Reclaiming universities through trust, student voice

GS-II: Polity & Governance | Education | Academic Freedom | University Governance | Fundamental Rights

Context

• Student Assertion and Accountability: Indian students, particularly Gen Z, are increasingly asserting their freedom and autonomy and demanding accountability.
• NALSAR Controversy: The controversy involving students of the NALSAR graduating batch brought questions of student autonomy, university governance and institutional accountability into focus.
• CJI’s Intervention: CJI Surya Kant intervened by staying the BCI order concerning the graduating batch, quashing FIRs against protesting students, holding that the BCI had no disciplinary control over the students, and reducing the practice requirement for appearing in judicial services examinations from three years to one year.
• Deeper Governance Crisis: The issue raises a larger question about why students are increasingly dissatisfied with university governance and why grievances sometimes escalate into protests and confrontational behaviour.
• Core Question: The debate centres on how universities should be governed, the role of academic freedom and free speech, and the ability of Vice-Chancellors to command students’ respect and resolve grievances internally.

Academic Freedom as the Core Principle

• Essential for Universities: Universities cannot function effectively without academic freedom, as knowledge creation requires reflection, inquiry and discussion.
• Constitutional Position: The Indian Constitution does not explicitly mention academic freedom.
• International Examples: The Constitutions of Germany, Japan, South Africa, Portugal and Spain contain provisions relating to academic freedom.
• German Constitutional Protection: Article 5(3) of the German Basic Law specifically guarantees scientific freedom (Wissenschaftsfreiheit) to those engaged in scholarly teaching and research.
• Hong Kong: Article 137 of the Basic Law provides that educational institutions may retain autonomy and enjoy academic freedom.
• Institutional Autonomy: Governments should ideally not dictate universities what to teach, how to teach and what not to teach; similarly, universities should not deny such freedom to departments and faculties.
• Curriculum Decisions: University curricula should ideally involve relevant stakeholders, including students.
• Free Speech: Universities should provide spaces where ideas can be questioned, discussed and debated freely.
• Reasonable Limits: Academic freedom does not provide a right to defame people or indulge in anti-national activities. Where academic activity involves conduct rather than free speech, the State can regulate such conduct.

The Shadow of ‘Control’

• Control Model: Student protests are partly linked to poor university governance, with administrations increasingly adopting a control-oriented model.
• Vice-Chancellor-Centric Governance: Most universities remain Vice-Chancellor-centric, while students have limited participation despite being the primary reason universities exist.
• Unaddressed Grievances: When grievances are not addressed promptly, students may feel ignored and suffocated, leading some to take extreme steps.
• Need for Dialogue: Much of the backlash could be avoided if university administrations engaged students in meaningful dialogue and provided timely relief.
• Accessibility of Leadership: Vice-Chancellors rarely hold open houses and are often inaccessible to ordinary students.
• Trust over Surveillance: Universities require dialogue, trust and openness, rather than excessive control and surveillance.
• Knowledge Creation: Innovation and knowledge creation cannot flourish in a controlled environment; they require the freedom to question existing ideas.

Structural Problems in Higher Education

• Over-Regulation and Underfunding: Despite repeated references to ancient India, the education system remains over-regulated and grossly underfunded.
• NEP 2020: The National Education Policy 2020 promised public investment of 6% of GDP in education, whereas public investment has remained around 4–4.1%, with higher education receiving the smallest share.
• Infrastructure Deficit: Public university infrastructure has deteriorated, while there is an acute shortage of hostels.
• Faculty Shortage: Faculty positions remain vacant and guest faculty are poorly paid.
• Recruitment Concerns: Faculty recruitment processes are described as faulty, with concerns regarding excessive emphasis on ideological leanings rather than merit.
• Poor Teaching: Weak teaching standards contribute to student frustration.
• Examination Paper Leaks: Repeated paper leaks add to student stress and reflect systemic weaknesses.
• Systemic Backlash: Student frustration ultimately gets directed not only at university administrations but also at the government.

Academic Freedom Under Global Strain

• Western Context: Academic freedom is also facing serious pressure in Western countries.
• United States: Federal funding has been used to reshape campus culture, diversity programmes have been dismantled, and research funding in areas such as climate change has been reduced.
• Student Protests: Universities have faced pressure regarding their handling of student protests, including protests related to Gaza.
• Political Control: Both right-wing and left-wing regimes have, at times, attempted to exercise control over universities.
• Historical Examples: The article cites Arnold Toynbee’s resignation from King’s College London in 1924 over his writings on atrocities by the Greek army and the persecution of professors during the McCarthy era.
• Funding Dependence: Declining public funding has increased the influence of funders, corporations and pharmaceutical companies over research agendas, raising concerns about acade