Never in the recent past was the threat to federalism as serious as it is now under the NDA regime. There is clear and blatant discrimination against some States even in the legitimate functions assigned to them in the Constitution. By systematically usurping the rights of the States and taking unilateral and arbitrary decisions, the Centre has been striking at the roots of federalism that is the bedrock of the Constitution. The latest instance has been provided by the controversial draft University Grants Commission (UGC) regulations, seeking to centralise the process of appointment of vice-chancellors. Expectedly, the new set of draft norms has raised the hackles of the non-BJP States which have termed them as an attack on the ‘Constitution and the spirit of federalism’. They have collectively asked the Centre to withdraw the regulations forthwith. The draft UGC (Minimum Qualifications for Appointment & Promotion of Teachers and Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2025, was released by Union Minister for Education Dharmendra Pradhan on January 6. Essentially, they seek to amend the provisions relating to the selection and appointment of Vice-Chancellors by widening the area of selection. Under the existing regulations, a vice chancellor can be selected only from among academicians who have a minimum experience of 10 years as a professor. Through this amendment, the UGC declares that professionals with 10-plus years of experience in industry, public administration or public policy, shall also be considered. This has evoked objections from the States.
It is feared that the inclusion of professionals from public administration and industry without clear academic experience may dilute educational standards. Increased central involvement violates the federal structure. Greater control by Governors, often seen as Central appointees, could lead to politically influenced appointments. The proposed changes will lead to centralising the university administration and diminish State governments’ role in higher education. Another controversial provision is the mandatory inclusion of a UGC nominee in the Search-cum-Selection Committee for State universities. This is seen as an infringement on the rights of the States. The draft regulations introduce uniform criteria for selection across central, State, and private universities. The new selection process for Vice-Chancellors gives Chancellors more powers. Chancellors of most State universities are usually the State Governors, who are appointed by the Union government. State governments, including Tamil Nadu, Kerala and West Bengal, were engaged in bitter confrontations with Governors in the recent past over the issue of Vice-Chancellor appointments. What is surprising is that the Centre has not consulted the States before releasing the draft regulations, despite their far-reaching impact. There is an urgent need to bring back education to the State List of the Constitution. It was moved to the Concurrent List in 1976. In the last few years, there has been a growing tendency to over-centralisation of powers.