Transfer of registered society
Querist :
Anonymous
(Querist) 25 June 2022
This query is : Resolved
Please guide how a registered society with branches all over India can be divided to different units.
Can Primary schools upto class 5 which are recognised/aided/unaided by respective state education depts and other recognised vocational schools also be transfered to different society?
kavksatyanarayana
(Expert) 25 June 2022
If that society's aims and objects are one and the same, then can transfer through court permission.
Dr J C Vashista
(Expert) 26 June 2022
Education is a matter placed in Entry 25 of List III of Schedule 7 of the Constitution of India, meaning thereby the state legislature also has legislative competence over the field, and by extension, the executive of that state. By unilaterally assimilating to the central government the power to conduct entrance examinations like NEET, the basic feature of the Constitution, particularly the federal structure is violated.
The second Bill introduced by me on 4.2.2022 is one seeking an amendment to the Seventh Schedule of the Constitution, by deleting entry 25 in the Concurrent List, and creating parallel powers by adding Education, including technical education, medical education and universities etc, to both the Union List and the State List.
Education was a field which the framers of our Constitution felt should be in the sole domain of state legislatures. Therefore, when the Constitution was drafted and adopted, education was placed as Entry 11 of the State List. However, the Constitutional (Forty-second) Amendment Act, 1976 passed during the Emergency, removed Education from the State List and placed it as Entry 25 in the Concurrent List. This was on the basis of the report by the Sardar Swaran Singh Committee which recommended various amendments and distribution of powers from the State List to the Concurrent List.
But the need for the Union to be able to regulate admissions to institutions and universities established by it and funded by it cannot be denied. In fact, the Union has established several reputed medical institutions like All India Institute of Medical Sciences and other such institutions. Similarly, the Union must also be able to establish and run schools like Kendriya Vidyalaya.
However, placing education in the Concurrent List, which cedes primacy in the sphere to Parliament, has gravely circumscribed the ability of states to regulate admissions to institutions and universities established by the state, at its own cost. The example of the National Eligibility cum Entrance Test applying to all states, removing their autonomy to regulate medical education, is a glaring example of this. Many states have been heavily investing in medical and technical education since independence. The results are there for all to see. Several states have achieved high rates of literacy through dedicated investment in education infrastructure. However, suddenly, through the introduction of NEET, without the concurrence of states, the states’ powers to regulate admission to institutions established by them are taken away totally.
The policies of the Union and states on education often differ, and lead to a direct conflict with state laws. The state’s Policy on reservation also has a direct conflict with Union’s reservation in seats in institutes and universities under the state, which ultimately have an impact on literacy rate.
The Union can also be allowed to establish and administer and fund Education. However, unless the states have absolute autonomy to have their policy on Education, the object of growth and strengthening of language which is the identity of the state would only be a myth and mirage.
Dr J C Vashista
(Expert) 26 June 2022
Excerpts from speech of DMK Member of Parliament (Rajya Sabha), Mr. P Wilson.
Querist :
Anonymous
(Querist) 27 June 2022
More advice required please
P. Venu
(Expert) 28 June 2022
The facts posted are insufficient to post any suggestion.
Querist :
Anonymous
(Querist) 30 June 2022
What details need to provide?
