Under Schedule VII of the Constitution, the subject 'Education' lies under the Concurrent List.
The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and the State government.
The Constitution provides for a three-fold distribution of legislative subjects between the Union and the states, i.e, List-I (the Union List), List-II (the State List) and List-III (the Concurrent List), described in this schedule:
​Union List: This List contains matters of national importance and the matters which require uniformity of legislation nationwide. This list has at present 100 subjects like defence, naturalization & citizenship, banking, foreign affairs, atomic energy, communication, census, etc.
State List: This List contains matters of regional and local importance which require state-specific solution and the matters which permit diversity of interest. It presently contains 61 subjects like public order, police, public health and sanitation, agriculture, local government, gambling, etc.
Concurrent List: This List contains matters on which uniformity of legislation throughout the country is desirable but is not essential. This List at present has 52 subjects like criminal law and procedure, education, civil procedure, marriage and divorce, population control and family planning, electricity, economic and social planning, etc.
The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organization of all courts except the Supreme Court and the high courts.