By Navdeep Singh and Krrish Saha
Introduction
In June 2025, the United States president shocked the world when he issued a proclamation to restrict foreign student visas at the US’s oldest and wealthiest University, Harvard.[1]It came a few days after the Trump Administration decided to freeze $2.2 billion federal grants to Harvard and had declared that the university would not get any further grants unless it complied with the demand of the Trump Administration. Harvard filed a case against such actions, and universities across the United States united against Trump’s unprecedented attack on academic freedom.[2] Mahatma Gandhi saw the aim of university education as to mould servants of the people who could live and die for the country’s freedom.[3] Contrary to the rebellious attitude of US Universities and ironically in Gandhi’s own country, the universities in India themselves are being deprived of their academic freedom and autonomy, silently and submissively. In this criminal act of assaulting academic freedom, the perpetrator is the government, and the accomplice is the University Grants Commission.
What Is UGC, And What Is The Issue?
University Grants Commission (“UGC”) is a statutory body established under the University Grants Commission Act, 1956 (“UGC Act”) with the aim of ensuring coordination and standards in university education.[4] Section 12 of the act bestows a general duty upon the commission to fulfil this function, but after consultation with the universities.[5] However, over the years, UGC has become, as the Supreme Court often calls the CBI, a “Caged Parrot”,[6] contrary to its status as an autonomous institution and is aiding the government to strangle academic freedom in the country, enforcing norms where consultation is a distant dream.
Academic Freedom As A Right
Prof. Zoya Hassan defines academic freedom as “the freedom of inquiry, the freedom to teach, to determine who may teach and what may be taught, to research, and to disseminate and publish such findings without interference or censorship from external entities, including the state.”[7] The United Nations recognises academic freedom, not just as a professional freedom, but as a human right.[8] In the landmark case of the US Supreme Court of Sweezy v. New Hampshire, Justice Frankfurter opined that for a university, knowledge is an end and when a university becomes a tool of the state, it loses its true nature. He saw free inquiry as the spirit of a university and identified four essential freedoms, which include who will teach, what will be taught, how it shall be taught, and who will be admitted to study.[9] In Keyishian v. Board of Regents, the court viewed the classroom being a “marketplace of ideas” which, through exposure of ideas, not authoritarian selection, trained future leaders.[10]India’s Constitution, by virtue of Article 19, grants freedom of speech and expression, which restricts the government from suppressing the ideas and voices of the masses.[11]It should ideally include in its preview academic freedom, which includes the free dissemination of ideas. India’s Supreme Court resonates the same view where freedom of expression is seen as one of the essential foundations of a democratic society, and any restriction imposed on it must be a pursuit of a legitimate state aim. In the absence of such compelling state interest, views must not be enforced on the populace[12]The University Education Commission Report, 1949, appointed under the leadership of Dr Sarvapalli Radhakrishnan, saw control of education by the state as an essential feature of totalitarian tyranny. Intellectual freedom requires a spirit of free enquiry, and state control should not be there on academic policies and practices.[13] Hon’ble Supreme Court in the landmark case of T.M.A.Pai Foundation & Ors vs State of Karnataka, while analysing the report of the commission, opined that government control in the educational process must be resisted. Educational institutions soar to great heights in pursuit of academic excellence, and they must be free from unnecessary interference by the state.[14]
How UGC Is Corroding Academic Freedom In India?
UGC, over the years, have strangled academic freedom, towards a more centralised higher education system. The autonomy of the universities has been systematically curbed to establish a centralised regime to control these institutions of learning.
What To Teach?
UNESCO defines academic autonomy as “a degree of self-governance, necessary for effective decision making by institutes of higher education regarding their academic work standards, management, and related activities”.[15] Though the concept is very broad, one of the important facets of such freedom is to decide what to teach, i.e., to design an academic curriculum. In the Western world, countries are showing an inclination towards conferring maximum autonomy to universities. However, in India, the freedom of universities to design their own curriculum seems to be under constant threat in light of UGC’s attempt to restrict this freedom by releasing curriculum frameworks, which, according to UGC, should ideally serve as the basis for colleges and universities to revise their curricula.[16] According to Dr Arun Kumar, UGC has prepared syllabi for various subjects in the early 2000’s and UGC teams which visit colleges and universities ask a standard question of whether the UGC curriculum is being followed or not.[17] The most recent example is UGC’s Learning Outcomes-based Curriculum Framework (LOCF) released for 9 subjects, which has faced vehement opposition from Karnataka.[18] Kerala has rejected the curriculum framework because it infringes on the university’s autonomy and prescribed constitutional limits. Such frameworks are dangerous since UGC, being a regulator, ought to provide a broad framework, without prejudice to the discretion of universities to design curricula specifically as per the needs of their students.[19] Further, the enforcement of a uniform curriculum in a diverse country like India poses a greater threat to the dissemination of diverse knowledge as per regional needs and circumstances. Such curriculum frameworks can serve as a broad tool for perpetuating specific ideologies, compromising the purpose of liberal education, aiding the power structures and suppressing dissent. The current obsession of UGC with ancient wisdom and fostering a sense of pride poses a serious risk to India’s modern Education system, where more importance is being given to “ancient wisdom” and core applied fields are being pushed to the peripheries. The mathematics curricula that have been released have faced significant opposition from 900 distinguished mathematicians, including 20 Padma Shri awardees. Prof. Anup Kale observes, “Mathematics is not merely a cultural artefact – it is a universal language of innovation, science, and societal progress”.[20] In an age of steadfast progress and changing standards of industry, the standardisation of curriculum seems a dangerous proposition.
Who Will Teach?
UGC has continued to attack academic freedom through its continuous attempt to regulate and centralise the appointment processes of universities. India has a federal structure where education is a part of the concurrent list.[21] The most recent attack by UGC on academic freedom is its attempt to regulate and centralise the appointment of university vice chancellors. UGC draft regulations 2025 (“VC regulations”) seek to remove the role of the state government in the appointment of vice chancellors by vesting the power in a committee consisting of a representative of the chancellor (who, in most cases, is the governor appointed by the central government), the UGC chairman and the university senate/syndicate. The committee would recommend three to five names, out of whom the chancellor would appoint one. Also, the provision to appoint people from industry rather than academics to the post of vice-chancellor can lead to severe political interference in educational institutions.[22] States are often seen opposing the interference of Governors in the appointment of vice-chancellors, and the UGC regulations are a threat to the federal ethos. Further, in the recruitment of Faculties, stringent UGC-imposed criteria need to be fulfilled, which is currently governed by the UGC regulation of 2018.[23] In July 2025, the recruitment of 1091 Assistant Professors in Punjab was quashed by the Supreme Court for being contrary to these regulations.[24] Though the regulations are meant to ensure minimum standards, such a centralised mandate to fulfil a rigid criterion without taking into account the ground-level circumstances is not sustainable, especially in a country with deep-rooted social, economic and educational inequalities. A large number of posts for reserved categories remain unfilled in Central Universities on the grounds of ‘not found suitable’.[25] The UGC regulations of 2018 unilaterally changed the faculty recruitment system, which significantly reduced the number of positions for reserved categories. Earlier, it followed a 200-point system, which treated the entire institution to calculate reservations; now, under the new 13-point roster system, individual department is considered, due to which the number of posts in smaller departments has effectively reduced.[26] By subjecting universities to stringent criteria, UGC effectively breaks the link between regulation and ground realities.
Who Will Be Taught?
The UGC has effectively managed to establish its control over who is admitted or taught, stripping away another aspect of university autonomy. The introduction of the Common Universities Entrance Test (“CUET”) has centralised the admission process, which is regressive in a country like India with so many inequalities.[27] It will shift focus to a centralised curriculum without taking into account the diverse schooling patterns prevailing in the country. It places students from state boards at a disadvantage. It uses an objective pattern to judge social science students, which cannot be considered the best way, considering the nature of the discipline. Such centralisation of the entrance exam excludes the opportunity of universities to admit students as per local needs, which is essential in light of divergent problems in the country.[28] There are many backward areas in the country, and accessibility to such exams is low in many areas; and universities, in such circumstances, can mould their criteria as per local needs. Having stringent exam criteria like CUET strips excludes the opportunity from poor and backward backgrounds to access university education.[29] Further, the conduct of such centralised exams presents significant gaps, the chances of which are reduced when universities admit students as per their own criteria and individual entrance exams due to effective division of labour.[30] The implementation of CUET has shown the problems inherent in conducting a centralised entrance examination for the entire country. In the race for uniformity, UGC is neglecting the diverse aspects of India’s existence and for this purpose, the autonomy of universities to decide whom to admit by what mechanism must be given primacy.
Impact On Minority Institutions
The Constitution of India provides minorities with certain rights, including the right to establish and administer educational institutions of their choice.[31] It was held in Aligarh Muslim University v. Naresh Agarwal (“AMU Case”) that the right conferred by Article 30 is a special privilege, which postulates limited state regulation in the administration of the institution. Such a provision aims to protect the cultural fabric of religious and minority institutions.[32] However, UGC often tries to interfere in the functioning of these constitutionally autonomous institutions. In a case before the Hon’ble Madras High Court, minority institutions failed to get approval for their newly appointed assistant professors on the grounds that they did not follow the UGC regulations of 2018. Such an interference was held to be violative of fundamental freedoms guaranteed by minorities.[33] In the AMU Case itself, the Supreme Court recognised the freedom of minority institutions to frame their own curriculum in a manner that is conducive to the practice of their religion.[34] However, UGC, by framing regressive curriculum frameworks, affects the rights of minority institutions.[35]
Financial Control And Arbitrariness
The UGC Act bestows upon the commission the power to disburse funds to various universities.[36] UGC has been granted Rs. 3335.97 Crore from the central government in 2025-26.[37] However, such financial powers open scope for arbitrary exercise of power, and it has become a way for UGC to control the autonomous functioning of the universities. UGC funds are crucial for the functioning of universities, and UGC often uses its financial powers to achieve compliance. The VC Regulations were recommendatory in nature, but the regulations clearly stated that failure to comply may lead to withholding UGC funds from the University.[38] Further, most of the UGC funding has been directed towards Central Universities, at the behest of State universities, which further reflects the discriminatory funding mechanism of the regulator.[39] “Equality is not violated by mere conferment of discretionary power. It is violated by arbitrary exercise by those on whom it is conferred.” [40] Various decisions of courts across India have despised UGC’s arbitrary and unnecessary interference in the functioning of universities. UGC passed an order debarring Singhania University from enrolling PhD students for non-compliance with its norms. The court set aside the order since UGC has a regulatory function limited to coordination and maintaining minimum standards.[41] Supreme Court despises such arbitrariness, since “from a positivistic point of view, equality is antithetic to arbitrariness. In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch.”.[42]
Bureaucratisation of Academic Institutions
UGC has mistaken maintaining standards for standardisation. They have set up mechanical standards of work, which results in the bureaucratisation of institutions of higher education. More emphasis is laid on office work than on academic activities and research.[43] Last nail in the coffin is the new UGC regulations, which provide that persons who lack academic experience can also be made vice-chancellors in the name of “industry experts and public sector veterans”.[44] It will destroy the sanctity of these institutions as academic bodies and will render them mere bureaucratic organisations in the hands of the government.
Conclusion
Hence, UGC has continuously attempted to centralise higher education in India in the guise of Regulation under the UGC Act. As held in Lt. Col. Nitisha v. Union of India, Indirect discrimination needs to be identified where facially neutral laws have a disparate impact, and focus needs to be laid on the effects of the action, rather than intention.[45] The UGC Act is a reflection of such indirect discrimination, which is effectively curbing the autonomy of universities in India. Not only this, but it undermines federalism and sets up a wrong precedent for effective separation of powers as envisioned by the Constitution. However, the worst is yet to come. The government intends to set up the Higher Education Commission of India, which will further centralise higher education.[46] Universities must be given due autonomy, which will aid the progress of the nation. Concluding with what Albert Einstein said, “If we want to resist the powers which threaten to suppress intellectual and individual freedom, we must keep clearly before us what is at stake, and what we owe to that freedom which our ancestors have won for us after hard struggles.”[47]
Authors are 2nd Year B.A. LL.B. (Hons.) Student at National University of Study and Research in Law, Ranchi.
[1] Amy Hawkins & agencies, Trump Signs Proclamation to Restrict Foreign Student Visas at Harvard, The Guardian (June 5, 2025), https://www.theguardian.com/us-news/2025/jun/04/trump-restricts-harvard-student-visas.
[2] TOI World Desk, Trump Administration Blocks Billion-Dollar Harvard Funding as White House Demands Sweeping Overhaul, Times of India (May 6, 2025), https://timesofindia.indiatimes.com/world/us/trump-administration-blocks-billion-dollar-harvard-funding-as-white-house-demands-sweeping-overhaul/articleshow/120914376.cms.
[3] “Mahatma Gandhi Quotes on Education,” Gandhi & Education, Mahatma Gandhi Institute, https://www.mkgandhi.org/edugandhi/gviews.php.
[4] University Grants Commission Act, 1956, Long Title, No. 3, Acts of Parliament, 1956 (India).
[5] University Grants Commission Act, 1956, § 12, No. 3, Acts of Parliament, 1956 (India).
[6] Explained Desk, Why Has Supreme Court Recalled Its Reference to CBI as a ‘Caged Parrot’, The Indian Express (Sept. 13, 2024), https://indianexpress.com/article/explained/supreme-court-cbi-caged-parrot-9566011/.
[7] Zoya Hasan, Political Intolerance and Declining Academic Freedom in India, The Hindu Centre (Mar. 19, 2025), https://www.thehinducentre.com/the-arena/political-intolerance-and-declining-academic-freedom-in-india/article69333518.ece.
[8] United Nations, Report of the Special Rapporteur on the Right to Education, A/HRC/56/58, ¶ 6 (June 27, 2024), https://documents.un.org/doc/undoc/gen/g24/072/77/pdf/g2407277.pdf.
[9] Sweezy v. New Hampshire, 354 U.S. 234 (1957).
[10] Keyishian v. Board of Regents, 385 U.S. 589 (1967).
[11] Constitution of India, art. 19 (India).
[12] Navtej Singh Johar vs Union Of India, AIR 2018 SUPREME COURT 4321.
[13] University Education Commission, Report of the University Education Commission (December 1948 – August 1949), Vol. I, Ministry of Education, Government of India (1962), https://dspace.unitywomenscollege.ac.in/bitstream/123456789/554/1/Radhakrishnan%20Commission%20Report%20of%201948-49.pdf.
[14] T.M.A. Pai Foundation & Ors. v. State of Karnataka & Ors., Writ Petition (Civil) 317 of 1993.
[15] Sandeep Sancheti and Latha Pillai, Institutional Autonomy in Indian Higher Education System: Need for a Serious Debate, in Reimagining Indian Universities 209 (Pankaj Mittal and Sistla Rama Devi Pani, editors, Association of Indian Universities 2020), https://aiu.ac.in/documents/AIU_Publications/Reimagining%20Indian%20Universities/10.%20Institutional%20Autonomy%20In%20Indian%20Higher%20Education%20System%20By%20Sandeep%20Sancheti%20VC%20SRMIST%20&%20Past%20President,%20AIU%20and%20Latha%20Pillai,%20Director(QAR)%20SRMIST,%20Chennai.pdf.
[16] Deccan Herald, Karnataka opposes UGC draft curriculum, calls it an ‘ideological imposition’, Deccan Herald (Aug. 29, 2025), https://www.deccanherald.com/india/karnataka/bid-to-impose-ideologies-k-taka-opposes-ugc-draft-curriculum-3702105.
[17] Arun Kumar, Destroying Academic Autonomy, IMPRI Impact and Policy Research Institute (Apr. 18, 2021), https://www.impriindia.com/insights/destroying-academic-autonomy/.
[18] Supra note 16.
[19] The Hindu, Kerala Rejects UGC’s Draft Curriculum Framework, The Hindu (September 22, 2025), https://www.thehindu.com/news/national/kerala/kerala-rejects-ugcs-draft-curriculum-framework/article70081444.ece.
[20] Apoorva Anand, Should UGC Withdraw Its New Math Curriculum Draft? Experts Raise Serious Concerns, India Today (Sept. 22, 2025), https://www.indiatoday.in/education-today/featurephilia/story/is-the-ugcs-new-math-draft-syllabus-putting-quality-education-at-risk-2791395-2025-09-22.
[21] Constitution of India, Schedule VII, List III, Entry 25 (India).
[22] The Hindu, Centralising Control on the Draft UGC Regulations 2025, The Hindu (January 13, 2025), https://www.thehindu.com/opinion/editorial/centralising-control-on-the-draft-ugc-regulations-2025/article69092237.ece.
[23] University Grants Commission, University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018, https://nluo.ac.in/storage/2024/05/UGC-Regulations-2018-for-appointment-of-teachers-and-academic-staff.pdf.
[24] Sucheta, SC Quashes Recruitment of 1,158 Assistant Professors, Librarians in Government Degree Colleges, Punjab, SCConline (July 18, 2025), https://www.scconline.com/blog/post/2025/07/18/sc-quashes-recruitment-of-1158-assistant-professors-librarians-govt-degree-colleges-punjab-legal-news/.
[25] The Hindu, Not Found Suitable Clause Weaponised Against SCs, STs, OBCs to Deny Them Job Opportunities: Congress, The Hindu ( July 27, 2025), https://www.thehindu.com/news/national/not-found-suitable-clause-weaponised-against-scs-sts-obcs-to-deny-them-job-opportunities-congress/article69861892.ece.
[26] Liberation, Resist the UGC Draft Guidelines 2025, Liberation (Feb. 1, 2025), https://liberation.org.in/detail/resist-the-ugc-draft-guidelines-2025.
[27] The Hindu, Debut Edition of India’s Second Largest Entrance Exam ‘CUET-UG’ to Begin on July 15, The Hindu (July 15, 2022), https://www.thehindu.com/education/debut-edition-of-indias-second-largest-entrance-exam-cuet-ug-to-begin-friday/article65639493.ece.
[28] Gowhar Rashid Ganie, Why and Why Not a Common University Entrance Test (CUET) in India?, Times Higher Education (Nov. 2022), https://www.timeshighereducation.com/opinion/indias-new-university-entrance-exam-will-not-fix-capacity-or-fairness.
[29] Vinayak Kishore, Exam Republic—Analysing the Potential Fallouts of the Common University Entrance Test, Economic & Political Weekly (July 15, 2023), https://www.epw.in/engage/article/exam-republic%E2%80%94analysing-potential-fallouts-common.
[30] The Economic Times, CUET-UG 2025 Faces Criticism Over Biometric Gaps, Shift Disparities, and Syllabus Deviations, The Economic Times (July 1, 2025), https://economictimes.indiatimes.com/jobs/exams-results/cuet-ug-2025-faces-criticism-over-biometric-gaps-shift-disparities-and-syllabus-deviations/articleshow/122181959.cms?from=mdr.
[31] Constitution of India, art. 30(1) (India).
[32] Aligarh Muslim University v. Naresh Agarwal & Ors., 2024 INSC 856.
[33] R. Sivakumar, Madras HC Rules UGC Regulations Inapplicable to Minority Institutions, New Indian Express (Mar. 27, 2025), https://www.newindianexpress.com/states/tamil-nadu/2025/Mar/27/madras-hc-rules-ugc-regulations-inapplicable-to-minority-institutions.
[34] Supra note 32.
[35] Objections on UGC’s Learning Outcomes-Based Curriculum Framework (LOCF), Change.org, https://www.change.org/p/obejctions-on-ugc-s-learning-outcomes-based-curriculum-framework-locf.
[36] Supra note 5.
[37] Press Information Bureau, Union Education Minister Lauds Historic Budget 2025-26, Ministry of Education, Govt. of India (Feb. 1, 2025), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2098805.
[38] Sovi Vidyadharan, Govt Risking UGC Grants to Justify VC Appointments, The New Indian Express (Jun. 30, 2024), https://www.newindianexpress.com/states/kerala/2014/Jun/30/govt-risking-ugc-grants-to-justify-vc-appointments-630352.html.
[39] The Hans India, UGC Funding Pattern to State Varsities Discriminatory, The Hans India (Dec. 24, 2017), https://www.thehansindia.com/posts/index/Hans/2017-12-24/UGC-funding-pattern-to-state-varsities-discriminatory/347704.
[40] Vivekanand Tiwari v. Union of India, Writ A No. 43260 of 2016.
[41] Singhania University v. University Grants Commission, 2025 LiveLaw (Del) 1127 (Sept. 17, 2025), https://www.livelaw.in/high-court/delhi-high-court/ugc-cant-debar-university-from-enrolling-phd-students-304162.
[42] D.S. Nakara & Others vs Union Of India, 1983 AIR 130.
[43] Arun Kumar, Destroying Academic Autonomy, IMPRI Impact and Policy Research Institute (Apr. 18, 2021), https://www.impriindia.com/insights/destroying-academic-autonomy/.
[44] Nishtha Anushree, UGC to Amend Rules to Allow Non-Academicians to Become University Vice-Chancellors and Remove Limit of Contract Teachers, Swarajya (Jan. 7, 2025), https://swarajyamag.com/news-brief/ugc-to-amend-rules-to-allow-non-academicians-to-become-university-vice-chancellors-and-remove-limit-of-contract-teachers.
[45] Lt. Col. Nitisha v. Union of India (2021) 15 SCC 125.
[46] CNBC TV18, India to Replace UGC, AICTE, and NCTE with Higher Education Commission of India; Government Preparing Bill, CNBC TV18 (Jul. 25, 2025), https://www.cnbctv18.com/education/india-to-replace-ugc-aicte-and-ncte-with-higher-education-commission-of-india-govt-preparing-bill-19643498.htm.
[47] Goodreads, Quotes Tagged “Academic Freedom”, Goodreads, https://www.goodreads.com/quotes/tag/academic-freedom.