Kerala: With SC ruling on varsity VC, UGC may get edge over state laws

Ongoing lawsuits with regard to Kerala universities raise the question of autonomy of state universities across the country. The recent Supreme Court judgment that cancelled the appointment of the Vice-Chancellor of Kerala Technological University gives an extra edge to the University Grants Commission (UGC), feel experts. 

By this judgment, it has become a settled legal position that UGC regulations override the state laws by which the universities are governed. In effect, the authority enjoyed by the state universities is debilitated and the UGC is given a clear supremacy over them.

Instructions on seminar

The academic community is worried that this could have a corrosive impact on the academic freedom of universities. The latest circular issued by the UGC to the Vice-Chancellors of all universities in the country to conduct seminars on a particular theme —  ‘India, the mother of democracy’ — is a pointer towards this trend. The circular, issued on November 15, calls for the celebration of the Constitution Day on November 26 with the said theme. 

The letter further stated: “The Indian democracy marching ahead in its 75th year, on the strengths of inclusiveness and diversity, is not only the world’s largest democracy but also the mother of democracy. There are ample pieces of evidence, right from the Vedic period, that emphasise the democratic traditions of India. It has been, therefore, decided that this year’s Constitution Day may be celebrated by organising lectures on the theme ‘India: The Mother of Democracy’.”

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The UGC has instructed that a few more activities be conducted by universities for Constitution Day. Reading out the Preamble of the Constitution, reading out the text on Fundamental Duties, a lecture in every institution on the importance of Fundamental Duties and the pasting of Fundamental Duties on the notice boards are among those. Interestingly, the circular sent to the Vice-Chancellors of all universities and the principals of all institutions does not refer to the Fundamental Rights enshrined in the Constitution.

Autonomy threatened

“This decision that UGC regulations would override state laws is highly detrimental to the interests of the state,” J Prabhash, retired professor of political science and former Pro Vice-Chancellor of the University of Kerala, told The Federal. “UGC has no authority to intervene in the academic freedom of a university. It is an irony that the universities are not given the democratic freedom even to decide the topic of a seminar, whether to conduct a seminar or not.”

“The UGC Act does not provide any authority to the UGC to instruct the universities to conduct seminars on any particular topic,” PDT Achary, former Secretary General, told The Federal.  “Their duty is to coordinate the administration of the universities and to regulate and promote the standards of the universities. Conducting a seminar and deciding the topic of the same are part of academic freedom and the UGC has nothing to do with it. 

“There is no provision in the law for the UGC to issue such directions to universities to conduct seminars/lectures on a particular theme,” Achary observed. 

Prime Minister Narendra Modi, during his address to the nation on August 15, 2022, commemorating the 75th independence day, called India the mother of democracy. “India has proved that it has a precious ability and faced many challenges during its journey of 75 years,” he said.

“Even this topic is a contested one,” said Prabhash. “It is a perspective rather than a fact; imposing such topics on universities is an infringement of academic freedom.” 

UGC micro-management

UGC micro-managing the universities up to the level of infringing on academic freedom has been a point of debate for over a decade. Its instructions to observe Yoga Day, the birth anniversary of Sardar Vallabhai Patel and that of Swami Vivekananda are a few such other instances. It also keeps sending circulars to universities asking them to publicise government programmes such as Mann ki Baat, Swachh Bharat Abhiyaan and Pradhan Mantri Kausal Vikas Yojana.

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The latest decision of the apex court giving overriding powers to UGC would only strengthen its micromanagement, according to academic experts. The widely shared concern is that UGC tightening its grip on state universities would only result in imposing the political agenda of the ruling party at the Centre.