.U.B. has been instrumental in enforcing some standards and
code of conduct among the universities. It is also a useful media through
which the government and the U.G.C. can have the views of universities
on various campus and non-compus problems. The Inter-University
Board is an important channel for the U.G.C. and the central government
for ascertaining the reaction of the schemes to be implemented or evaluated.
The Education Commission has rightly recommended that, if this
organisation is to be made effective and useful, its membership should be
made compulsory to include all statutory universities and all institutions
deemed to be universities under the U.G.C. 44 This recommendation of
the commission will enable the I.U.B. to assist the universities in various
other ways.
Although there are considerable activities of the I.U.B., yet they should
be expanded to enable it to promote uniform standards and to translate
the dominant needs of the country into action in the area of higher education.
It should develop certain advisory, research and service functions for and
on behalf of the universities45 to achieve its purpose and objectives. It
needs to be strengthened financially to perform its functions adequately.
Centralization in terms of financial resources is not possible and the
centre alone cannot accept the full responsibility of financing university
education. Although higher education needs large allocations and the
states have limited resources, in such situations the centre has to contribute
more for the effective development and planned expansion of higher
education. The centre should assist liberally for specific programmes
whether initiated by the state or the centre itself. It will be necessary
41. Report of the Committee of Members of Parliament on Higher Education

45 (1964).
42. Ibid.
43. Dongerkery, University Autonomy In India 12 (1967).
44. Supra note 39 at 342.
45. Id. at 343.

to increase considerably the total expenditure on higher education if massive

and urgent programmes of educational development are to be implemented.46
It would be impracticable to expect the centre to allocate 10 per cent cf its
revenue on education as suggested by the Kher Committee in 1950. The
centre is heavily committed to the defence of the country, therefore, it
is difficult, rather impossible, to spend more than 4 to 5 per cent of its total
revenue on education. Extra-governmental and voluntary organisations' active
interest and resources can be utilized and mobilized for educational develop
ment. Even with the maximum mobilization of resources for education,
however, the available funds will still be inadequate and for some years
to come, the development of education will have to be brought about under
conditions of comparative scarcity.47 Several measures will have to he
adopted to overcome this severe handicap and economical methods will
have to be enforced.48
The U.G.C.'s matching grant formula in the case of several states
is a great impediment in implementing centrally sponsored and state schemes.
It is in the interest of educational development that the U.G.C. should give
grants to the state universities on 100 per cent basis, not based on matching
formula. At present, most of the development schemes need matching
grants from the state universities. Now the situation is that most of the
universities are having a hard time in balancing their budgets and they often
dwell among financial uncertainties. Their budgets often show deficit
and universities depend on state governments for financial assistance.
Although state governments are liberal and have every desire to assist their
universities, they are handicapped greatly due to their own financial burdens.
Therefore, the U.G.C. and the central government are the only places of
pious hopes and sources of financial assistance for the state universities. The
Education Commission has aptly said that in view of the financial difficulties
which are being experienced by the state universities, the share expected
from them should be reduced to the extent possible.49
The grants from the centre to the states are given on the recommenda
tions of the Finance Commission and Planning Commission which covers
grants for education as well. But in the case of university education,
grants are given by the U.G.C. to the state universities. In this respect, the
grants to the states for the purposes of educational development and
expansion must be given on the principle of equalization for all stages of
education. This principle will enable the states to allocate funds propor
tionately in terms of the needs of their region. The grants from the centre
and the U.G.C. to the states, for school and university education respectively,
must be determined on the formula of ratio of population and scope of
educational expansion, ratio of literacy, economic and social conditions
46. Report of the Committee of Members of Parliament on Education 25 (1967).

47. Ibid.
48. Ibid.
49. Supra note 39 at 331,

386 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 15 : 3
and already mobilized resources of a state. These factors must be taken

into consideration in the allocation of grants frorri the centre to the states
to reduce the existing wide gap between advanced and less advanced states
in the present federal set-up. India's social, economic and political stability
is directly linked with the quality of education rather than quantity and in
this respect states must exercise enough freedom and discretion to plan and
implement their programmes based on their needs and resources supple
mented by the centre's maximum and effective cooperation in terms of
money, material, trained manpower and guidance.
Primary and higher secondary education
The subject of school education (both primary and higher secondary)

is a state subject. Unlike higher education, the centre, in this area, does
not have even the constitutional responsibility of coordination and deter
mination of standards. In actual practice, however, the centre plays quite
an active role in school education also. The activities of the centre include:
providing initiative and leadership to the states and acting as a clearing
house of information; drawing up the national plan for the development of
education in close collaboration with the states; undertaking research for the
development of education; undertaking training programmes of a founda
tional nature; undertaking general educational surveys; providing a meeting
ground for state representatives for exchange of ideas; organising seminars
and conferences; training of teachers and instructors; implementing central
schemes; giving financial assistance to the states for implementing centrally
sponsored and state schemes, etc.™
It is not possible to exhaustively describe the role of the centre in
the above items but a few broad features are described below.
Primary education
After independence one of the most stupendous tasks was the recon
struction and expansion of primary education throughout India. The
government at both the levels had been taking steps to provide free primary
education to inculcate a sense of nationalism in all children of school-
going age. The expansion of primary education is vital for the future
educational development of the country.
Constitutionally, as pointed out above, primary education is exclusively
a state subject and the centre has no direct responsibility for it, but it has
indirect, rather significant, responsibility for elementary education which
includes attainment of the goal of free primary education as laid down in
article 45 of the Constitution which reads:
The State shall endeavour to provide, within a period of ten

years from the commencement of this Constitution, for free and
50. See 3 Repjrt of the Study Team of the A.R.C, 208-9 (1967).
compulsory education for all children until they complete the

age of fourteen years.
The constitutional directive of providing free and compulsory primary

education could not be achieved owing to a number of problems that India
faced. This was to be achieved by 1960. In the task of fulfilling the
directive, elementary education was got to be provided through the active
financial support and cooperation of the centre. But this was hot achieved.
The Education Commission in its report has high-lighted the difficulties in
not fulfilling the constitutional directives. The report says:
But in view of the immense difficulties involved such as lack of

adequate resources, tremendous increase in population, resis
tances to the education of girls, large number of children of
backward classes, general poverty of the people and the illiteracy
and apathy of parents, it was not possible to make adequate
progress in primary education, and constitutional directive has
remained unfulfilled.51
During the Fourth Five Year Plan considerable importance has been given
to the expansion of primary education. A pre-requisite for equality of
opportunity is in the growth of facilities for universal primary education.
The enrolment in classes I to V has increased appreciably from 35 million
in 1960-61 to 56 million in 1968-69. In the Fourth Plan, it is proposed to
raise the enrolment in the age-group of 6 to 14 years from 67.76 million at the
commencement of the plan to 86.68 million at the end of the plan. At the
end of the Fourth Plan 95 per cent of the Fourth Plan targets of enrolling
13.8 million additional students in the age-group of 6-14 will be achieved.62
In spite of all this, the task of fulfilling the constitutional directive is a heavy
one. The Fourth Five Year Plan gives emphasis on the expansion of
primary education in backward areas and for girls.53
In the Fifth Plan it is envisaged that the magnificent task of providing
free and compulsory education will have to be attempted in three phases to
be simultaneously pursued.54 The first phase is the universal provision of
schools for which a quick survey of the existing situation will have to be taken
to see that primary and middle schools are established, in the next two or
three years, within easy accessible distance from the home of every child.
The second phase is that of compulsory enrolment and the third phase is
that of universal retention. At present the drop out rates are very high and
much higher among girls.55

52. The Fourth Plan Mid-Term Appraisal 13 (Government of India, Planning
Commission, 1971).
53. S:2 Fourth Five Year Plan 1969-74, p. 278-79.
54. Education in the Fifth Five Year P/an. 1974-79, p. 14 (Ministry of Education
& Social Welfare).
55. Id. at 15.

388 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol 15 : 3
The central government has one complete division in the Ministry of

Education which deals with primary and basic education. The centre has
one special adviser who is assigned to this division and the education secre
tary exercises control and supervision over it. A number of sections work
under the Division of Primary and Basic Education and are devoted to the
study of state schemes. These sections cover pre-primary, primary and basic
education, medium of instruction for children of minorities, teachers' and
other problems including educated unemployment. Two important orga
nizations of the central government, viz., the Central Advisory Beard cf
Education56 and the All India Council for Elementary Education57 act and
advise the states with respect to primary educaticn. On the basis of their
advice the central government formulates policies and establishes guidelines
to be followed by the state governments for the planned progress in the area
of primary education.
At the state level the role relating to the administration of education
varies from state to state. The states of Kerala and Punjab have not dele
gated much authority to local bodies. The states of Maharashtra, Raja
sthan and Andhra, on the other hand, have transferred very large powers
relating to the administration of elementary education to local bodies.58
In the post-independence era both the centre and the states have
been active in the formulation of schemes for the development of education,
There have been two objectives: (a) speedy expansion of educational facilities
56. This is quite an old advisory board in the country which was first set up
in 1920 in order to assist and advise the governments in the provinces on their educational
problems. The Union Education Minister is its chairman and the education secretary,
its secretary. It has representations from Parliament, state governments, U.G.C, I.U.B.,
Indian Council of Technical Education, Council of Scientific and Industrial Research,
All India Council for Elementary Education and other bodies. The board func
tions through its standing committees which include the Primary and Basic Education
Committee, the Social Education Committee, the Secondary Education Committee and
the Higher Education Committee. Its decisions are not binding upon the governments.
57. The council was established in 1957 by the then Ministry of Education and
Scientific Research in order to accelerate the pace of expansion of universal primary educa
tion so as to implement the directive principles as laid down in article 45 of the Constitution.
It has representations from the central and state governments, the Central Advisory Beard
of Education, the All India Council of Secondary Education, Training Colleges,
educationists in the field of basic education, girls' education and education of the
backward classes. The functions of the council are to advise the central and state
governments and local bodies on matters of elementary education, preparation of
programmes for speedy implementation of the constitutional directives, carrying out
research in the administrative, financial, and pedagogic problems of elementary education,
collection of data on the problems of elementary education.
58. In each state the administration of education is carried on through the
education department which includes the education minister and his assistant, the
education secretariat and the directorate of education and the non-cfiicial boards or
councils. Al! these organs perform the function of advising to the state government
on educational matters.

in order to implement the policy of universal free and compulsory education

as soon as possible and (b) to improve the quality of education.
The first problem the states face is a separate allocation of funds in the
state budget for the development of primary education. In this regard the
central government appointed a committee on ways and means of financing
educational development in 1950 and suggested that the government of all
the states should allocate 20 per cent of the total receipts of revenues to
education as a whole.
The Central Advisory Board of Education has been playing a signi
ficant role and has concerned itself with the better administration and
systematized development of primary education. The board's time to time
recommendations included various aspects of primary education. The beard
has recommended a system of primary education on the pattern of basic
education; conversion of primary schools to basic schools; enhancement
in the salary of primary school teachers; the financial help of the central
government; cooperation between the state government and local bodies
for smooth administration of primary education; the consideration of
economical devices such as the shift system and the single teacher schools
to reduce the cost of universal education.58a
The board has also been conscious of the wastage and stagnation at the
primary stage. Furthermore, it has also recommended for the better paid,
better qualified, better trained teachers, suitable textbooks, building equip
ment and teaching aids and development of school health programmes. 59 The
board has also recommended a minimum programme of qualitative improve
ment including revision of curricula including the introduction of work—
experience and national or social service, production of good textbooks,
in-service education of teachers and strengthening of science educaticn.60
The All India Council for Elementary Education has been suggesting
important ways and means for the implementation of directive principle of
state policy relating to primary education as laid down in the Constitution
and the work to be done for the nation-wide development of primary
education. Some of the problems dealt with by the council are of great
significance. Some of the problems the council has been considering frcm
time to time include selection, training, improvement of status and quali
fications of teachers which are the most important issues to be dealt
with in order to improve the standard of primary education, intro
duction of incentives to attract boys in primary schools before enacting
legislation for compulsory attendance; facilities for teachers in tribal areas;
wastage and stagnation at the primary stage ; minimum age relating
to admission for beginners in primary schools ; and model legislation
for introducing free and compulsory primary education. The council
58a. Proceedings of the Central Advisory Board of Education 9-10(1956).

59. Proceedings of the Central Advisory Board of Education (32nd meeting) 74-7?
(1965).
60. Proceedings of the Central Advisory Board of Education (34th meeting) 53
(1968).

390 id ukNAl OF THE INDIAN LA W INSTITUTE [ Voi. 15:3
has also considered some crucial schemes such as the character of local parti
cipation in the administration of primary education; experimental pilot
projects for universal primary education in rural areas necessary for the
development of primary education. It has also reviewed the present posi
tion of primary education in rural areas with special reference to utilization
of existing schooling facilities, need for increasing such facilities, ways and
means of achieving the directive of article 45 of the Constitution.61
Since its inception, the council has been examining and criticising
proposals of the central and state governments. In response to the sugges
tion made by the council, the centre has also sponsored certain general
schemes in the field of primary education. These centrally sponsored
schemes deal with various problems and areas in this section of education.
These schemes are formulated by the central government but are implemented
through the states. The state governments are required to contribute their
own shares in order to qualify for central grants under these schemes.62
Under the sponsorship of the central government, a nation-wide
educational survey was conducted in 1957.63 Information was obtained
about the location of primary and secondary schools in the various states
and suggestions made as to where new schools were needed in the states.
Another centrally sponsored scheme is known as relief of educated unemploy
ed and expansion of primary education. Under this scheme approxi
mately 80,000 teachers were given employment in schools opened in villages
where there were no schools during the First Five Year Plan.64 A similar
scheme relating to relief of educated unemployed and expansion of primary
education for the appointment of 60,000 more primary teachers was intro
duced in various states under the Second Five Year Plan.65 The third
centrally sponsored scheme is about the model legislation for compulsory
primary education. The objective of such type of legislation has been to
enforce compulsory primary education. The implementation of prog-
grammes of universal free and compulsory education equally depends on
the state legislations. The central government had circulated earlier a
model draft Bill for compulsory education. In order to set a particular
pattern of enactment, Parliament passed the Delhi Primary Education Act
in 1960 which became effective on October 2, 1960. The state governments
have been advised by the central government to evaluate their existing laws
in view of the Delhi Primary Education Act. The states of Andhra, Assam,
Gujarat, M.P., Mysore, Punjab, Rajasthan and West Bengal, etc., have passed
Acts following the model of the Delhi Act. Some of the states which have
61. Report of the All India Council for Elementary Education (1st meeting) 2
(1958).
62. Id. at 32.
63. The educational survey of India did not conduct any survey in West Bengal,
the Union Territories of Andaman, Nicobar Islands, Laccadive, Minicoy and Amandive
Islands.
64. Mukerji, Administration of Education in India 160(1962).
65. Ibid.

not passed such Acts were advised by the centre to do so on the model of
the Delhi Act.66
Another important scheme carried out by the centre, which benefits
the states in the field of primary education, is the training of teachers. The
problems involved in it have been examined by the study group en the
training of primary teachers in India. The recommendations are directed
to the states and the centre both.67
Besides the centre's role in the training of teachers of primary schools,
the states are responsible for the welfare of teachers. In this regard, the
states have not delegated any authority to local bodies with respect to the
programme of teachers' training. The states, while dealing with matters
relating to service conditions and recruitment of teachers through the state
public service commission, do take into consideration the centre's guidelines
and advice which are formulated from time to time in the conferences,
seminars and important meetings between the central and state governments.
The centre and the states have been conscious of the need for pre mo
tion of girls' education. The central government initiated a number of
schemes for the development of girls' education. The development pro
gramme68 relating to education of girls has been beneficial to the states
to some extent. The development schemes sponsored by the centre have
been no doubt appealing and sound towards the goal of universal free and
compulsory primary education among girls. In spite of the efforts made
by the centre, education among girls could not make much headway in the
various states. Therefore, the Government of India appointed a committee
under the chairmanship of Shrimati Durgabai Deshmukh to suggest to the
66. 1 Indian Year Book of Education 15 (1965).

67. The study group clearly indicated that there is a great backlog of untrained
teachers in almost all the states and advised to clear out this backlog by expanding training
facilities effectively not later than 1971. The estimate was that by 1965-66 the total number
of primary teachers in position would be 1.626 million and that as many as 406,500 of
these would be untrained. It also advised each state to assess its own requirements of
additional teachers to be needed in the next twenty years. It also recommended that
the duration of training programmes should be increased to a minimum of two years for
matriculates and at least three years for non-matriculates; better scales of pay to teachers
in order to improve their academic and professional qualifications. Besides, a model
training institution for elementary teachers is needed to evaluate the needs of such training
institutions, e.g., building, lands hostels, classrooms, accommodation for teachers,
libraries, laboratories, teaching equipment and arrangements for cratft teaching, etc. The
training of teachers needs to be integrated with educational research so as to improve
techniques of teaching. See generally, J.P. Naik, Elementary Education in India 87-89
(1966).
68. The development programme included expansion in the available accommoda
tion in existing training institutions, free residential quarters for women teachers in rural
areas, scholarship and stipends for women teachers under training, adequate assistance
to girls in the form of education material, facilities for girls in co-educational schools,
hostels for girls in rural areas, raising the standard of recruitment of women teachers,
relaxation of rules for part-time employment of women teachers, employing women
teachers in girls' and boys' schools at elementary stage, etc. See Report of the All India
Council for Elementary Education 32-33 (1958).

392 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 1 5 : 3
government necessary steps to be taken for the promotion of women's

education at primary and secondary levels.69 This committee recommended
that education of women be treated as a special problem;70 and for some
years special machinery be created to implement the programmes of develop
ment at the centre as well as in the states. The centre was advised to set
up a National Council for Women's Education and in accordance with the
recommendations of the ccmmittee, the All India Council for Women's
Education was established in 1959.
Historically, education finance from the centre to the states was started
by Lord Curzon in the early 19th century. Between 1902 and 1918-19,
the central government sanctioned quite a large recurring and non-recurring
grant to the provinces for the development of education.71 Out of these
grants some were specifically allotted for the development of primary
education. Primary education was indirectly figured in the grants for the
development of general education in 1902, 1910-11, 1912-13, 1913-14,
1914-15. There were specific grants for the training programme of teachers
and improvement of their pay in 1917-18.72 The pattern of central assis
tance to the states continued after independence more vigorously.
In view of the historical development, the centre has a special role to
play in financing the development schemes relating to the expansion of
primary education in the states. Backward states need special attention and
financial assistance from the centre to remove their educational back
wardness.
The pattern of grants from the centre to the states for all educational
purposes are given for development projects or schemes laid down in the
Five Year Plans. In the First Plan grants were given for specific purposes
to assist the special schemes of the states relating to the expansion of primary
education. The grant-in-aid differed from scheme to scheme and, therefore,
even in a particular scheme recurring and non-recurring expenditure varied.73
In the Second Plan, the pattern of specific purpose grant was continued
but the complexity of the system was minimised in a way by selecting only
a few major schemes for assistance and by following the common rate of
grant-in-aid for recurring and non-recurring expenditure.74 This system
had an impact on the freedom of the states in planning. In the Third Plan
grants were given for the plan as a whole, though certain schemes got
priority in their implementation. Such schemes for improving the salary
scales of teachers earned assistance at 50 per cent of the total expenditure
69. See generally, Report of the National Committee on Women's Education

(1959).
70. Id. at 192.
71. Atma Ram Mishra, Financing of Elementary Education, The Indian Year
Book of Education 505-6 (1964).
72. Id. at 506.
73. Ibid.
74. Ibid.

1973} EDUCATION : THE CENTRE-STATERELATIONSHIP teS
and teacher training and education of girls received central assistance at

100 per cent.
The system of giving financial assistance to specific heads or schemes
went against the flexibility and distorted priorities from the point of view
of the states. Therefore, during the Fourth Plan this was entirely given up.
Now block grants are given for the plan as a whole. 30 per cent of the
total assistance is given as grants and the balance as loans.
For the development of primary education, in the First Plan,
Rs. 85 crores (or 56 per cent) were allocated out of total allocation
of Rs. 153 crores on education. In the Second Plan, Rs. 95 crores
(or 35 per cent) out of total of Rs. 273 crores; in the Third Plan,
Rs. 178 crores (or 30 per cent) out of Rs. 589 crores; in the interregnum
period (1966-69) Rs. 65.3 crores (or 20 per cent) out of Rs. 321.5 crores
and in the Fourth Plan Rs. 234.74 crores (or 28.5 per cent) were allocated
on primary education out of Rs. 822.66 crores. Whereas in the Fifth
Plan the grant is Rs. 1600 crores (or 50 per cent) out of Rs. 3200 crores of
total outlay on education.75
Primary education (classes I to VIII) is free in all states.76 In the
Fourth Plan it has been planned that each state should work out the additional
number of pupils which it must enrol during the plan period in order to
achieve the target.77 A major proportion of additional enrolments will take
place in some of the backward states like Bihar, Madhya Pradesh, Rajasthan
and Uttar Pradesh.78 It is feared that these states will not be in a position
to meet the expenditure from the state resources and the central assistance
which they may reasonably expect to receive according to the prevailing
pattern.79 It will, therefore, be necessary to give special central grants to
these states over and above the state Plan ceilings. This special central
assistance should generally be subject to the condition that the grantee states
make adequate contributions from their plan and non-plan resources to the
funds needed for the expansion of facilities for primary education.80 In
the field of primary education there are a number of areas where centre-
state cooperation has become inevitable. These areas include special
programme for girls, school meals and free textbooks, prevention of wastage
and stagnation in the primary classes, strengthening of state institutes of
education, construction of new buildings to cope up with increasing enrol
ments, research, training programme for teachers, developing competencies
75. Eduoation in the Fifth Five Year Plan, 1974-79, p. 54,.(Ministry of Education).
76. Assam: up to Class VI for boys and girls; Andhra: I to X classes for boys
and I to XII classes for girls; Bihar : I to VIII classes for boys and I to VII classes for
girls; Haryana : 6 to 11 years and 11 to 14 years of age group; Madhya Pradesh :
up to middle classes; and West Bengal : 1 to 5 classes. This is based on information
received from the Union Ministry of Education.
77. Educational Development In the Fourth Plan, 1969-74, p. 44. (A Report
of the Planning Group on Education) (1968).
78. Id. at 46.
79. Ibid.
80. Ibid.

$94 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 1 5 : 3
of primary school teachers for handling improved programmes of science,

etc*1
Besides, the financial assistance of the centre, it is equally important
to create educational opportunities in the different states.82 Educational
opportunities in the states can be equalised by the centre if it provides a
system of grant-in-aid on the basis of equalization.83 The centre can fulfill
this responsibility if the Planning Commission provides a reasonable amount
of special assistance, allotted for primary education, to the backward states
in every annual and Five Year Plan till the constitutional directive regarding
primary education is implemented in all the states.84
In order to implement the constitutional directive with regard to
primary education, it is necessary to institute a permanent recurring grant-
in-aid to all the states on the basis of equalisation. The centre may share
an agreed proportion of the entire expenditure on primary education with
the states. The centre may also institute a system of equalisation grants
to the states for the purpose of primary education on the basis of equalisa
tion of grants in relation to assumed cost per pupil, equal effort by the
states to meet the expenditure per pupil.85 In this regard J. P. Naik
enunciated :
In every state, the total expenditure on elementary education
incurred in any given year should not be less than the amount
realised by the minimum prescribed effort to be made by the
state plus the amount of central aid given for that year. If the
actual expenditure in any given year were to fall short of this
sum, the central aid to be given to the state during the next year
should be adjusted accordingly.86
The target of universalization of primary education up to the age of
14, however, cannot be fulfilled unless there is a large-scale financial aid for
the purpose.87 It would not be possible for the states to meet the huge
cost involved in the implementation of the programme of universalization
of primary education.88 In this regard the Committee on Pre-school
Development and Primary and Middle School Education has recommended
that an expert committee may be set up by the Planning Commission which,
after holding discussion with the different states, may submit a report on the
following points :89
(a) the time schedule for universalisation of primary education up
" 81. Id. at 47-49. ~"~~ ~~
82. A Perspective Plan for the Development of Primary Education in India 1966-
1986, p. 39. (Ministry of Education).
83. Id. at 39-40.
84. Ibid.
85. J.P. Naik, supra note 67 at 145.
86. Ibid.
87. Proceedings of the Central Advisory Board of Education (36th Session) 57
(1972).
88. Ibid.
89. Ibid.

1973] EDUCATION : THE CENTRE-STATE RELATIONSHIP &5
to the age of 14 to be adopted by each state;

(b) the best and the most economical method of achieving the objective
in (a) above;
(c) the cost estimates for the same;
(d) the resources to be made available for the purpose by the state
government; and
(e) the contribution to be made by the central government towards
the above programme.
On the recommendation of the above expert committee, the total plan
outlay for universalization of primary education could be determined. This
should be treated as the first charge on the national plan before the plan
funds are allocated between the centre and the states.90
However, there is great need for removal of existing inequalities in the
development of primary education in the different states. The problems
involved in the expansion of primary education are physical, social, cultural
and equally important economic factors. The population of the scheduled
castes and scheduled tribes and weaker sections of the society and their
percentage in the total population varies from state to state. Orissa has
the maximum population of scheduled castes and scheduled tribes while
the state of Maharashtra has the smallest population of such people.
Similarly, traditional prejudices against girls' education also pose problems
in some states such as Uttar Pradesh and Rajasthan.
In view of these problems the central aid to the states, on the expansion
of primary education, should be fixed in each Five Year Plan year to year.
Besides, the next step should be to indicate how the expansion schemes
would be implemented quantitatively and qualitatively from plan to plan.
The centre should indicate the cost per pupil that it expects to attain for the
country by the end of each Five Year Plan.91 The centre should
also indicate the cost per pupil that it expects to attain for the country and
also the enrolments that should be reached by the end of each plan.92 The
centre should also lay down the share of the total expenditure which it
expects the states to raise for each plan on the expansion of primary
education. Any central grant to the states must take into consideration
the various assumptions such as, the increase of population the rate
of increase in the rate of enrolment in primary schools in each state
and the rate at which the total income would increase in each state.93
These assumptions must be given due importance in the allocation of funds
for the development of this sector of education. The aid programme
from the centre to states must be based on realities of the states. If these
realities get closely linked up with the central assistance then to a reasonable
90. Id. at 58.

91. Id. at 143.
92. Ibid.
93. Id. at 144.

5$& JOURNAL OP THE INDIAN LAW INSTITUTE [Vol. 15 : 3
extent it can be hoped that attainment of the constitutional directive of

universal primary education may be in sight.
A word may also be said about the central and centrally sponsored
schemes. Only a few central and centrally sponsored schemes operated in the
area of primary education, and in the field of teachers' training. During the
Fourth Five Year Plan previously there was no centrally sponsored scheme,
but a new centrally sponsored scheme, started in 1971, related to making
provision for employment of uneducated unemployed and expansion of
elementary education. Under that scheme states were sanctioned 30,000
teachers in 1971-72 and the same number in 1972-73. Further, the states
were given permission to construct 5,000 classrooms in 1971-72, and 30,000
in 1972-73.94
Higher secondary education
Since the nineteenth century, educationists have been engaged in the
reconstruct!onal task of secondary education.
In 1853 a number of problems grew-up which required immediate atten
tion. An enquiry was made and a despatch known as Wood's Despatch of
1854 was issued reviewing the development of education and proposing new
schemes for implementation. In 1882 an education commission known
as the Hunter Commission was appointed by the Government of India to
report on the entire system of education in the country and it made certain
fundamental recommendations regarding the type of education to be given
at the secondary stage. The University Commission of 1902, the Calcutta
University Commission of 1917, the Hartog Committee of 1929, the Sapru
Committee of 1934 (appointed by the U.P. government), the Abbotwood
Report of 1936-37 and the Sargent Report of 1944, visualized many funda
mental defects and a great need for the improvement in the system of
secondary education.
In the post-independence era the Central Advisory Board of Education
in 1948 considered the problems of secondary education and recommended
many changes in this branch of education. The Government of India
appointed University Education Commission in 1948 under the chairman
ship of Dr. S. Radhakrishnan. The commission's area was confined
primarily to university education in India, but it also reviewed the position
of secondary education. The commission remarked that "Secondary
Education is a real weak spot in our entire educational machinery."95 The
most important committee in the area of secondary education is the Secondary
Education Commission appointed in 1952-53. The brief history of secondary
education in India indicates that from the 19th century to post-independence
time the emphasis and importance has been on the methods of improving
secondary education. It is, to a great extent, true that the reports of various
94. Information received from the Education Division of the Planning

Commission.

commissions have given much food for thought to improve and expand
secondary education in India.
The central government advises the states in various ways through
advisory agencies such as the Central Advisory Board of Education,96 the
Directorate of Extension Programmes for Secondary Education,97 the
National Board for Audio-Visual Education,98 the Central Advisory Board of
Physical Education and Recreation99 and the All India Council for Secondary
Education,100 etc. An important organisation set up in 1961 by the central
government in the area of school education is the N.C.E.R.T. (National
Council of Education Research and Training), which is an autonomous
body financed entirely by the central government. On its establishment
it took over the Central Institute of Education (1947), the Central Bureau
of Textbooks Research (1954), the Central Bureau of Educational and
Vocational Guidance (1954), the All India Council for Secondary Education
(1955), the Directorate of Extension Programmes for Secondary Education
(1955, 1959), the National Institute of Basic Education (1959), the National
Fundamental Education Centre (1956), and the National Institute of Audio
visual Education (1959).
The council functions as the academic wing of the Ministry of Education
of the Government of India and assists the ministry in the formulation
and implementation of its policies and major programmes in the field of
school education. Broadly, the functions of the council are to undertake
96. Supra note 3.

97. It was created as an executive agency to implement the programmes of the
All India Council of Secondary Education. The directorate conducts several schemes
which include in-service training of secondary teachers, setting up of extension services
departments which have been established in 54 training colleges, opening of science clubs
and encouragement to research and experimentation. The directorate has a unit which
deals with problems of examination reform. See the Indian Year Book of Education 237
(1961).
98. The board was established in 1953 on the recommendations of the All-India
Conference on Audio-Visual Education held in 1951. It gives expert advice to the central
government on the development of audio-visual education in the country. The board
has a chairman, a secretary and 21 members. All members of the board are the nominees
of the Union Ministry of Education.
99. The board consists of the principals of colleges of physical education
recognised by the Government of India, one representative of the I.U.B., one representative
from the All India Council of Sports, a woman specialist in physical education and four
members nominated by the Government of India. It is an expert body which renders
advise to the central government on all matters relating to physical education and
recreation.
100. The council was established in 1955 as an expert body to deal with problems,
programmes and improvement of secondary education. Its functions are advisory as
well as executive. It advises both the centre and the states in matter of improvement and
expansion of secondary education. It has representatives from the Union Ministry of
Education, Ministry of Finance and one member each nominated frcm the All India
Council for Technical Education, U.G.C, the All India Council for Elementary Education,
All India Federation of Educational Associations, the Association of Principals of Training
Colleges and a representative from each state nominated by the central government.

&8 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 15:3
studies, investigations and surveys relating to school education; to organise

pre-service and in-service training, mainly at an advanced level; to organise
extension services; to disseminate improved educational techniques and
practices in schools; and to act as a clearing house for ideas and information
on all matters relating to school education.
In order to carry out its functions effectively, the council works in
close cooperation with the education departments in the states, universities
and generally all institutions set up in the country for furthering its
objectives of school education. Thus, the council works in close cooperation
with the Central Advisory Board of Education, the National Board of
School Textbooks. All the ministers of education of the states are
ex-officio members of the council. Such a collaboration assists in the
implementation of suggestions of the council. It is against this background
that the Government of India requested it some time back to function as
the National Board of School Education.
The central government, from time to time, appoints commissions
and committees for reviewing the policies and suggesting ways and means
for expansion and improvement in the pattern of secondary education
throughout the country. In this direction, the Secondary Education
Commission (hereinafter called the commission) appointed in 1952-53
by the centre has studied the existing systems and problems in the field of
secondary education.
The commission in its report covered several aspects such as curriculum
and administration, method of teaching and finance, examination, teaching
personnel, study of languages and guidance, and two most important aspects
considered were the reorganization of the pattern of general education and
the diversification of education at the secondary stage.101
The Government of India accepted the recommendations of the
commission and initiated measures to convince the states to implement
them effectively. The pattern of secondary education as envisaged in the
commission's report was also accepted by the Central Advisory Board
of Education102 with few modifications. In order to improve the system
of secondary education the centre decided to reorganise it on the lines
indicated in the following resolution of the Central Advisory Board of
Education :103
(a) The degree course should be of three years and 17 should be the
minimum age for entry into universities.
(b) The end of secondary education at 17 should mark a terminal
stage in education and prepare students for life. It should also
be of a standard which would enable them to participate with
profit in the three years degree course.
(c) The Government of India be requested to appoint a committee
101. Sse generally Report of the Secondary Education Commission (1952-53).
102. The Central Advisory Board of Education hereinafter abbreviated as
C.A.B.E.
103. Proceedings of the C.A.B.E. (22nd meeting) 19 (1955).

to draw up an integrated syllabus for the school final examination

to achieve the above objective.
(d) The last class in the secondary stage should be called the 11th
class and may be reached after schooling of not less than ten
years, the actual duration of the school system in the various
states to be determined by the state governments concerned.
The C.A.B.E. also suggested that liberal financial assistance should
be provided by the centre to the state governments. The C.A.B.E. requested
that the central and state governments and the Planning Commission to
provide necessaryfinancesin the Second Five Year Plan for the implementa
tion of these recommendations. The commission took pains to survey the
whole field of secondary education and recommended that training of
teachers, improvement of practical and vocational efficiency and the develop
ment of literary, cultural and artistic interests in them are necessary for the
full development of human personalities. The centre through C.A.B.E.
and other extra-constitutional organisations has been convincing the states
that implementation of the commission's recommendations is crucial to the
reorganisation of secondary education.
On the advice and suggestions of the centre, the states have imple
mented the recommendations of the commission. In this regard, the states
have also converted schools into multipurpose schools as recommended by
the commission. The total number of secondary schools has increased
considerably.104 As regards the higher secondary schools, most of the
states have accepted the recommendations of the Secondary Education
Commission that ten years secondary school should be converted into
eleven years higher secondary schools.105 Besides, the states have also
established multipurpose schools to diversify secondary education.10*
In these schools education is imparted on humanities, science, agriculture,
commerce, home science, arts and technical subjects.
The centre has been initiating several schemes and providing leader
ship to the states in the development of secondary education. The activities
of the centre include technical guidance, dissemination of useful information,
policy formulation and formulation of plan and evaluation programmes.107
104. The number has gone up from 6,682 in 1949-50 to 17,257 in 1961. It was
expected to rise further to 218,00 by 1965-66. The Indian Year Book of Education 233
(1961).
105. In the First Five Year Plan, 77 Secondary Schools were converted into
higher secondary status. During the Second Plan, the number was raised to 3,121. A
far bigger attempt was to be made in the Third Plan and about 50 per cent of the schools
were proposed to be raised to the higher secondary status by 1965-66. How far this target
is achieved in the Third Plan is not known. The Indian Year Book of Education 235 (1961).
106. In the First Plan, 374 multipurpose schools were established and their
number rose up to 2,115 at the end of the Second Plan. Emphasis in the Third Plan was
on consolidation and improvement rather than on expansion.
107. Ill The Report of the Study Team on Centre-State Relationship, A.R.C.,
(Mimeographed) 264 (1967).

400 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 15 : i
And the centre has been persuading the states to adopt its schemes and
policies through its organizations, seminars and conferences.108
The commission has emphasized the need for a complete reform of the
curriculum and has recommended many significant changes for its improve
ment. The commission has also recommended the inclusion of languages,
social studies, science, mathematics, arts, crafts and physical education
at middle school stages. At the secondary stage, diversified courses of
instruction should be provided for the students but certain subjects should
be common to all students irrespective of diversified courses of study they
may take. Diversified courses should include humanities, sciences, technical,
commercial, agricultural subjects, fine arts, and home science, etc.1™
At the centre's initiative, the various states undertook the venture
of improving the curriculum of secondary education. The states modified
the old system and introduced a new grouping of subjects and courses of
studies to impart a vocational basis to secondary education. The emphasis
in the syllabus shifted to crafts. The states realized the value of the
recommendations of the commission, and some states immediately imple
mented its recommendations.110 Most of the states have carried out
educational reforms with regard to curriculum with varying degrees.111
In regard to the position of English in the curriculum of secondary schools,
the states had considered the matter at the conference of the State Education
Ministers in 1957. The conference recommended the teaching of English
as a compulsory language both at the secondary and university stages.
The states agreed to take adequate steps to equip students properly with the
knowledge of English during secondary education so as to enable them to
receive education through this language at the university stage.112 Teaching
of English is compulsory in some states and in some it is optional.113
Textbooks
Centre-state cooperation is also present in the field of textbook research

and production for secondary schools. Some attempts have been made
by the centre and the states to improve the quality of textbooks. In this
108. The central government through the National Council of Educational

Research and Training, the All India Council of Secondary Education, the Central
Advisory Board of Education and State Education Ministers' Conferences which are held
periodically for reviewing and exchange of ideas between the representatives of the central
and state governments. The vice-chancellors of the central and state universities also
take part in Xhzsz conferences organised by the centre.
110. These developments immediately took place in Assam, Bihar and Bombay.
See, Progress of Education in India, Quinquennial Review 65-67 (1947-1952).
111. See, Progress of Education in India, Quinquennial Review 67, 68, 255 and
269(1947-1952) : Education in India 110 (1954-55); p. 114(1955-56).
112. Proceedings of the State Education Ministers' Conference 29 (1957).
113. In U P . and Rajasthan English is optional at the secondary and university
level.

regard the commission focused the attention on the urgency of producing

proper textbooks for schools, and it laid the responsibility on the central
and state governments.114 In relation to the production of textbooks, the
C.A.B.E. advised that production of textbooks should be the responsibility
of the state governments and that a central agency for the improvement
of textbooks should work at the national level to conduct reserach to prepare
and circulate model textbooks to be used by the states in the preparation
of their own textbooks. In addition, it was recommended that the
centre should act as a clearing house agent in respect of the preparation,
production and distribution of textbooks.115 The centre had established
the "Central Bureau of Textbook Research".116 The bureau was carrying
on research in textbook production which was available to the states.
Now this is being done by the National Institute of Education of
the N.C.E.R.T. At the central bureau a detailed and comprehensive
analysis was carried out to assess the role of existing textbooks in humanities,
i.e., languages and social sciences in promoting national unity.117 A gocd
number of books on these subjects were analysed to see how far they
contributed in promoting national unity.118
The Emotional Integration Committee appointed by the centre also
recommended that textbooks in history and geography should be of the
same content throughout India and must be centrally produced and that
training in textbook writing is essential.119 All these efforts of the centre
in the area of textbook research have had an impact on the states. The states
have realized the problem relating to textbook production and research.
The chief ministers in this direction have been feeling the necessity of providing
suitable textbooks in schools both at the primary and secondary stages
to inculcate in the minds of students an integrated outlook and a sense of
unity of India.120 Many states have established textbook or school book
or literature committees which are responsible for the preparation, review
and production of textbooks.121

115. Proceedings of the Central Advisory Board of Education (29th Meeting) 26
(1962).
116. This bureau has been merged with the National Institute of Educaticn of
the National Council of Educational Research and Training and textbook research is
being carried out by its Department of Curriculum and Evaluation.
117. 47 Secondary Education, Oct-Dec. 1961.
118. Ibid.
119. See the Report of the Emotional Integration Committee (1961).
120. Proceedings of the Central Advisory Board of Education (29th meeting) 26
(1962).
121. In Orissa there is no textbook committee. But there is an agency, the Press
Preparation and Publication Committee, which works in coordination with the Board
of Primary Education, and the Board of Secondary Education, and is responsible for the
preparation of textbooks for primary secondary, and higher secondary levels. In Bihar,
the Textbook and Education Literature Committee has been replaced by the Bihar State
Textbook Publishing Corporation Ltd. which is responsible for preparation, pubica^
tion and distribution of nationalized textbooks in the state.

402 JOURNAL OF THE INDIAN LAW INSTITUTE (Vol. 15 :3
Vocational guidance
Educational and vocational guidance in secondary education has

made some progress and in this regard cooperation between the centre and
the states is of some significance. The commission realized that the introduc
tion of diversified courses of instruction in schools presupposes the
responsibility of teachers to provide adequate and proper guidance to the
school-going children in their selection of courses and the careers they intend
to pursue. Diversified courses of secondary education alone cannot
produce a system in which students would be able to adjust themselves
according to their bent of mind and interest. To coordinate the aptitudes
of school-going pupils with the diversified courses, educational and vocational
guidance is necessary to achieve the social and educational objectives.122
The centre, with a view to assist the educational and guidance move
ment, created the Central Bureau of Education and Vocational Guidance
in 1954. This agency has been merged in the National Institute of
Education in 1960. But it did work for the improvement of guidance
facilities in the country both at the centre and states levels. In pursuance
of the suggestion of the commission, the Government of India assisted
the states in establishing school guidance services. Almost all the states
have established state bureaus of education and vocational guidance. The
bureaus in the states, under the direction of the central bureau, have been
carrying on diverse activities on collecting and disseminating occupational
information among school students, training guidance personnel and creating
guidance consciousness among parents and the general public.123 Further,
the contribution of state bureaus, with regard to school programmes, has
been in maintaining a continual supply of the necessary aids and tools
and model guidance notes helpful for pupil appraisal and for occupational
orientations of pupils.124 Although the centre has been assisting the states,
some states have adequate organisations and some have not. In this
regard, to provide guidance to the states, the centre organized an All India
workshop on the implementation of the centrally sponsored scheme relating
to guidance and made several recommendations relating to evaluation of
guidance services, a common syllabus for the diploma courses in guidance.125
A survey126 was also conducted by the centre to ascertain the views of the
states and the states were of the opinion that the centre could work for
122. Supranote 101 at 107-110.

123. Education in Eighteen Years of Freedom (1965) 22 (Ministry of Education).
124. See Manual of Educational And Vocational Guidance 12 (Ministry of Educa
tion 1957).
125. See generally Report of the All India Workshop on the Implementation of
the Centrally Sponsored Scheme For Guidance (N.C.E.R.T.) (1962).
126. This was conducted by Mr; John G. Odgers, USA1D Consultant in the
former Directorate of Extension Programmes for Secondary Education in the Union
Ministry of Education. See Report of All India Workshop on the Implementation of the
Centrally Sponsored Scheme for Guidance 53 (N.C.E.R.T., 1962).

the preparation of a uniform policy regarding school guidance services

throughout the country. The states also stated that the centre should
provide training to counsellors for state bureaus and schools where the
states find themselves unable to provide training, etc.121 The centre through
its agency could act as a clearing house for technical information, publish
literature such as a newsletter, an all India journal, research reports, a
bulletin giving the latest trends and techniques, educational and occupational
information, charts, posters, etc.12S
In the Fourth Plan equal emphasis is given on vocationalization to
link up closely with manpower needs and employment opportunities. The
Fourth Plan recommends that careful studies should be made in every
state and "to the extent it is justified by manpower needs or employment
opportunities, and the higher secondary education should be vocationalized
as a top priority.129
The Fifth Plan also gives importance to the vocationalization to prepare
a student for seme vocation in life. In the Fifth Plan the "whole programme
is so arranged that the majority of the students go in for the vocational
courses and the pressure on university admissions are considerably
reduced/' 130 The plan aims at to provide general education till the end of
class VIII or age 14 for all children, and then the vocationalization. At
the higher secondary stage, the objective should be as the Education Com
mission recommended, to divert about 50 per cent of the students into
suitable vocational courses.131 The total cost of the vocational programme
is estimated at Rs. 100 crores.
Audio visual education

Audio-visual education in India is a movement of recent origin. The
centre and the states both have been conscious of the fact that education
through audio-visual material can render learning more effective and enjoy
able at all stages. In this area, the role of the centre symbolizes the develop
ment of audio-visual education at the national level. The matter relating
to audio-visual education was considered for the first time by the All India
Education Conference held in January 1948. Then, after some time the
central government examined the problem of visual education in different
levels of education. In 1949, a press note was issued with a view to
encouraging the production of films relating to education. In 1951 an All
India Conference on audio-visual education was organized to examine
the various aspects of audio-visual education and indicated the ways and
means of development. In 1952 the National Board of Audio-Visual
Education was established and the board held three meetings in 1953, 1955
127. Ibid.
12S. Ibid.
129. Approach to the Fourth Five Year Plan in Education (1969 to 1973-74) 25
(Ministry of Education).
130. Education in the Fifth Five Year Plan, (1974-79) 31 (Ministry of Education),
J31. M a t 32.

404 JOURNAL OF THE INDIAN LA W INSTITUTE (Vol. 15 : 3
and 1959 emphasizing the establishment of visual boards in the states,

the production of educational films by the "Films Division", the production
of non-projected visual aids, use of rural aids in schools, establishment
of films and filmstrip libraries in the states, introduction of audio-visual
education in teachers' training institutes, supply of radio sets in the secondary
schools, publication of periodicals on audio-visual education, research
in the evaluation of educational films in cooperation with some selected
institutions, encouragement to private producers in the production of visual
aids and equipment, proposal to establish the National Institute for Audio-
Visual Education, reports of the state governments regarding the progress
made in this field.132
An All India Teachers' Conference on Audio-Visual Education was
organized in 1956 and the Union Ministry of Education suggested to the
state governments to have an audio-visual aids section in every education
departments, to have an audio-visual aids training centre, for which the
state governments should be eligible for central help, and it should investigate
handicaps in the way of greater use of audio-visual aids in secondary schools
and ways and means to overcome the handicaps.133 The conference also
recommended that the states should organize visits to school teachers in
and outside the state where significant audio-visual educational work is being
done. That teachers' training institutions should also take up research in
the materials, availability and cost of various types of audio-visual aids,
that every school especially every secondary school should have one of its
teachers specialized in the use of audio-visual aids as well as in film apprecia
tion and give him opportunities to make use of his knowledge and skill for
the benefit of the whole school and that commercial producers of audio
visual aids collaborate with the competent subject teachers in the preparation
of these aids, etc.1Z4t
In order to revitalize audio-visual education and to provide a new
dimension in teacher education, the National Institute of Audio-visual
Aids was set up in 1959 (now the department of Audio-visual Education
in the National Institute of Education). The major functions of the depart
ment are to provide assistance to states in the field of teachers training in
audio-visual curriculum, leadership in ideas, in technical information and
in gathering know-how and educational methods for the use of varied
materials in technical and educational research, and in experimentation,
training of personnel in this specialized field and general coordination,
e/c.135 Most of states have established Audio-Visual Boards at the initiative
of the National Board for Audio-Visual Education. But some states have
132. See generally Proceedings of the First Second and Third Meeting of the National
Board for Audio-Visual Education (1953, 1955, 1959, Ministry of Education).
133. Proceedings of the All India Teachers Conference on Audio-Visual Education
9. (1957, Ministry of Education).
134. Ibid.
135. Noel and Athalya, A Look At India's New National Institute of Audio
visual Education, 3 Audio-Visual Education July 1959, p. 3.

1973] EDUCATION : THE CENTRE-STATE REIATICNZH1P 405
not established such boards.136 Besides, some states have a separate depart
ment of audio-visual education and some have an audio-visual section in
the Ministry of Education.137 Most of the states are maintaining film
libraries, the backbone of audio-visual education.138
Examination reforms
Reforms in the examination system is another field where the centre
and states both have considerable influence. At the initiative of the centre
a long-term programme relating to examination reform was launched
during the Second Plan. The centre has been emphasizing that the system
of evaluation is an integral part of teaching and learning and should be
associated intimately with the objectives of the curriculum. The centre
through its 'examination unit' (now the Department of Curriculum and
Evaluation)139 had drawn a long term programme to improve the method
of evaluation.140 The unit has introduced several new techniques and also
prepared a large number of test items reflecting the new objectives.141 The
Boards of Secondary Education in the states have been advised by the
"examination unit" to apply the tests in the external examination. The
examination unit has also assisted the states to establish evaluation units
in their areas. Almost all the states have set up evaluation units to improve
the examination system and adopt the techniques developed by the examina
tion unit of the centre. The centre has assisted in the establishment of
evaluation units in the states as a central scheme so that in the early stages
*f the programme, a certain measure of uniformity of approach and procedure
get ensured.142 It was planned that, at least by the end of the Third Plan
every state should have an evaluation unit to carry out the work initiated by
136. Information by the courtesy of the Department of Audio-Visual Education,

National Institute of Education, New Delhi.
137. Orissa, Kerala, Jammu and Kashmir, Punjab, West Bengal have no separate
audio-visual section to look after audio-visual education. (Infcrmaticn hy the ccuitesy
of the Department of Audio-Visual Education, New Delhi).
138. Information by courtesy of the Department of Audio-Visual Education,
New Delhi.
139. This department is a part of the National Institute of Educaticn of the
N.C.E.R.T. Formerly this was the Central Examination Unit of theD.E.P.S.E. Then
it was bifurcated from the D.E.P.S.E. in 1966 to form an independent department nsrrxd
Examination and Evaluation Unit. Then again this department was named in 1966,
theDepartment of Curriculum Methods and Textbooks and the newly formed Examination
and Evaluation Unit was amalgamated to form the present Department of Curriculum
and Evaluation.
140. The scheme to improve the examination system was prepared by Dr.
Benjamin S. Bloom, Head of the Board of Examiners, University of Chicago, appointed
by the Union Ministry of Education. 1 The Indian Year Book of Education 22 (1961).
141. Ibid.
142. Information by the courtesy of the Department of Audio-Visual Education,
New Delhi.

406 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 1 5 : 3
the central government. The evaluation unit of the centre has also
formulated certain test materials for internal and external assessment for the
benefit of the states. And some states have adopted certain tests143 formula
ted by the centre.144
In the states, many boards of secondary education have canied out
the programme relating to examination reforms in collaboration with the
Department of Curriculum and Evaluation. The department's function
is to provide training, extension, guidance, research and dissemination
of information in the field of examination reforms. The states have imple
mented some of the schemes prepared by the centre relating to examination
reforms. The centre and the states have considered the problems involved
in examination reforms in conferences.145
The state evaluation units and boards of secondary education in
various states work towards certain common goals of examination reform
due to the centre's initiative. In the states of Andhra Pradesh, Assam,
Gujarat, Kerala, Madras, M.P., Maharashtra, Mysore and Rajasthan
a movement of examination reforms is on and in this movement the centre's
contribution is of great significance.146
The central activities in this area of education also include several
programmes for improving the pay scales of the teachers, strengthening
of science teaching,147 extension services in the training colleges;148
143. The centre has suggested the following test material tc be used by the slates :-
(a) For internal assessment :
(/) incorporation of the test material by teachers in the home examination
(ii) using the material as illustration to prepare further (est material;
(Hi) improving classroom teaching by utilizing the kind of situations as used
in the items for the development of desired abilities in pupils; and
(iv) giving practice to pupils in responding to the new pattern of test questions.
(b) For external assessment :
(i) acquainting the paper setters and examiners with ihe kind of questions
appropriate to test the two objectives;
(ii) improving the present pattern of questions and substituting questiens
more specifically based on objectives; and
(///) judging the suitability of the prescribed syllabi.
144. See Proceedings of the Fourth Conference of Secretaries of State Boards of
Secondary Education 1 (1961).
145. A conference of the officers of the evaluation units cf the states and the
centre was organized in 1964 to develop a systematic programme cf aelicn to rcfcim
examination system. See Report of the Sixth Conference of Chairman cud Secretaries
of the Boards of Secondary Education 88.
146. See Agenda of Eighth Conference of the Chairman and Secretaries of the
Boards of Secondary Education, item 5 (1967) (mimeographed).
147. Sse Annual Report of Directorate of Extension Programmes for Secondary
Education 53-54 (1959-60).
148. The objective behind extension services has been to provide the training
to teachers and opportunity to come into intimate and realistic contact with schools in the
neighbourhood and thus prepare them to discharge their training function more efficiently
by competent service which may help them to improve their teaching in all directions.
The centre through Extension Services Department in the Directorate of Extension

1973] EDUCATION : THE CENTRE-STATE REIATICNZH1P <07
national awards for teachers;149 national discipline scheme;150 extensive

programme relating to labour and social services schemes which include
holiday camps,151 youth festivals,152 students' tours153 and youth hostels.154
The central government meets the major expenditure on these activities.
Women's education
The policies of the centre with regard to women's education have been
encouraging. In this field, the centre had appointed a national committee
to suggest special measures necessary for expansion. The committee
recommended that the education of girls should be treated as a special
problem for some years to come and a special machinery be set up to imple
ment the programmes of the centre as well as the states. It has also suggested
that the national and state advisory committees should be established to
advise the central and state governments on the development of the education
of girls.155
Following the recommendations of the national committee, a National
Council for Education of Women has been created by the centre and similar
Programmes for Secondary Education during the Second Plan was able to establish 54
extenstion services centres attached to selected training colleges in the various states.
These centres arrange courses, workshops, seminars and group discussions educational
weeks, exhibitions, audio-visual aid services and publications. See Extension Services
in Training Colleges—A New Venture, an address delivered by K.G. Saiyadain in Srinagar,
VII Secondary Education 413 (1957); see also Second Seminar on Extension in Training
Colleges, Srinagar (June-July) 1955.
149. The centre started this scheme in 1958 59 under which teachers are
selected from all parts of the country every year for national awards. The objective of
this scheme is to raise the prestige of teachers and to give public recognition to the
meritorious services of outstanding teachers working in primary and higher secondary
schools. Each award carries with it a certificate of merit and cash payment of rupees
fiv^ hundred. See National Award For Teachers, Secondary Education 11 (1964).
150. The aims of this scheme are to develop character, physique and personality,
elementary principles of administration and organisation and inculcating cultural sensibility.
Under this central scheme instructions are being imparted in schools of Jammu and Kashmir,
Punjab, Rajasthan, West Bengal. Himachal Pradesh, U.P., MP., Bihar, Gujarat,
Maharashtra, etc.
Sse Annual Report of Directorate of Extension Programmes for Secondary Education,
53-54 (1959-60).
151. These camps are organized by universities, state government's Bhcrat Scouts
and Guides, Bharat Sevak Samaj and other voluntary organisations. The central govern
ment meets the entire expenditure on these camp?. See Educational Activities of
the Government of India 132. (Ministry of Education 1963).
152. Six inter-universities festivals and a large number of inter-collegiate youth
festivals have been organized until 1963. Ibid.
153. The programme has been popular and up to 1960-61, 1,390 institutions
received grants, benefiting 401, 122 students. Id. at 133.
154. Grants are given to the Youth Hostel Association of India and to state
governments towards the cost of constructing new hostels subject to a max;mum of rupees
forty thousand per hostel. Id. at 133.
155. Report of the National Committee on Women's Education 167 (1959).

408 JOURNAL OF THE INDIAN LAW INSTITUTE (Vol. 15:3
bodies have also been set up in the states. The national council is dis
charging the function of advising the centre on all aspects of women's
education.156 Further, measures are also suggested by it for the evalua
tion of work done in the states, collection of data, sample survey,
conducting seminars and research projects necessary to provide guidelines
and directions to the states.157
During the First Plan the number of school-going girls was increased
in the states due to centre-states cooperation. But the Planning Commission
remarked that considering the size of the population, the overall provision
for educational facilities was very inadequate.158 There were grave dis
parities between different states with regard to the educational facilities
and also between urban and rural areas in the matter of women's education.159
In 1957-58 a centrally sponsored scheme was introduced to accelerate the
enrolment of girls in primary schools so as to increase the number of women
teachers particularly in rural areas.160
During the Third Plan emphasis was also placed on the improvement
and expansion of women's education both by the centre and the states.
The plan was aimed at overcoming the special difficulties coming in the way
of the education of girls and removing the various disabilities from which
they suffer. The special programme included measures such as the appoint
ment of school mothers, grants of scholarships and stipends, special prizes
to girls, educating public opinion and parents regarding the importance of
girls' education at the elementary stage, free education to certain categories
of girls, provision of separate secondary schools for girls, hostels for all
girls' school, free or subsidised transport, and preparation and appoint
ment of women teachers in increasing number at middle and secondary
stages, construction of quarters and village allowance for women teachers.161
This was a special programme for expanding and improving the education
of girls with a provision of Rs. 120 million in the Third Plan for the imple
mentation by the states with hundred per cent central assistance.162
In almost all the states, there is growing awareness in the field of
women's education. Although this change is visible, still there are areas
in the country which have not shown much progress in women's education.
The advanced states in the field of women's education are Jammu and
Kashmir, M.P., Orissa, Rajasthan, U.P., Assam, Madras and Mysore.
The National Council continues to be a very useful organ of the centre in
focusing the attention of the public and the government on the important
problems of girls' education and in advising the central and state governments.
The state councils, in the formulation of plans and priorities and ways and
156. Annual Report of the National Council For Women's Education 1 (1965).
157. Ibid.
158. Lakshmi Mishra, Education of Women in India 137-38 (1966).
159. Ibid.
160. Id. at 157.
161. Education: 1 Eighteen Years ofFreedom 26 (Ministry of Education 1965).
162. Ibid.

1973] EDUCATION : THE CENTRE-STATE RELATIONSHIP 40$
means of promoting girls' education have received immense help from the
national council.163 The council suggested that the state councils should
adopt a specific programme of action every year in order to see that the
maximum number of girls are brought to school particularly from the rural
areas. It has, however, not been possible for most of the state councils
to take up the minimum programme for implementation in their states
due to various difficulties.164
The education ministers of the states in a conference decided that
special programmes for girls' education should be taken up as centrally
sponsored schemes on the basis of hundred per cent grant outside the plan
ceilings.165
In the field of girls' education, sustained efforts have been made
from the First Plan to the Fourth Plan. Girls student, as a percentage of
their population in the relevant age group, increased from 25 in 1950-51
to 59 in 1968-69 in classes I-V, 5 to 20 in classes VI-VIII and 2 to 10 in
classes IX-XI.166
Teacher education
Teacher education is also in the mainstream of centre-state relation
ship. In this regard the commission was of the opinion that there were
considerable variations in regard to the teacher-training programmes in
different states and also that the number of institutions for teachers'
training was very inadequate compared to the existing needs.167 The
commission examined the importance of training of teachers, types of
teacher training institutions, need for better equipped teaching personnel,
practical training, training in co-curricular activities, liaison between
training institutions and research in education, recruitment to training
colleges, residential training colleges, post-graduate course in education
and staff of training colleges, etc., in the states.
The commission after examining these areas in the field of secondary
education recommended that a reasonably uniform procedure should be
devised for the selection and appointment of teachers for all types of
education. There should be only two types of institutions for teachers'
training, viz., (/) for those who have taken the school leaving certificate
or higher secondary school leaving certificate, it suggested that the
period of training should be two years; and (ii) for graduates. For this
it suggested that for the time being the training may be only for a year
but after sometime it should be of two academic years. Training
institutions should be recognized by and affiliated to the universities. The
teachers should receive training in one or more of the various extra-curricular
163. Sixth A nnual Report of the National Council For Women's Education 2 (1966).
164. Third Annual Report of the National Councilfor Women's Education 9 (1963).
165. See the Recommendations of State Education Ministers' Conference 14 (1963).
166. Draft Outline of Fourth Five Year Plan, 1969-74, p. 282.
167. See Report of the Secondary Education 154, 165, (1952-53).

activities. No fees should be charged in training colleges, while during
the period of training all the student-teachers who are already in service
should be given the same salary which they were getting.168
These recommendations by all means require cooperation and a close
relationship between the centre and the states for the purposes of implemen
tation. The Ministry of Education at the centre and the state governments
have been implementing the recommendations of the Secondary Education
Commission, but not much progress has been achieved so far in implement
ing the recommendations. All India Council of Secondary Education
and the Directorate of Extension Programmes for Secondary Education
have done a lot of work in the field of in-service education of teachers.
The function of the Indian Council for Secondary Education has been the
implementation of a number of educational schemes directed towards
the improvement of secondary education, drawn up in collaboration
with the state governments. The other function of the council is to review
the progress of the secondary education in the states and to serve as an expert
body to advise the centre and state governments about expansion and
development in the field of secondary education. The council also
encouraged research in problems relating to secondary education in all
aspects.169
The council has also recommended to the states several projects and
schemes relating to the improvement of teachers' education. These schemes
include preparation of teachers for the practical courses, helping state
governments to secure well-qualified teachers for teaching of such new
subjects as general science and encouraging educational institutions and
teachers to try out experiments on new lines in their respective fields and
selecting a certain number of centres and converting them into experimental
centres with a view to developing initiative and responsibility in the
teachers.170
In the field of teachers' education, a Department of Teachers Education
at the National Institute of Education is working and its objectives are to
examine, evaluate, and co-ordinate the programmes of teacher education
conducted by the state departments of education and the universities. This
is an attempt to improve teachers education at elementary and secondary
levels. In 1964, a number of state institutes of education have been establish
ed in all the states with the assistance of the central government.171 The
objectives and functions of these institutes are to provide various training
courses for the supervisors of schools or teacher educators, organise
conferences and seminars for senior state education officers, conduct and
supervise extension services to training institutions for elementary teachers
168. Id. at 174-176.

169. Proceedings of the First Meeting of the All India Council for Secondary
Education 61-62 (1955).
170. Proceedings of the Fourth Meeting of the All India Council for Secondary
Education 37 (1956).
171. Education in Eighteenth Years of Freedom 25 (Ministry of Education 1965).

and to improve the programme of teachers education in the states and to
assist the state education departments in preparation and implementation
of education plans.
The four regional colleges started by the centre are also doing a great
deal of service in this field. These colleges are designed to represent a new
enterprise in teachers education to train competent teachers and teacher
educators in certain critical areas like science, technology, industrial crafts,
commerce and agriculture.
The Education Commission attached great importance to teachers
education. The commission in its report stated that a sound programme
of professional education of teachers is essential for the qualitative improve
ment of education. The improvement in teachers education can be achieved
by first-rate training institutions and can, thus, play a crucial role in the
development of education.172 Teacher education has not been given proper
attention in the post-independence era. The University Education Commi
ssion, the Secondary Education Commission and the International
Team on Teachers and Curricula in Secondary Schools (1954) and several
seminars, conferences, and study groups discussed the problems of teachers
education at elementary and secondary levels. However, their recommenda
tions have not yet been implemented fully.173 After examining all the
important aspects of teachers education, the commission recommended that
the professional preparation of teachers, being crucial for the qualitative
improvement of education, should be treated as a key area in educational
development and adequate financial provision should be made for it, both
at the state and national levels.174 Another important recommendation
is that, with a view to making the professional preparation of teachers
effective, teacher education must be brought in to the mainstream of the
academic life of the universities on the one hand and of school life and
educational developments on the other.175 The implementation of these
valuable recommendations does not depend on one set of government
but on real cooperation between the centre and states. The centre also
runs a few educational institutions176 which provide assistance and training
to personnel of secondary education of the various states. These institutions
have direct bearing on the relationship between the central and state
governments. The National Council of Educational Research and
Training administers four regional training colleges (established at Ajmer,
Bhubneshwar, Bhopal and Mysore) for the promotion of research, training
and extension in general and the development of multipurpose secondary
education in particular.177 The Ministry of Education established the
172. Report of the Education Commission 67 (1964-66).
173. Id. at 67.
174. Ibid.
175. Id. at 622.
176. Some of the Institutions are: (1) The National Council of Education
Research and Training, New Delhi, (2) The Central Institutes of English, Hyderabad,
(3) The Lakshmibai College of Physical Education, Gwalior.
177. Educational Activities of the Government of India (Ministry of Education)
141 (1963).

412 JO URNAL OF THE INDIAN LA W INSTITUTE [Vol. 1 5 : 3
Central Institute of Education in 1948 at Delhi to promote educational
research and training and now it is an important limb of the N.C.E.R.T.
Another important programme launched in the field of secondary
education which has benefited the states, is in relation to the improvement
in the standard of English language teaching. In this regard, the Government
of India established the Central Institute of English178 at Hyderabad
in 1958 in cooperation with the Ford Foundation and the British Council.
The institute discharges the functions of training and research. The courses
of study so far organised include elementary linguistics and the structure
of English phonetics, methodology of language training with special reference
to English and interpretation of literature.179 A number of universities
and the departments of education in Assam, Gujarat, M.P., Maharashtra,
Jammu and Kashmir and West Bengal have revised their curriculum for
English and reformulated their courses of studies on the basis of the suggestion
made by the institute. The institute also confers a post-graduate diploma
in the teaching of English which is recognised by some universities.180
Physical education has also been within the purview of the centre
in the post-independence era. It now forms an integral part of the sylla
buses of primary and secondary education in the states.181 In this regard
the centre contributed a lot by establishing a national institution, "the
Lakshmibai College of Physical Education", at Gwalior which provides a
three-year degree course in physical education and facilities for post-graduate
training and research as well. The Ministry of Education has also prepared
a national plan for physical education and national physical efficiency drive
for all parts of India.182 The other central programmes for states include
scholarship for specialisation in indigenous physical education and activities,
grants-in-aid to vyayam-shalas and akharas, for purchase of equipment
and library books, assistance to the promotion of yogic research and prepara
tion of model syllabuses for physical education programmes for boys and
girls from the primary to the higher secondary stage.183
Financial relationship
The centre gives financial assistance to the states for financing of
secondary education for schemes included in the state plans. As pointed
out above, now the centre gives block grants instead of giving its assistance
to the specific heads and schemes. Apart from the state plans, previously
there were also central and centrally sponsored schemes for which financial
assistance was available. The latter were given up during the Fourth Plan.
The central schemes included those falling in such areas as training of teachers,
178. The institute has so far trained 1,182 teachers of English frcm universities,
colleges, higher secondary schools, etc., of whom about 3C0 have been trained as key
personnel who are expected to train other teachers of English.
180. Annual Report of the Ministry of Education 15 (1966-67).
181. The Indian Year Book of Education 259 (N.C.R.E.T., 1961).
182. Id. at 261.

vocational education, development of selected schools, correspondence
courses, educational research and training and physical education, text
book printing, etc. Many of these schemes still continue.
Conclusion
Though education is primarily a state subject, yet the centre has been
playing a significant role in the development of education. The centre has
established a number of institutions of higher learning. It finances state
plans on education, implements central schemes, gives grant-in-aid on
specified schemes, coordinates state educational efforts, provides leadership,
conducts research in various matters pertaining to education, and acts
as a clearing house. To facilitate cooperation between the centre and the
states, the centre organizes conferences and seminars. It has established a
number of important organisations, e.g., U.G.C, N.C.E.R.T., the Central
Advisory Board of Education, the All India Council of Secondary Education,
the All India Council of Primary Education on which selected persons from
the centre and the states represent. The implementation of educational
schemes and policies is, however, with the states. The result is that there
are diversities on various matters (e.g., grades of teachers, textbooks and
facilities in the matter of education) and quite often the centre policies,
directives and recommendations, are not implemented (e.g. in the matter
of three-language formula, grades of teachers, opening of engineering
colleges and medical institutions to all citizens irrespective of domicile).
Even the recommendations of the education ministers' conference are not
implemented. The centre's powers are only persuasive. For the implemen
tation of its recommendations, besides the persuasive powers, it depends
upon its financial powers. However, in recent years, control through the latter
power has weakened, particularly in the area of higher secondary and primary
education, owing to the centre giving up centrally sponsored schemes and
also giving up the policy of tying down the financial assistance to specific
schemes or heads of development under the state plans.
Because of the major lag in the development of education, particularly
in the area of primary education, and the failure on the part of the states
to implement national policies, it has been suggested in the past that
education should either be placed in the Union list or the Concurrent list.
This problem is so difficult, and on which such diverse views have been
expressed by the different education commissions and in high quarters, that
there is nothing more than stating that the controversy could be done away
without expressing any conclusive opinion of our own on the problem.
The University Education Commission was against assigning education
to the exclusive field of the centre, though it liked that the subject of education
be placed in the Concurrent list.
The Committee of Members of Parliament on Higher Education
appointed by the Informal Consultative Committee of Parliament on Educa
tion in 1964, has recommended that at least higher education should be
in the concurrent field. Dr. Triguna Sen, ex-education minister, has
expressed the opinion that primary education should be transferred from

414 JO URNAL OF THE INDIAN LA W INSTITUTE [Vol. 1 5 : 3
184
the state to the union field or at least in the concurrent field. Similarly,
the All-India Primary Teachers' Federation has recommended that primary
education should be made a central subject. A few of the members of the
Education Commission were also of the opinion that the whole education
should be included in the concurrent field.
On the other hand the Education Commission was in favour of main
taining the status quo. In the opinion of the commission :
We are not in favour of fragmenting education and putting
one part in the concurrent and the other in the State list—
education should, under any circumstances be treated as a whole.
We also do not agree with our colleagues and are of the view
that in a vast country like ours, the position given to education
in the Constitution is probably the best because it provides
for a Central leadership of a stimulating but non-coercive
character. The inclusion of education in the concurrent list
may lead to undesirable centralization and greater rigidity in
a situation where the greatest need is for elasticity and freedom
to experiment.185
A few other scholars have spoken in the same vein as the Education
Commission.186 States are opposed to any change in the existing scheme.
Dr. V.K.R.V. Rao, ex-education minister and an eminent educationist,
has not committed himself in support of one view or the other. He, however,
felt that it was far from easy to arrive at a consensus that would be accept
able to all. He was in favour of maintaining the status quo for some years
to come. He thought of adopting a pragmatic approach which would
be realistic and practical. He was of the opinion that within the existing
constitutional framework much could be done by the centre to formulate
and implement a national educational policy. Some of the suggestions
made by him with regard to the central role are : extending the central
scholarship programme to the secondary stage; removing imbalances in
education development within the states particularly in the area of primary
education; promoting intellectual contact between different regions by
bringing together teachers and students and encouraging the study of Indian
languages in the linguistic regions; playing the role cf stimulating, innovative,
consultative and promotional role in education development; reviving the
centrally sponsored sector so that there isfinancialconcurrency in education;
evolving a machinery which could reduce centre-state conflicts in the area
of education, i.e., by strengthening the Central Advisory Board of Education
and associating chief ministers of the states in the process of discussions on
education.187
184. See Hindu, March 24, 1968, p. 8. "
186. See M.P. Jain, Education in India. 2 / . of Uni. Ed. 181 (1964); Baljit S:T)£h,
An Approach to Union-State Financial Relations in India in the Context of Educaffcnal
Planning, included in the book on Educational Planning : Its ilegal cud Constitutional
Implications in India 29 (1967).
187. See V.K.R.V. Rao, Centre-State Relations in Education, paper presented
by him at the National Convention on Union-3tate Relations held at New Delhi in 1970.

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EDUCATION : THE CENTRE-STATE RELATIONSHIP

Rajendra Kumar Nayak*

[In a previous article the author discussed Education : Centre-

IN THE field of higher education although centre's responsibility is limited

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for every type of higher education whether literary, scientific, technical

The Government of India is convinced that a radical reconstruc­

On higher education the resolution says :

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Previously, there was lack of coordination between the centre and

Education ministers' conferences

The annual education ministers' conferences have made several

5. Proceedings of the Fourth State Education Ministers Conference (Ministry cf

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Fourthly, the seventh conference has recommended that a model

University Grants Commission

The centre implements its assigned task of coordination and main­

recommend to any University the measures necessary for the

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Boards of Technical Studies (ex-officio); Members of Parliament; representatives of states,

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has been made available to the institutions concerned for

13. Report of the U.G.C, 1969-70, p. 48-49.

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The role of the Inter-University Board of India

The Inter-University Board (hereinafter abbreviated as I.U.B.) is an

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The Inter-University Board is firmly of the opinion that the

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about changes which will radically alter the composition, the

22. See supra note 18 at 42.

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attention to this important activity.35 It is also expected from the I.U.B.

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Members of the Parliament on Higher Education.41 Professional education

41. Report of the Committee of Members of Parliament on Higher Education

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to increase considerably the total expenditure on higher education if massive

46. Report of the Committee of Members of Parliament on Education 25 (1967).

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and already mobilized resources of a state. These factors must be taken

Primary and higher secondary education

The subject of school education (both primary and higher secondary)

The State shall endeavour to provide, within a period of ten

compulsory education for all children until they complete the

The constitutional directive of providing free and compulsory primary

But in view of the immense difficulties involved such as lack of

51. Supra note 39 at 151.

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The central government has one complete division in the Ministry of

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in order to implement the policy of universal free and compulsory education

58a. Proceedings of the Central Advisory Board of Education 9-10(1956).

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66. 1 Indian Year Book of Education 15 (1965).

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government necessary steps to be taken for the promotion of women's

69. See generally, Report of the National Committee on Women's Education

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The Government of India is convinced that a radical reconstruc

The centre implements its assigned task of coordination and main