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The NEET bill passed by the state assembly of Tamil Nadu to exempt from National Eligibility cum Entrance Test need to get the nod from President of India, Pranab Mukherjee. According to sources, President might not give a nod for these bills, which were passed by the state assembly.
Union government on August 4, 2016, amended the Indian Medical Council Act, 1953. As per the amended act, NEET is mandatory for undergraduate and postgraduate medical courses. Through this act, the power to legislate the admission to medical colleges also falls within the legislative field of the union government.
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However, as per the entry 25 of Concurrent List, the state assembly has the power to legislate on education without prejudice to the Union list (entry 66). On the other hand, the recently passed NEET bills by the state assembly of Tamil Nadu encroached into the exclusive legislative fields of the central government. The process prescribed for the admission to the medical course is an integral part of setting standards in medical education. Therefore, the matter lies with the exclusive legislative field of central government.
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Similarly, the President under Article 242(2) can give his assent to the bills only if two bills fall within the legislative field in the concurrent list. The President can uphold the acceptance of bill on the presumption that the mentioned encroachment of these two bills is only incidental or unintentional.
From the above explanation, it is quite evident that the two acts, which were passed by the state government of Tamil Nadu, will not get acceptance from President according to Article 242(2). Therefore, the state government can concentrate on improving the school education and prepare students for the NEET examination effectively.
