Mentor’s Comment: UPSC Mains has always focused on Governance and Policy issues related to Education in India – Free and Compulsory Education (in 2022), National Education Policy (in 2021), and Inclusive development through SDG 4 (in 2020).

In the 2022 Global Education Ranking, India was placed 107th out of 140 countries in terms of educational quality, reflecting ongoing challenges in achieving equitable access across different religious communities.

Being an old civilization known for its rich tapestry of culture, Why is India standing back? 

Is the Government/Judiciary taking any initiative to improve this situation?

Today’s editorial focuses on the Educational Universities in India that need the governance call to ensure educational policies are free from religious bias while promoting a culture of tolerance. This editorial analysis can be used in both cases – for ‘Educational Policy Development’ and ‘Inclusive Development’.

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Let’s learn!

Why in the News?

The Apex Court in a landmark 4:3 ruling by a seven-judge bench has overruled its past 1967 decision that denied AMU minority status.

• In a new ruling, the court clarified that universities founded by minority communities should be recognized as such, even if they are governed by an Act of Parliament.
• The court has now sent the question of AMU’s minority status to another panel for further review, which could have important implications for student admissions and the university’s independence.

What are the fundamental differences between Universities and Religious Institutions?

• Mission and Values: Universities focus on academic excellence, research, and critical thinking and offer diverse programs across various disciplines without a religious foundation.
  • Religious Institutions are based on specific religious beliefs, integrating faith and moral values into education that includes courses on theology and ethics.
• Infrastructure and Networking opportunities: Universities often have larger classes, and a wide range of clubs and organizations, leading to less individual attention.
  • While religious institutions typically feature smaller classes, and emphasize faith-based activities, allowing for personalized mentorship that includes spiritual guidance.
• Policies: Universities are open to all qualified students, adhering to non-discrimination policies. On the other hand, religious institutions may prioritize applicants who share their faith or require adherence to specific values.

What are the implications of these differences on Academic Freedom?

• Academic Freedom in Universities: A collegial governance model supports academic freedom by allowing faculty to pursue research and teaching without undue interference. It promotes an environment where diverse viewpoints can be expressed, fostering critical thinking and innovation.
  • However, increasing corporatization leads to a focus on profitability and market-driven priorities, which can undermine traditional academic values.
• Academic Freedom in Religious Institutions: The hierarchical governance may restrict academic freedom, as decisions are often influenced by religious beliefs and doctrines. Faculty may face limitations if they conflict with the institution’s religious values.
  • While religious institutions may be more vulnerable to ideological conformity based on their foundational beliefs.

What are the concerns about Minority Status criteria?

• Governance Structure: Presently, the judges have argued that a university should not be granted minority status just because it has a governance structure/infrastructure similar to other universities.
• Exclusive Communal Character: According to the judiciary, the minority status should depend on an institution primarily serving one particular community. However, this approach could limit the diversity and inclusivity that universities should promote.
• Universities vs. Religious Institutions: The universities should not be treated like religious institutions, which have specific beliefs defining their identity.
• Expecting secular universities to segregate based on community contradicts the principles of Article 30 of the Indian Constitution, which supports inclusive education for all.

What needs to be focused?

• Emphasize the Incorporating Act: Justice M.H. Beg, in Xaviers Case (1974), clearly stated that any law forcing a minority institution to give up its fundamental rights would be considered invalid.
• Determining Criteria for Minority Status: The Chief Justice pointed out that simply mentioning the founder’s name in the law should not be the only factor in deciding minority status.
• For example, other institutions face much stricter government oversight than AMU, including the power to dissolve them due to the unavailability of such criteria.
• Need to increase the Government Regulations: Regulations mainly ensure that institutions operate efficiently and meet standards, not to determine whether they are minority institutions.
• Increased government control is generally justified to protect the interests of non-minority students and others affected by decisions made by minority management.

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