25.1 Bare Act Provision
22. Right to confer degrees.—(1) The right of conferring or granting degrees shall be exercised only by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 or an institution specially empowered by an Act of Parliament to confer or grant degrees.
(2) Save as provided in sub-section (1), no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree.
(3) For the purposes of this section, “degree” means any such degree as may, with the previous approval of the Central Government, be specified in this behalf by the Commission by notification in the Official Gazette.
25.2 Explanation
The UGC has been vested with the power over the entire gamut of granting degrees, by University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an Institution specially empowered by an Act of Parliament to confer or grant degrees.[1] The power to confer a degree is a statutory power of Governmental nature.
Section 22 of the UGC Act, 1956, restricts degree-granting authority to recognized universities established by Central/State laws, deemed universities, or institutions empowered by Parliament. Unaffiliated colleges cannot award degrees, making affiliation mandatory for legitimacy. Without it, institutions lose credibility, as students cannot earn recognized degrees. This forces colleges to affiliate with UGC-approved universities to conduct exams and grant degrees. Affiliation ensures quality control and validity of qualifications, directly impacting student enrollment and institutional survival. In short, Section 22 makes affiliation non-negotiable, colleges must align with approved universities to exist meaningfully in India’s education system.[2]
Before UGC Act, there was no legislation in India which prohibited any individual or body from establishing a university and conferring degrees and diplomas. Section 22 prohibited privately established universities from conferring degrees and restricted such conferment to universities established by Acts passed by State legislatures or Parliament or institutions which were deemed to be universities in the manner provided by the Act.[3]
The University Grants Commission Act is made nugatory as private universities are offering courses without subscribing to the standards laid down by the UGC and there being no homogeneity of the course content, the degree awarded may not be of any value. The private universities are offering unheard of courses and degrees which are not part of schedule to the UGC Act, which is in clear violation of Section 22 of the aforesaid Act and the Schedule appended thereto. It is important to note that in view of Section 22 of UGC Act, the right of conferring or granting degree can be exercised only by University or an institution deemed to be University under Section 3 of the aforesaid Act or institution especially empowered by an Act of Parliament to confer or grant degrees. What is a degree and what it connotes is not given in the UGC Act. [4]
The right to confer Degrees under Section 22 of the UGC Act is made available to a University including an institution deemed to be a “University” as declared under Section 3 of the UGC Act, which right is not exercisable by any other educational institution.[5] It is necessary to read the expression “established or incorporated” in this Section as “established and incorporated” insofar as private universities are concerned. Therefore it is only after establishment of the basic requisites of a university such as classrooms, library, laboratory, offices and hostel facility, etc. that private universities should be incorporated and conferred a juristic personality.[6]
Sub-section (1) of Section 22 which occurs in Chapter IV declares that ‘the right of conferring or granting degree shall be exercised only by a University established or incorporated by or under a Central Act, a provincial Act or a State Act or an institution deemed to be a University under Section 3 or, in institution specially empowered by an Act of Parliament to confer or grant degrees. Sub-section (2) emphatically declares that save as provided in Sub-section (1), no person or authority shall confer or grant or hold self or itself out as entitled to confer or grant any degree. Sub-section (3) defines the expression ‘degree’. It means any such degree as may, with the previous, approval of the Central Government, by specified in this behalf by the on by notification in the official gazette.[7] The UGC with the approval of the Central Government and exercising power under Section 22(3) of the UGC Act has issued a schedule of degrees which may be awarded by the Universities.
25.3 Critical Analysis
Procedural Delay: The process of defining and updating the list of approved degrees is characterized by a significant lag between academic innovation and legal recognition. Sub-section (1) limits the right to confer degrees to established universities. For a new, high-quality private institution to reach Deemed to be University status under Section 3 or get a specific State Act passed, the procedural journey involves multiple inspections and compliance cycles that can delay the first batch of graduates from receiving a valid degree by 3 to 5 years. Under sub-section (3), a degree is only what the Commission specifies by notification in the Official Gazette with the previous approval of the Central Government. If a university wants to launch a modern, interdisciplinary degree e.g., B. Tech in AI or a Master’s in Sustainability, it cannot legally call it a degree until the UGC updates the gazette.[8] This process often takes years, forcing students to graduate with nomenclature that may be outdated. When Indian students return with foreign degrees or when new professional courses are launched, the UGC’s delay in notifying these as specified degrees under sub-section (3) prevents these graduates from applying for government jobs or further studies.
Constitutional Validity and Ultra Vires: Section 22 is the definitive exercise of the Union’s power to “determine standards” in higher education. The Court struck down a State law that allowed universities to be established by a mere notification without infrastructure. Conferring degrees is a serious matter of national standard, and only institutions that truly function as universities can exercise the right under Section 22.[9] If a university grants a degree that is not notified in the Official Gazette under sub-section (3), that degree is ultra vires and legally non-existent. The universities cannot bypass the Commission’s specified degree list, even if they are established by a State Act.[10] Sub-section (3) requires the UGC to get the Central Government’s approval before notifying a degree. If the UGC notifies a degree without this approval, the notification is ultra vires of Section 22.
Room for Misinterpretation: The rigid definitions in Section 22 create several legal loopholes and areas of confusion. Many top-tier colleges are autonomous but cannot grant degrees; they must use the name of the parent university. Misinterpretation often occurs among students who believe the autonomy includes the Section 22 right, which it does not.[11] The phrase hold himself or itself out as entitled is frequently misinterpreted. Does a Diploma or a Post Graduate Diploma like those from IIMs before they became universities, count as holding out as a degree? For decades, this ambiguity allowed institutions to grant Diplomas that were functionally degrees but legally not, creating a shadow market in higher education. Since sub-section (3) allows the UGC to specify what a degree means, the Commission can technically exclude certain types of learning like online or distance learning, from the definition of a degree. This has led to massive litigation by students who find their degrees are not recognized because of the mode of delivery rather than the content.
Colonial Era Policy and Irrelevance: Section 22 represents the Gatekeeper model of education, which is increasingly at odds with the global Micro-credential movement.In the colonial era, the British used the Right to Confer Degrees to ensure that only a few, elite, government-controlled institutions could produce graduates for the civil service. Section 22 continues this by making the institution more important than the knowledge.In the modern economy, Skills and Certifications from tech giants like Google or Microsoft, are often more valuable than a Degree notified in a 1956-style Gazette.[12] Section 22 is becoming irrelevant to the job market, as employers move toward Skill-based hiring while the UGC remains obsessed with the Degree nomenclature. The Academic Bank of Credits allows students to earn credits from multiple institutions.[13] This fundamentally challenges the Section 22 model where a single university grants a single degree. The colonial monopoly on degrees is being dismantled by the modern unbundling of education, making Section 22 a candidate for major legislative reform.
[1] Sikkim Manipal University vs Indira Gandhi National Open University [AIR 2016 (NOC) 155 (SIK.)]
[2] Shri Krishna Rangnath Mudholkar vs Gujarat University And Ors. [AIR1962GUJ88]
[3] Prem Chand Jain & Anr vs R. K. Chhabra [1984 CHANDLR(CIV&CRI) 265]
[4] Prof. Yashpal & Anr vs State Of Chhattisgarh & Ors [2005 AIR SCW 1168]
[5] Bar Council of India v. Saveetha Institute of Medical and Technical Sciences & Others, Madras High Court – W.A.No.929 and 933 of 2006
[6] Sarvoday Kelavni Samaj vs State Of Gujarat [AIR 2016 (NOC) 243 (GUJ.)]
[7] Unni Krishnan, J.P. And Ors. Etc. Etc vs State Of Andhra Pradesh And Ors. Etc. Etc [(1993) 1 SERVLR 743]
[8] “Specification of Degrees”, Notification no. F.1-52/97 (CPP-II), University Grants Commission.
[9] Prof. Yashpal & Anr vs State Of Chhattisgarh & Ors [2005 AIR SCW 1168]
[10] Annamalai University V. Secretary to Government, Information and Tourism Department, [(2009) 4 SCC 590]
[11] UGC Guidelines For Autonomous Colleges, University Grants Commission
[12] “IT Certifications vs. Degrees”, Western Community College, Dt. August 9, 2025, available at: https://wcc.ca/blog/it-certifications-vs-degrees/, last visited on 19.3.2026
[13] The National Education Policy (NEP) 2020
