Cooperative federalism requires meaningful consultation before Central regulatory bodies set standards binding on States. Evaluate this in light of UGC's regulation-making process.
In this answer
Education is a Concurrent List subject, yet Entry 66 of the Union List vests the Centre with "co-ordination and determination of standards" in higher education [3]. The Draft UGC Regulations, 2025 show that consultation with States is a well-observed convention in practice, but remains advisory rather than binding — genuine but incomplete cooperative federalism.
The legal basis: consultation is convention, not command
- UGC frames these norms under Sections 26(1)(e) and 26(1)(g) of the UGC Act, 1956, powers traceable to Entry 66, List I [3].
- States fund and run most universities, but the standards entry gives Parliament overriding competence; no provision obliges prior State concurrence or an Inter-State Council reference [3].
Where the process meets the consultative test
- The draft was placed in the public domain on 6 January 2025 for feedback and suggestions before finalisation, rather than notified straightaway [1].
- UGC engaged Principal Secretaries of State Higher Education Departments, State Higher Education Councils, Chancellors' offices and premier institutions such as IITs, IIMs and IISc [3].
- The regulations remain unnotified and still in draft well after release, indicating that stakeholder feedback has materially slowed closure [3].
Where it falls short
- Consultation is post-drafting: States react to a text they had no role in framing, and UGC alone decides which objections to accept.
- Contested provisions cut into State domain — widening Vice-Chancellor eligibility to persons with ten years' senior experience in industry, public policy or administration [2] affects appointments made through Chancellors in State universities.
- Compliance is effectively enforced through UGC's grant-linked leverage, so an "advisory" standard operates as a binding one.
On balance, the UGC's process satisfies the letter of consultation but not its federal spirit. Institutionalising pre-drafting consultation through the Inter-State Council and State Higher Education Councils, with reasons recorded for rejecting State inputs, would align standard-setting with NEP 2020's goals while honouring the cooperative federalism the Constitution's Concurrent scheme envisages.
Sources
- 1Shri Dharmendra Pradhan releases draft UGC (Minimum Qualifications for Appointment & Promotion of Teachers and Academic Staff...) Regulations, 2025 — PIBdraft released 6 January 2025 and placed in public domain for feedback
- 2PRS Legislative Research, Monthly Policy Review, January 2025expanded Vice-Chancellor eligibility to industry/public policy/administration experience
- 3Parliament Question (Rajya Sabha): Draft UGC Regulations, 2025 — Ministry of Education, PIB Parliamentary QuestionsEntry 66 List I, Sections 26(1)(e)/(g) of UGC Act 1956, Concurrent List position, stakeholder consultation and draft status