Academics reject draft law that ‘politicises’ universities

A draft law on universities and higher education in Nepal has met with fierce criticism from the country’s academics who say it allows political leaders and bureaucrats to become involved in policy decisions at universities.

Over the years, academics and some members of parliament have been demanding that universities should be kept beyond the reach of the political leadership, arguing that politicisation is a root cause for the deterioration of quality in the sector which has led to a high number of Nepali students leaving the country for higher education abroad.

Academics have been lobbying for universities to be allowed to function autonomously.

Under existing legal provisions, the prime minister is an ex-officio chancellor and the education minister is an ex-officio pro-chancellor of all universities in Nepal. However, the draft higher education bill, made public on 21 January, and which sets out criteria for the establishment of new universities, also envisages the education minister as a chancellor of central (national) universities and provincial chief ministers as chancellors of provincial universities.

Unlike the current administrative system in most universities, the draft law envisages the board of trustees to be the supreme body of the universities but led by the chancellor who is a political figure. The chair of the board would have overall authority to supervise universities and issue directives.

“Politicisation is never going to stop as long as the prime minister, education minister or chief minister continue to become chancellor,” said Mana Prasad Wagle, a professor at Kathmandu University. “Universities must be run by academics, not by politicians or bureaucrats,” he emphasised.

Nepal currently has 13 national and five provincial universities, while three more are planned at the centre.

Political affiliation

Since the restoration of democracy to Nepal in 1990, the appointment of office bearers – vice-chancellors, rectors and registrars – has been based on their political affiliation. For instance, Dr Dharma Kanta Banskota, the immediate past vice-chancellor of Tribhuvan University, the country’s oldest and largest university, was appointed as part of the CPN-UML (Communist Party of Nepal-Unified Marxist Leninist) quota because the party was in power at the time. Tirtha Khaniya, who preceded Banskota, was a member of the Nepali Congress party.

“The appointment of party affiliates as university officials has been possible because the prime minister and education minister hold crucial roles in the universities. If we continue to allow political leadership to become chancellors, no force can stop our universities from further dwindling,” said Bishnu Raj Upreti, former chairperson of the Policy Research Institute, a government-led think tank.

Until now the prime minister appointed vice-chancellors based on the recommendation of a committee led by the education minister.

With political affiliates driving the universities, the appointments of lecturers has also become politicised, with proximity to political parties prioritised over merits, according to academics. Consequently, this has ruined the academic environment, they say.

Students seeking study abroad

In the fiscal year 2022 to 2023, as many as 110,000 students in Nepal acquired ‘no objection certificates’, which are required to study abroad. The rise in numbers of outbound students has left domestic universities and colleges suffering from a shortage of students. Most colleges and universities are unable to fill seats even in the technical streams.

Keeping universities away from the shadow of politics would be a first step towards retaining students within the country, according to the academics. “There must be a provision in the bill for a legal action against university teachers, staff and students if they are found indulging in party politics and [they should] become automatically disqualified for … service in the university,” said Wagle.

The academics say forming a board of trustees as the supreme body to govern the universities is an established practice worldwide aimed at running them independently. However, who becomes a member of the board is more important. They argue the board should be composed of the nation’s eminent personalities, not politicians or bureaucrats.

In addition to having the education minister as the board chief, the draft law proposes an education secretary as a member. This provision has also been criticised on the basis that the composition of the board fully conflicts with the idea that universities must be autonomous entities. The critics say the board must be given every responsibility, from the appointment of chancellor or its chairperson to the selection of the vice-chancellor and other officials.

Proposal to scrap existing commission

The law also proposes the scrapping of the University Grants Commission (UGC), replacing it with a High-Level Education Commission chaired by the education minister.

The UGC currently acts as a liaison between the government and the universities, and facilitates the operations of institutions. The education commission, as per the draft law, will develop necessary policies and ensure quality of tertiary education.

“I don’t see any logic behind dismantling the UGC and replacing it with a high-level commission. The draft bill must be rewritten not by bureaucrats but by experts,” said Kamal Krishna Joshi, a former vice-chancellor at Tribhuvan University.

Government officials say the draft bill was made public for feedback and they are open to any criticisms. Shree Prasad Bhattarai, a joint secretary at the Ministry of Education, Science and Technology and chief of the higher education division, said they are ready to rewrite the bill if needed.

“We will review the feedback and modify the bill if needed. This is our priority bill which will be presented in parliament [at the] earliest possible,” he said.