Prof Jagadesh Kumar, University Grants Commission (UGC) Chairman informed on 11 April that the UGC has formed a five-member committee which will prepare regulations to allow foreign higher education institutes, to set up campuses in India. These institutions should be among the top 500 Times Higher Education or Quacquarelli Symonds (QS) World University Rankings.
He also mentioned that the foreign branch campuses will be encouraged in the area of science and technology as well as in emerging areas such as artificial intelligence and data sciences. It is envisioned that these will grow into research institutes and help students in India to access a world-class education.
The committee has been asked to frame draft regulations aligned to the National Education Policy (NEP) 2020 and these are expected to be submitted to the UGC by April end.
Para 12.8 of NEP 2020 states that ‘selected universities e.g., those from among the top 100 universities in the world will be facilitated to operate in India. A legislative framework facilitating such entry will be put in place, and such universities will be given special dispensation regarding regulatory, governance, and content norms on par with other autonomous institutions of India.
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There has been a past attempt by the Indian government in 2010 to allow foreign education providers to open branch campuses in India with the tabling of the Foreign Educational Institutions (regulation of entry and operations) Bill, however it was unable to gather the requisite support in Parliament and eventually lapsed. Among other provisions, this bill proposed that the foreign universities will have to maintain a certain level of corpus fund and imposed restrictions on the repatriation of surplus.
India’s Commerce Ministry and NITI Aayog (the apex policy think tank of the government of India) have all along been promoting the cause for foreign universities to open campuses in India with a view to attract foreign direct investment. In the interim, it was expected that the Higher Education Commission of India when set up would drive this agenda forward, but it is still not apparent when this may happen and it will also have to follow the parliament bill route, which would make the entire process a long-drawn one.
The matter has again picked up momentum and the UGC has taken on the lead responsibility to revive the proposal and develop the necessary framework of stipulations. As way of fast tracking, instead of using the parliament route which was previously explored, the government is tapping another route, through the UGC Act of 1956. Section 25 of this Act stipulates that the UGC can develop regulations so long the government issues an official order for it. The order is not available in public domain, but the fact that such a significant step has been taken by the UGC, it would only be possible on the basis of government’s official communication.
This indeed is a bold step forward and will have the ability to move faster than bringing it as a bill. Consensus of stakeholders on regulations would also be quicker given that it would need to only go through the regulation-making process of the UGC.
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