Taking into account the concern expressed by some States that the proposed National Commission on Higher Education and Research (NCHER) — the overarching regulatory body — would centralise higher education, the revised draft of the NCHER Bill proposes to constitute a general council for giving wider representation to the States and educational and research institutions across different areas.
Every decision of the proposed commission will have to be placed before the general council for approval.
Veto powers
With veto powers, the general council can, by two-thirds majority of its members present and voting, bring amendments to the measure or regulation proposed.
The new draft also re-defines ‘Central government' to incorporate the “Ministry concerned with the subject matter,” suggesting that the Health and Family Welfare Ministry deal with matters relating to medical education, while the Human Resource Development Ministry would be concerned with higher and technical education — but under the purview of the NCHER.
While there is no clarity over which Ministry deals with legal education, agricultural education has been left out of the ambit, it being a State subject. However, the task force is likely to suggest amending the Constitution to bring agriculture in the Concurrent List such as education and health.
Tamil Nadu, Kerala and West Bengal had strongly opposed the proposed panel, with Tamil Nadu Chief Minister M. Karunanidhi even writing to Union Human Resource Minister Kapil Sibal describing the Commission as a body of “seven wise men” who would take decisions for the States at the Centre.
In an attempt to make the panel more “federal” in nature, the general council, as proposed in the new draft, will make recommendations and advise the commission on the measures to be taken to enhance access, inclusion and equity in higher education.
