DRAFT UGC REGULATIONS
Overview of the Issue
- The University Grants Commission (UGC) recently proposed an amendment to its Regulation 2010 that deals with the selection and appointment of vice-chancellors (VCs) in universities.
- The key change in this proposal is to allow professionals from fields outside academia—such as industry, public administration, and public policy—to be considered for the role of vice-chancellor, provided they have at least 10 years of experience.
- This draft regulation has faced strong opposition, especially from non-BJP-led state governments, who argue that it violates the federal structure of India and interferes with state powers over university administration.
- This issue raises important legal and constitutional questions about the powers of the central and state governments in managing universities.
DETAILS
- Under the UGC Regulation 2010, vice-chancellors are selected from academics who have at least 10 years of experience as a professor.
- The proposed amendment changes this by allowing professionals from outside academia to be eligible for the VC position. These include:
- Professionals from industry.
- Experts in public administration.
- Professionals in public policy.
- These professionals would also need to have 10 years of experience in their respective fields to qualify.
- This broadens the pool of candidates for the position of VC, which has traditionally been limited to academic professionals.
OBJECTIONS FROM THE STATE GOVERNMENTS
Several state governments, particularly those led by parties other than the Central Ruling Party, have raised strong objections to the proposed regulation. Their main concerns are:
- Violation of Federalism: These state governments argue that the UGC’s regulation interferes with the autonomy of state-run universities.
- Since state legislatures have the authority to govern their own universities, they believe the central government should not impose regulations on matters like the selection of vice-chancellors.
- State Autonomy: Critics argue that state governments, not the central UGC, should have the right to determine the qualifications and selection process for vice-chancellors.
- The regulation, they say, oversteps the powers of the states and violates the principles of federalism set out in the Indian Constitution.
In response, these states have called for the withdrawal of the draft regulation.
UGC ACT, 1956: PURPOSE & POWERS
- The UGC Act, 1956 was created by Parliament to promote and coordinate university education in India and ensure academic standards. The main responsibilities of the UGC under the Act are:
- Coordinating and promoting university education across India.
- Setting academic standards for teaching, research, and examinations in universities.
- Allocating funds to universities for their development.
- The Act grants the UGC the authority to create regulations, especially related to:
- Faculty qualifications.
- Standards for teaching and research.
- However, the UGC Act does not mention anything about the selection or appointment of vice-chancellors.
- This raises questions about whether the UGC has the authority to regulate vice-chancellor appointments.
LIMITS OF UGC POWERS
- The most important issue is whether the UGC has the legal authority to regulate the selection and appointment of vice-chancellors, as this is not addressed in the UGC Act.
- The Act mainly deals with academic standards, not university administration.
- The UGC Act empowers the UGC to set standards for teaching, research, and examinations, but it does not give the UGC the power to interfere with the way universities are run or how their leadership is selected.
- The selection of vice-chancellors has traditionally been decided by state laws or university statutes, which are established by state legislatures or university governing bodies.
- Therefore, the UGC’s attempt to regulate vice-chancellor appointments may be considered beyond its legal powers (ultra vires), as it falls outside the scope of the UGC Act.
LEGAL PRECEDENTS & COURT RULINGS
There are important court rulings that have dealt with similar issues:
- Suresh Patil Khede v. Chancellor of Universities of Maharashtra (2011):
- The Bombay High Court ruled that the qualifications and appointment methods for vice-chancellors do not directly affect academic standards.
- Therefore, the court held that the UGC’s regulations cannot interfere with state laws that govern vice-chancellor appointments.
- The court made it clear that UGC regulations cannot override state laws when it comes to the selection of vice-chancellors.
- Kalyani Mathivanan v. K.V. Jeyaraj (2015):
- The Supreme Court upheld the idea that UGC regulations are binding on universities that receive UGC funding.
- However, the court also clarified that these regulations are advisory for state-run universities and cannot override state laws.
- The court’s ruling allows state universities to follow their own laws and decide their own selection processes for vice-chancellors, even though they can consider UGC guidelines.
CONSTITUTIONAL FRAMEWORK & FEDERALISM
- India’s Constitution establishes a federal structure, which means that certain powers are divided between the Union (central) and State governments.
- Education is a concurrent subject, meaning both the Union and States can make laws in this area.
- However, the Union’s power to make laws in a concurrent subject does not automatically mean it can override state laws unless explicitly stated.
- Article 254 of the Constitution deals with conflicts between central and state laws. If a state law conflicts with a central law, the state law is void to the extent of the conflict, unless it has been approved by the President.
- However, this does not apply to subordinate legislation like UGC regulations.
- Since UGC regulations are subordinate (meaning they are not laws passed by Parliament), they cannot override state laws unless specifically allowed by Parliament.
CAN UGC REGULATIONS VIOLATE STATE LAWS?
A key legal question in this case is whether UGC regulations can override state laws that govern the selection of vice-chancellors.
- The Suresh Patil Khede case (2011) made it clear that UGC regulations are not superior to state laws. The regulations can’t change how vice-chancellors are selected by state universities, as those laws are separate from UGC guidelines.
- In the Kalyani Mathivanan case (2015), the Supreme Court ruled that UGC regulations are binding on universities, but only for central universities.
- For state universities, these regulations are only advisory, meaning states can follow them, but they are not obligated to.
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