'42nd amendment to Constitution is poisonous, must be uprooted': NR Elango to Madras HC

CHENNAI:  The State governments are spending more than the Centre for the subject of education, hence the former is better equipped to manage education, argued senior counsel NR Elango before a full bench of Madras HC.

The bench was hearing a petition that challenged Section 57 of the Constitution (42nd Amendment) Act, 1976 that transferred the subject of education from Entry 11 of List II (State List) to Entry 25 (Concurrent List). The plea was filed by DMK MLA Dr Ezhilan Naganathan representing a trust, Aram Seyya Virumbu. 

Elango said, “The 42nd amendment made to the Constitution in 1976 violates the basic structure and federalism. The amendment is a poisonous tree; the legislations enacted by the Centre since then are its fruits; we want to uproot the poisonous tree,” He added that the Centre ‘impinged’ into the State’s autonomy through it.

Quoting a debate on the subject at the Constituent Assembly, the senior counsel stated though different views were expressed, it was decided to have education on the State List. In 2005-2019, the States accounted for 83% of total spending for education and it was 92%in 2019-20. He said the ‘State is the only entity to deal with Education.’ The arguments were made before Justices R Mahadevan, M Sundar and Senthilkumar Ramamoorthy. 

Senior counsel NL Rajah, appearing for the impleading petitioner, submitted that the 42nd Amendment Bill was ratified by 20 States. So, if TN was heard, the HC will have to grant a hearing to other States, he said. Elango responded the Madras HC did not have the jurisdiction to issue notices to other States.