HECI BILL

Presented by

Dr.A.Joseph Durai
Principal,
Patrician College of Arts and Science
 PERSPECTIVES OF HIGHER EDUCATION
First is to look as a transaction between teachers and students. Teachers are
the one who impart education and students receive from teachers some
training and inputs.
From this perspective success of Higher Education means students getting
placed in good jobs in the job market.
Secondly the universities can be ranked in numerical order across all nations
globally.
From this perspective placement cell assumes significance in higher
educational institutions.
Alternate perspective is to see higher education as an activity wherein HE is
considered as an activity in which students and teachers are engaged on
behalf of people. It implies HE is activity between students, teachers and
society.
As per Antonio Gramsci it is to produce Organic Intellectuals.
 PERSPECTIVES OF HIGHER EDUCATION
what is the relationship between Students, Teachers and Society?
This idea looks HE as essential not only for development of economy but HE is an area for
cradle of ideas which gives different view points for existence of freedom. To give an
analogy we can find that HE which started for the purpose of creating manpower to
administer during British Raj also was the reason to sow the seed for for the freedom
movement through writings in various journals and news papers and creation of ideology

From the above perspectives now the question that arises is how education expenses is to
be funded. The first perspective states the relation between student and TEACHER alone.
The second perspective brings out the relation between student and TEACHER in the
context of development of society

The first insist on privatisation since the student acquires and he has to pay for the skills
acquired.
The second talks about the benefit to the society and insists on public funding.
 II AUTONOMY

Freedom in research and train ing is fundamental principle in higher

education. Academic freedom leads to greater knowledge due to competition
between ideas.7 Autonomy in HE is about academic freedom.

We need to define and understand academic freedom. The Important

Argument for academic freedom is it enriches knowledge due to alternate
Ideas being evolved.
 II AUTONOMY

Academic freedom implies that wrongness are not allowed to be taught or

false theories should not be In the framework of what is being taught.

Academic freedom requires that HE Institutions should be a self regulating

space between faculty, students and governing boards.

This implies one’s politics should not only be kept out of class room but also
to express oneself freely outside class room.

Academic freedom and Institutional autonomy.

The question is whether Institutional Autonomy can go against national issues.

E.g. Reservation issue.
 III STATISTICS ON INDIAN UNIVERSITY SYSTEM

No of Universities and Colleges : 1947 20 and 500

2017 760 and 38498

No. Of students 2014/15 315 LAKH ( 82% UG, 11% PG)

Rest Research and other degrees.

This is in relative terms 5% of the population is graduates

Private colleges 78% and 60% located in rural areas.

College Density per LAKH population Bihar 7 to 60 In Telengana.

CONSTITUTION AND HISTORY ON ESTABLISHMENT OF UGC

Article 246 of constitution of India states that Parliament has powers to

make laws with respect to any of the matters enumerated in List I in the
Seventh Schedule

Legislature of any State also, have power to make laws with respect to
any of the matters enumerated in List III in the Seventh Schedule which
is a concurrent list.

Entry 66 of Article 246 states about establishment of coordination and

determination of standards in Higher Education Institution.
 CONSTITUTION AND HISTORY ON ESTABLISHMENT OF UGC

UGC as statutory body was set up under the UGC Act in 1956.

The quality in education could be established and sustained only through

funding higher education, UGC was vested with the power of funding and
regulating Universities and colleges.

Chapter 3 of UGC Act states that the main functions of UGC is quality
maintenance in Higher Education and specifically stated that should
maintain quality of education by looking into the financial needs of
universities and allocation and disbursements of funds accordingly

UGC became a grants commission by providing plan and non plan

expenditure to Higher Education Institution.
 CONSTITUTION AND HISTORY ON ESTABLISHMENT OF UGC

Indian Constitution realized the quality can be maintained only through meeting
financial needs and this realization was the driving force behind the
establishment of UGC.
UGC through its plan and non plan expenditure assists in financial requirement
of state universities and institution o Higher education, under different schemes
like UG assistance, PG assistance, construction of hall, funding of minority,
research and conferences and makes institutions comply to standards
UGC perform a dual function as a regulating and funding agency.
 HECI

UGC AND DISTRIBUTION OF FUNDS TO HEI

UGC has not followed any objective criteria in distribution of Funds even till 12th plan is a major
criticism against UGC.

UGC did not have the capacity to handle specialized institutions. Hence pure regulatory bodies like
AICTE, TEACHER EXUCATION regulatory bodies were started since 1990s

Deemed Universities In particular discipline more so public funded institutions were created. 2004
private Deemed Universities were started

Starting of General Universities which can run all institutions medical engineering were started.

A new route of starting universities through UGC ACT became a norm. This route of starting
universities through UGC became a norm.
 CONFLICT BETWEEN MHRD AND UGC

MHRD conducted a survey and said that deemed universities are unfit to be
given UNIVERSITY status.
This was the starting point of CONFLICT which led TO MHRD releasing
funds directly THROUGH RUSA and GRANTS function of UGC started to
dry out.
The political bosses thought fit to expand the RUSA scheme and bypass the
UGC. Hence systematically UGC started functioning as a regulatory body
alone.
A parallel can be drawn between planning commission and Niti Ayog.
The universities were happy to get funds directly from MHRD and started
gassing UGC WHICH they found convenient.
 HIGHER EDUCATION COMMISSION OF INDIA

In the era of privatisation, the role of regulation assumed significance and

regulation became essential, when the government withdrew from functioning in
various fields

For e.g. in the case of insurance, a regulator was established when insurance
industry was established. In education, especially higher education, privatisation has
been increasing at a faster pace, and hence there is a need to strengthen the regulating
mechanism.

Bill on Higher Education Commission of India puts forth separation of funding and
regulation function wherein the Higher Education Commission will function as the
regulatory body without the power of funding Higher Education Institutions
 HIGHER EDUCATION COMMISSION OF INDIA

This scenario raises the question whether UGC

can be retained as a funding agency or should it be
terminated?
 HIGHER EDUCATION COMMISSION OF INDIA

The present bill is repeal of UGC Act wherein UGC is being terminated and
funding provision is being taken by MHRD which implies political interference.

In a federal system where the Central and state power coexist, state acceptance
is needed in any kind of reform introduced by Central in the concurrent list of
which education is a part.

The recommendation of this new bill is to be seen in parallel with the GST
policy. GST which is a single taxation system was introduced through GST
council as an apex body determines the tax rate wherein the entire state financial
ministers are part of the council.
 HIGHER EDUCATION COMMISSION OF INDIA

Advisory council has been formed wherein all Chairman and Vice
chairman of all state Higher Education Council will be the members along
with the MHRD cabinet minister. This leads to abolition of autonomous
structure in granting funds to Higher Education Institutions.

The various Higher Education Commissions have been stating that

regulation and funding powers can be separated but they were of opinion
that autonomous character of funding should be maintained.

In reality autonomous character has been lost due to funding through

RUSA by MHRD. Thus most important thing of maintaining autonomous
funding system has been lost.
 HIGHER EDUCATION COMMISSION OF INDIA

The question is about repeal of UGC Act?

we need to look at the functioning of UGC.

It has been identified that UGC has flaws in implementation of policies.

This needs to be rectified.

What needs to be considered is whether the amendments to UGC Act is

itself sufficient rather than creating a new institution.
 HIGHER EDUCATION COMMISSION OF INDIA

The various Higher Education Commissions have been stating that

regulation and funding powers can be separated but they were of opinion
that autonomous character of funding should be maintained.

In reality autonomous character has been lost due to funding through

RUSA by MHRD. Thus most important thing of maintaining autonomous
funding system has been lost.
 HIGHER EDUCATION COMMISSION OF INDIA

Clauses 16 – 20 of the draft bill needs attention in particular which states that
HECI will have the rights to authorize award of degrees by Universities and
institutions and also can revoke the rights.

This has a very serious implication as it leads to asking whether State

Universities also need authorization and if state will surrender its power in
authorizing universities and institutions.

This issue again throws light on the reasons similar to implementation of GST.
GST was implemented to facilitate movement of goods from state to state
without hindrance and payment of single tax. This has the corporate entities at
the background.
 HIGHER EDUCATION COMMISSION OF INDIA

Letter of Honorable MHRD Minister attached to the bill on

HECI emphasizes on reforms in education system.
Inclusiveness and expansion
Equity and access
Quality and
Financing.

HECI insists upon quality and uniform standards across India

which means instance is only on quality where as there is no
detailed mention about the other issues in this bill.
 HIGHER EDUCATION COMMISSION OF INDIA

Why is there urgency in implementation of the bill?

A BILL which talks about reforms needs wider consultation among stake
holders which has not been followed in this case.

The bill also states about skill development. In a overpopulated country like
India where the unemployment is high, technology is gaining momentum,
specific skill oriented education is not viable by educational institutions. It can
be done only by industries. Institutions can give only broad skill development.

UGC Act specifically mentions not more than 50% should be government
officials whereas the new bill on HECI does not mention anything such
specific details, which compromises with the autonomous structure of
funding.
 HIGHER EDUCATION COMMISSION OF INDIA

The government has so far not made any commitments regarding spending 6
percent of GDP on Education. This absence of explicit commitment along
with taking the funding power from UGC sends a negative message.

Any reform needs to be referred to the Parliament Standing Council.

Therefore this bill also needs to be presented in the Parliament.

All these issues need for wide discussion among all stakeholders. A time
span of 10 days is insufficient and the urgency in implementation of the bill
leaves many questions unanswered and many questions with lots of
apprehensions.