Introduction
Education in India occupies the Concurrent List (Entry 25, List III) — a constitutional arrangement that mandates shared responsibility between the Centre and States. Yet, higher education regulation has historically tilted toward central control, a trend the proposed Viksit Bharat Shiksha Adhisthan (VBSA) Bill seeks to deepen significantly. Introduced to statutorily implement the National Education Policy (NEP) 2020 — itself adopted without formal consultation with State governments — the Bill is currently under examination by a Joint Parliamentary Committee (JPC). With India enrolling over 43 million students in higher education (Gross Enrolment Ratio of 28.4% as per AISHE 2021-22), the governance architecture of this sector has direct consequences for equity, innovation, and federal balance.
"Education is not the filling of a pail, but the lighting of a fire." — W.B. Yeats
Key Structural Features of the VBSA Bill
| Proposed Body | Function |
|---|---|
| Viniyaman Parishad (Regulatory Council) | Primary enforcer of governance and institutional norms; recognition, authorisation, closure of institutions |
| Gunvatta Parishad (Accreditation Council) | Technology-driven quality assessment; outsources accreditation to third-party institutions |
| Manak Parishad (Standards Council) | Determines standards for all types of higher education nationally from Delhi |
| National Research Foundation (NRF) | Research funding — currently without block grant provisions for State universities |
Constitutional Concerns
The Bill's critics argue it exceeds the Centre's legislative mandate:
- Entry 66, Union List grants Parliament authority only for coordination and determination of standards in higher education — a limited, specific power
- The VBSA Bill goes beyond coordination to give Union-controlled councils sole discretionary power over standards, inspection, and fund allocation
- Education as Concurrent subject (Entry 25, List III) means States have co-equal legislative competence — the Bill effectively converts a concurrent subject into a Union subject by design
- The Bill covers Central, State-funded, and private universities alike — including IITs, IIMs, and Inter-University Centres — stripping their governing bodies of statutory autonomy
- The UGC Act, Section 13 currently requires inspections only after consultation with the university concerned — the VBSA Bill removes this consultative requirement
Federalism Concerns
| Issue | Current Position | VBSA Bill Position |
|---|---|---|
| Standards determination | UGC with consultation | Central council — unilateral |
| Accreditation | NAAC (consultative) | Third-party outsourced |
| Institutional closure | Requires due process | Centre has unilateral power |
| Fund allocation | Ministry + UGC | Ministry alone |
| State role | Partial through SHECs | No guaranteed representation |
| Reservation enforcement | UGC guidelines apply | No explicit provision |
States are currently the primary financers of their own higher education systems, yet the Bill gives them no guaranteed role in regulation, accreditation, or standards determination — a fundamental federal asymmetry.
Equity and Social Justice Gaps
- The Bill contains no explicit provision for enforcement of reservations for SC, ST, and OBC communities in higher education institutions
- No inter-regional equity framework — historically disadvantaged States and institutions receive no structural support
- The National Research Foundation has no block grant mechanism for State universities — research funding would remain concentrated in central institutions
- Output-based evaluation metrics (patents, publications, global rankings) systematically favour well-resourced urban institutions over regional and rural universities
- Private sector institutions under the Bill have no equity or social justice obligations built in
Academic Autonomy Concerns
- Bureaucrats — not academics — are placed in charge of transforming higher education under the Bill
- The Standards Council (Manak Parishad), sitting in Delhi, is expected to define standards across all types of education — academic, vocational, Bharatiya knowledge systems — for the entire country
- Accreditation outsourced to third-party networks bypasses deliberative institutional processes
- Technology-driven assessment cannot capture qualitative outcomes — civic engagement, critical thinking, social mobility — that universities are expected to deliver
- Senates, academic councils, student and teacher associations have no mandated role in governance under the Bill
Recommendations for Amendment
- 50:50 weightage to State Higher Education Councils (SHECs) and Union councils in regulation, accreditation, and standards determination
- Establish a separate Higher Education Grants Council (HEGC) to disburse funds — with generous allocations to laggard State institutions to bridge historical gaps
- No institutional closure without State government consent where the institution is located
- SHECs must be represented on all three councils — Viniyaman, Gunvatta, and Manak Parishads
- Standards determination must be sector-wise and State-wise — not a single Delhi-centric prescription
- Shift from output-based to outcome-and-impact-based evaluation
- Explicit constitutional affirmation of reservation enforcement across all covered institutions
- Provision for regional councils to address ecological, linguistic, and socio-technical diversity
Conclusion
The VBSA Bill, as drafted, risks converting India's higher education system into a centrally administered monolith — bypassing the constitutional design of concurrent jurisdiction, the diversity of 28 States with distinct linguistic and developmental needs, and the academic autonomy that is the lifeblood of genuine universities. NEP 2020's vision of transformative, holistic education cannot be realised through bureaucratic control and prescriptive regulation. The JPC process offers a critical window to redesign the Bill as a genuine instrument of cooperative federalism — one that balances national standards with State autonomy, global excellence with social justice, and institutional accountability with academic freedom.
