The Ministry of Education on January 21 made public a draft of the much talked-about higher education bill to guide Nepal’s university education. It sets the criteria for establishing new universities while categorising existing ones. However, it has met with more criticism than appreciation from academicians who say the universities will be under the dominance of bureaucracy and politicisation will continue to prevail if the bill is endorsed in its present form. They have demanded redrafting the bill.

Here is all you need to know about the controversial draft bill.

Why is a new law needed?

The bill envisions legal oversight for establishing, operating and supervising universities and higher education institutions. Over the years, there has been a demand for an umbrella law that entirely guides the country’s university education. Though the draft bill doesn’t replace the laws of the existing universities and deemed universities, it sets the legal ground for establishing new universities and higher education.

What are the major provisions in the draft bill?

Unlike in most universities, the bill envisions a board of trustees as the supreme entity of any university. It bears the authority to develop the academic, managerial and other needed policies. Under it are academic and executive councils to manage the academic and administrative areas. Chancellor, vice-chancellor, rector and registrar would be the major positions in the university as per the bill. It proposes the education minister to be the chancellor while the vice-chancellor, appointed by the board of trustees, would be the executive head of any university or deemed university at the federal level. The chief minister has been proposed to be the chancellor of provincial universities.

Currently, the prime minister is the chancellor and the education minister pro-chancellor of the central universities.

The draft law envisions three types of universities—central, provincial and deemed. It proposes the Tribhuvan University, the Nepal Sanskrit University, the Agriculture and Forestry University, the Nepal Open University, the Lumbini Bauddha University and the Kathmandu University as central universities. Pokhara University, Purbanchal University, Mid-Western University, Far-Western University, Rajarshi Janak University and Madan Bhandari Technical University will have five years, from the day the law comes into force, to meet the criteria to qualify as central universities. If they fail, they would be categorised as provincial universities.

As per the law draft, the University Grants Commision will be replaced by the High-level Education Commission led by the education minister. The Grants Commission currently acts as a liaison between the government and the universities and facilitates the institutions in their operations. The education commission, the bill envisions, will develop necessary policies and ensure quality.

Why are academics criticising the draft bill?

The academicians say the bill contradicts the established principle that universities must be autonomous. They have opposed the proposal for an education secretary to be a member of the board of trustees and on the committee to select the vice-chairperson of the education commission. “It is clear that the bill was drafted by bureaucrats. The universities will be under the hegemony of bureaucrats if the bill is endorsed,” said Kamal Krishna Joshi, a former vice-chairperson of the Grants Commission. “Only academics should have a say in any decision relating to university education.”

Despite reiterated commitments from the political leadership that independent personalities should lead the universities, the draft bill envisions having the education minister and chief minister as the chancellor of the central and provincial universities, respectively.

“It is better to shut down all the universities if the prime minister, education minister or chief minister continue to become the chancellors,” said Mana Prasad Wagle, a professor at Kathmandu University. “The politicisation, which is the root cause of worsening education, will not stop as long as the political figures are given a role in the universities.”

Prime Minister Pushpa Kamal Dahal and his ministers, on several occasions, have claimed that they are working to restore public trust in higher education by ending political interference. Addressing the Kantipur Education Summit on January 2, Dahal claimed that the law was being formulated to appoint independent personalities as university chancellors.

“We have started discussions to appoint academic people and experts as the chancellor of universities,” he had said, stating that the government had already made necessary preparations for an integrated higher education bill. He had further said there would be no politicisation in universities anymore and all the appointments would be based on meritocracy.

But contrary to his claim, the bill he talked about envisions having the education minister as the chancellor.

For years, educationists have spoken against the chancellor position given to the prime minister. They argue that a board of trustees composed of the nation’s eminent personalities, not the prime minister or the education minister, should have the authority to manage the universities.

How does the government respond to the criticism?

Officials at the education ministry say the bill was made public to collect feedback from the stakeholders. They claim that they are happy to revisit the bill if necessary. Putting forth his views in an interaction by the University Grants Commission on Tuesday, Suresh Adhikari, the education secretary, said they have taken positively the criticism, which would be taken into account while finalising the bill. “This is not the final draft. We are open to redrafting it if necessary,” he said.

What next?

If the officials’ commitment is anything to go by, the bill will be drafted again. It will then be sent to the Ministry of Finance and the Ministry of Law, Justice and Parliamentary Affairs for their consent. Once they give their green singles, the education ministry will present it to the Cabinet for approval.

The bill will then be registered in the federal parliament. It can also be revised by parliamentarians if necessary. The Dahal administration has listed the higher education bill as a priority and wants it endorsed by the upcoming House session. The winter session of Parliament, also called bill session, begins on Monday.