By which Constitutional Amendment was education transferred to the Concurrent List?
- (a)42nd
- (b)24th
- (c)44th
- (d)61st
Answer
Why
Correct — A. The 42nd Amendment Act, 1976 moved education from the State List to the Concurrent List.
Its section 57 substituted Entry 25 of List III, covering education, technical and medical education and universities, with effect from 3 January 1977.
Since then Parliament and the state legislatures can both make laws on education: option (a).
Why the others are wrong
- (b)24th — The 24th Amendment (1971) is about amending power. It made explicit in Article 368 that Parliament can amend any provision, and made the President's assent to amendment bills obligatory.
- (c)44th — The 44th Amendment (1978) undid several Emergency-era changes and removed the right to property from Part III, but education stayed in the Concurrent List.
- (d)61st — The 61st Amendment (1988) lowered the voting age for Lok Sabha and Assembly elections from 21 to 18, by amending Article 326.
Concept
The Seventh Schedule divides law-making power into three lists. On a Concurrent List subject both Parliament and the state legislatures can legislate, and where their laws conflict the Union law generally prevails.
The 42nd Amendment moved five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice.
Do not confuse the list with the right. Article 21A, which makes education for children aged six to fourteen a Fundamental Right, came later, with the 86th Amendment (2002).
Key facts
- 42nd Amendment Act, 1976: education moved to the Concurrent List (Entry 25, List III), effective 3 January 1977.
- The 42nd Amendment moved five subjects to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, administration of justice.
- 61st Amendment Act, 1988: voting age lowered from 21 to 18 under Article 326.
- 24th Amendment Act, 1971: Parliament's power to amend any provision made explicit in Article 368.
Study next
Common traps
- Crediting the 44th Amendment because it rewrote much of the 42nd: it left education in the Concurrent List.
- Mixing up the list change with the Right to Education, which is Article 21A.
Here the amendment is asked from the change it made. The reverse, which list education sits in after the 42nd, is asked at 12 Sep 2025, 09:00, GA Q.22, and Part IVA's insertion by the 42nd at 18 Sep 2024, 09:00, GA Q.16.
Related PYQs
No directly related past PYQ was found.