The Madras High Court on Tuesday ordered notice to the Union government and the State government on a plea challenging Section 57 of the Constitution (42nd Amendment) Act, 1976, to the extent that it deleted education, including technical education, medical education and universities from the State list to the Concurrent list as part of Entry 25 as being violative of the federal structure.
Madras High Court. File photo
The first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesvalu before whom the plea came up impleaded the State on observing that the plea pertains to constitutional amendment of some vintage. “The petitioner says that the deletion of education from the second list and inclusion in the third list in the relevant schedule of the Constitution was against the basic structure of federalism,” the bench said while ordering both the Union and State to file their counter affidavits within eight weeks.