APPENDICES QUESTIONNAIRE ISSUED BY THE COMMITTEE
Closing Date : 31st August, 1963.
GOVERNMENT OF INDIA
MINISTRY OF EDUCATION
Committee of Members of Parliament to Examine Constitutional Provisions Regarding Higher Education
From : To : ........................ The Under Secretary to the Government of ........................ India,University Education Division, Mi- ........................ nistry of Education,Government of India, ........................ New Delhi ........................
The University Education Commission while considering the problem of University Education recommended* that "the all-India aspects of University Education, the repercussions and interchanges necessary and desirable between Universities and the need for a national guarantee of minimum standards of efficiency" require that University Education should be a concurrent responsibility of the Centre and the States. This point came up for discussion when the Indian Constitution was being framed and it was decided that Education, including Universities, subject to certain provisions should be a State responsibility. The Central responsibility was thus limited to the Central Universities and the co-ordination and determination of stan- dards as provided in Entry 66 in List I of the Seventh Schedule of the Constitution which reads as follows:-
"Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions."
To discharge these functions efficiently and effectively, the Government of India constituted a University Grants Commission for the purpose in 1952. Section 12 of the University Grants Commission Act provides, inter alia, that "it shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerted, all such steps as it may think fit for the promotion and coordination of University Education and for the determination and maintenance of standards of teaching,examination and research in Universities."
1. Has the Central Government, in your opinion, adequate powers of control to coordinate and determine standards in institutions for higher education or research and scientific and technical institutions Under the existing provisions of the Constitution (Entry 66 in List I of the Seventh Schedule)?
Please answer this question with reference to the Supreme Court's judgement in the Gujarat University's case, if possible.
NOTE.-Higher Education may be taken to mean University Education including agricultural, technical, engineering and medical education.
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2. Are any changes in the Constitution necessary for a more effective control over University Education by the Union Government? If the answer is in the affirmative, what are your suggestions?
3. How will the powers possessed at present by the Union Government over University Education be affected by making it a Concurrent subject? Will these powers increase or decrease?
4. Will the omission of Entry No. 11 from the State List (List No. II) and putting it into the Union List (List No. I) along with Higher Education constitute an improvement on the existing state and provide the Union Government with greater authority to discharge its responsibilities for higher education ?
5. What, in your opinion, are the steps that should be taken to ensure a minimum standard of efficiency and uniformity in all the universities and institutions of higher studies in the following matters:-
(i) Courses of Study.
(ii) Examinations.
(iii) Standard of Teaching.
Can you please suggest other spheres of higher education and university education in which also minimum standard of efficiency and uniformity is desirable and feasible?
6. Under the present arrangements, is there any difficulty so far as State Governments are concerned in discharging their full responsibility towards higher education? if so, in your opinion, what are the ways of removing the same?
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7. If you are not in favour of disturbing the present allocation of responsibility between the States and the Union Government what other measures would you recommend for enabling the Central Government to discharge the obligations imposed upon it by Entry 66 in List I of the Seventh Schedule of the Constitution ?
8. To what extent can the doctrine of implied powers as enunciated in the case of Gujarat University by the Supreme Court be carried to include the right of the Parliament to legislate:-
(a) that Visitorial powers shall reside, in the interest of co-ordination and the maintenance of standards, in the President of the Union.
(b) that Chancellors shall be persons of eminence either in the educational world or in other spheres of public life of the country and shall have such powers as may be specifically delegated to them but that they shall not be vested with any Visitorial powers.
(c) Regarding minimum standards of fitness for admission to Universities or to technical and professional institutions including medical, engineering and agricultural institutions.
(d) Prescribing the procedure for the appointment of Vice- Chancellors.
(e) Regarding the right to direct inspection of colleges and other institutions in order to ensure that proper standards are maintained.
(f) Regarding the fixing of qualifications as also the method of selection of members of (1) the teaching staff and (2) other members of the commu-
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nity to various governing bo- dies such as the Court or the Senate, the Executive Council or the Syndicate, the Academic Councils, Appointment or Selection Boards, Examination Committees for bringing out results and other similar University bodies.
9. If your answer to the above question or any of its parts be in the affir- mative, please indicate how you reconcile entry No. 11 of List II-State List with entry No. 66 of List I--Union List of the Seventh Schedule ?
10. What steps should the Central Government take to ensure determination of standards and their co-ordination?
11. What steps should be taken, in your opinion, to emphasise or bring out the all-India aspects of the University and Higher Education?
Could you suggest any method of co- operation among the States or State Universities which will lead to greater national solidarity and integration?
12. Whether the Zones as defined at present can be of any use for this purpose?
Following is the composition of the Zones:-
Northern Zone:-Punjab, Rajasthan, Jammu & Kashmir, and the Union Territories of Himachal Pradesh, and Delhi.
Central Zone:-Uttar Pradesh and Madhya Pradesh.
Eastern Zone :-Assam, West Bengal, Bihar, Orissa, and Nagaland by special invitation and the Union Territories of Manipur and Tripura.
Western Zone :-Gujarat and Maharashtra and the Union Territories of Dadra and Nagar Haveli and Goa, Daman and Diu.
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Southern Zone :-Andhra Pradesh, Madras, Mysore and Kerala and the Union Territory of Pondicherry.
13. How can the U.G.C. be made to play a more active part in the development of University and Higher Education? Please make concrete suggestions.
14. What are your views regarding single faculty vis-a-vis multi-faculty universities? Is it desirable to have single faculty universities ? In the interest of co-ordination and deter- mination of standards, what kind of control do you suggest by the Union Government for such institutions?
15. Do you think that in the interest of bringing about co-ordination in Higher and University Education, the President of India should be vested with the powers of Visitor in respect of all the Universities in India?
16. In your opinion what powers should the Central Government possess to implement decisions of international agreements or conventions regarding higher education in order to discharge their obligations under entry No. 13 of List I of the Seventh Schedule?
Note.-Entry No. 13 of List I-Union List of Seventh Schedule reads : "Participation in international con- ferences, associations and other bodies and implementing of decisions made thereat."
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