Lesson from West Bengal law: Indian universities need to go from ‘control model’ to ‘liberty model’

The Inter-University Transfer Bill passed by the West Bengal Assembly allows the Governor, as ex-officio chancellor of state universities, to transfer university teachers to other universities, in consultation with the state government. This bill represents the "control model" of higher education, where the government exerts excessive control over institutions of higher learning.

The Chief Minister has admitted the bill's intention to "punish" employees of a particular university, which could be a ground to challenge the legislation as unconstitutional. The law may be unconstitutional because no provision of law can target a particular group without violating their rights. There are significant legal issues in the new Bill, particularly how it alters the terms of contracts between universities and their employees.

Universities are autonomous institutions and not government departments, governed by their own Acts, which means teachers should not be transferred as "punishment postings" but rather to help under-staffed universities or for a semester through deputation. The government's lack of understanding of students' preferences and expectations, as well as the over-regulation and underfunding of universities, call for a shift from the "control model" to the "liberty model" of university governance.

The "liberty model" requires acknowledging the autonomy of universities, trusting vice-chancellors appointed by them, and democratizing internal governance, including involving students in decision-making processes. Universities must become student-centric, allowing faculty members the freedom to speak and write, and promoting free inquiry and intellectual progress.