1.1 Bare Act Provision
THE UNIVERSITY GRANTS COMMISSION ACT, 1956 ACT NO. 3 OF 1956
[3rd March, 1956.]
An Act to make provision for the co-ordination and determination of standards in Universities and for that purpose, to establish a University Grants Commission. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:—
1.2 Historical Development
The first attempt to formulate a national system of education in India came in 1944, with the report of the Central Advisory Board of Education on Post War Educational Development in India. It recommended the formation of a University Grants Committee, which was formed in 1945 to oversee the work of the three Central Universities of Aligarh, Banaras and Delhi. In 1947, the Committee was entrusted with the responsibility of dealing with all the then existing Universities.[1]
It is the responsibility of the Parliament to ensure that proper standards are maintained in institutions for higher education or research throughout the country and also uniformity in standards is maintained.[2] In 1952, the Union Government decided that all matters pertaining to the allocation of grants-in-aid from public funds to the Central Universities and other Universities and Institutions of higher learning might be referred to the University Grants Commission. Consequently, the University Grants Commission (UGC) was formally inaugurated by late Shri Maulana Abul Kalam Azad, the then Minister of Education, Natural Resources, and Scientific Research on 28 December 1953.
1.3 Enactment
By 1953, the UGC was operational in an experimental capacity, and in 1956, it attained statutory status through the enactment of the University Grants Commission Act, thereby institutionalizing coordinated standards and resource allocation in higher education.[3] The University Grants Commission (UGC) became a statutory body of Government of India by an Act of Parliament in 1956, for the coordination, determination, and maintenance of standards of university education. The provisions of the UGC Act are binding on all universities whether conventional or open. Its powers are very broad. If mandatory provisions of the statute have not been complied with, the law will take its own course.[4]
The UGC, established in 1956, serves as the apex body for higher education in India. Its primary role is to coordinate, determine, and maintain the standards of university education, ensuring quality and promoting innovation across higher education institutions (HEIs).[5] While legislating for a purpose germane to the subject covered by that entry and establishing a University Grants Commission, Parliament considered it necessary, as a regulatory measure, to prohibit unauthorised conferment of degrees and diplomas as also use of the word `university’ by institution which had not been either established or incorporated by special legislation.[6]
1.4 Court’s Interpretation
The preamble of the UGC Act inter alia declares that it intends to make provisions for the co-ordination and determination of standards in the institutions.[7] The words “co ordination and determination of standards” would mean laying down the said standards as contemplated in this Act named “University Grants Commission Act, 1956”[8] The UGC Act was enacted to make provisions for the coordination and determination of standards in the Universities with the mandate to take such steps as it may think fit for the promotion and coordination of University Education and for the determination and maintenance of standards of teaching, examination and research in Universities.
The UGC Act, indisputably, governs open universities, deemed universities also. Unless a Private University is granted permission by UGC which can be obtained only after 5 (five) years of its coming into existence, the Private Universities cannot open any Off-Campus Centres, Off-Shore Campuses and Study Centres. It was held by the Court that the purport and object for which it was enacted must be given full effect.[9]
As can be seen from the preamble of the UGC Act, read with Sections 12-A, 12-B and 13, the important provisions therein which deal with the functions of the Commission and its powers, for the main purpose of performing its functions under the Act, the Commission may in consultation with Universities or other bodies concerned take such steps as it may think fit for the promotion and co-ordination of the University education and for the determination and maintenance of standards of teaching, examination and research in Universities.[10]
1.5 Critical Analysis
As the history of UGC as an authority unveils that, this organization was set in British era and still works on the age old framework even in independent India. As per the word ‘determination’, central authority UGC will determine the standards of education. As India is country of diversity, one central authority is needed for uniform standards of the higher education, so that standards of all the states will be maintained equally.
But the Act lacks to establish regional or State level or divisional level subordinate bodies working as per guidelines of the UGC and observing the quality and standards of the higher education under their jurisdiction. Keeping all the functions and powers associated with one single authority, without assistance of subordinate authorities may cause procedural delays in the process of educational advancements.
In 1956, the goal was basic standardization across a fledgling republic, as new nation was struggling hard to impart basic educational facilities to her people. In 2026, the requirement is excellence and international ranking. The lack of a specific mandate for Global Benchmarking in the preamble means the UGC often focuses more on minimum infrastructure, rather than encouraging peak performance. Although the focus is minimum required standards, still in India the newly pass-outs of any field are not at all job ready. There are still outdated syllabuses, which are not competing the modern day advancements. This means the minimum requirement of good standard quality higher education i.e. syllabus and other basic infrastructural requirements are not at all fulfilled by the UGC. It is highly criticized that UGC had failed to maintain the standard of education.
1.6 Need of Hour
At present time we require an authority that can facilitate the quality education and enhance innovation. The authority shall have a central top management guiding all the sub-ordinate bodies established at different levels from grass root to the top, for different streams of education. UGC constitutes different committees by inviting vice-chancellors of various universities to study the requirements in higher educations. These committees work and prepare reports, but it is question of investigation that how much recommendations are followed by UGC or government?
Instead of constituting various committees, if regional, state or divisional level sub-ordinate authorities are constituted to assist UGC to determine, enhance and facilitate modern educational needs, then this will work properly. It was intended in National Educational Policy, 1986, to establish state councils to assist UGC, but this had become just a paper note and we still not having that structured network for higher education purpose.
[1] Annual Report 2023-24, University Grants Commission, 2024
[2] Prof. Yashpal & Anr vs State Of Chhattisgarh & Ors [2005 AIR SCW 1168]
[3] Annual Report 2023-24, University Grants Commission, 2024
[4] Sikkim Manipal University vs Indira Gandhi National Open University [AIR 2016 (NOC) 155 (SIK.)]
[5] Annual Report 2023-24, University Grants Commission, 2024
[6] Prem Chand Jain & Anr vs R. K. Chhabra [1984 CHANDLR(CIV&CRI) 265]
[7] Dr. R.R. Patil And Etc. Etc. vs State Of Karnataka And Ors. [AIR 2002 KARNATAKA 211]
[8] Praneeth K vs University Grants Commission (Ugc) [AIR 2020 SUPREME COURT 5510]
[9] Sikkim Manipal University vs Indira Gandhi National Open University [AIR 2016 (NOC) 155 (SIK.)]
[10] K. Purushotham Reddy vs State Of A.P. And Others [2001(5)ALD250]
