Opinion: UGC draft rules are assault on Federalism

Hyderabad: The draft regulation proposed by the University Grants Commission (UGC) concerning the selection and appointment of vice-chancellors has become a contentious issue. The draft regulation raises concerns about federalism and undermines the constitutional principles of State autonomy. The proposed amendment to the UGC Regulation 2010 aims to widen the eligibility criteria for the appointment of vice-chancellors. This draft is undemocratic and highly disrespectful to the federal structure. Despite education being on the concurrent list, there is an attempt to undermine the rights of states.

The UGC’s draft regulation raises concerns about its alignment with the constitutional principles of federalism. India’s federal system, characterised by multilevel governance, is grounded in the principle of subsidiarity, which advocates for decision-making authority to be vested at the most local level of government. This principle emphasises decentralisation, ensuring that local bodies maintain functional independence and agency to foster deeper democratic engagement. The structure of power distribution in the Indian Constitution, though not always explicitly stated, suggests that authority should flow from the Central government down to the people, from Rajpath to Janpath, ultimately reaching the grassroots level, where true power lies in the hands of the people through institutions like gram sabhas.

On Tuesday, six states passed a joint resolution calling for the withdrawal of the draft UGC (Minimum Qualifications for Appointment and Promotion of Teachers and Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2025. States including Himachal Pradesh, Jharkhand, Kerala, Tamil Nadu, Telangana and Karnataka gathered for the State Higher Education Ministers’ conclave in Bengaluru, where they adopted a 15-point resolution opposing the UGC draft regulations.

The state governments have raised significant concerns, particularly regarding the appointment of vice-chancellors and have criticised the UGC for centralising the process, effectively excluding states from having a voice in the decision-making. The states have also strongly opposed the proposal allowing individuals from the private sector to be appointed as vice-chancellors, but the question is, will the commissions heed the concerns raised by many scholars, intellectuals, academia and institutions?

However, the Constitution ensures that State legislatures retain significant autonomy in matters of higher education governance, particularly concerning universities established under State statutes. Article 254 of the Constitution addresses situations where a state law conflicts with a Central law. If such a conflict exists, the Central law prevails, and the State law is void to the extent of the inconsistency.

Indian federalism operates on a multilevel structure, fundamentally guided by the principle of subsidiarity. This principle advocates for authority to be vested at the lowest possible level of the institutional hierarchy. Subsidiarity encourages decentralization, emphasizing that to strengthen democracy, local governments must be granted a degree of functional independence and agency, especially in relation to the central government. The distribution of power in the Indian Constitution, while more implicit than explicit, suggests that authority should flow from Rajpath (the seat of power) to Janpath (the path of the common people), ultimately reaching the grassroots level, where true power resides in institutions like gram sabhas.

The writer is Irfan Aziz, All India Professional Congress, president of Secunderabad Chapter & Congress Manifesto Head from Telangana.

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