The Kerala legislature on Tuesday (March 25) cleared a draft bill that will henceforth provide access to private universities in the state. The Kerala State Private Universities (Establishment and Regulation) Bill, 2025, was cleared after two days of legislative debate. It was tabled in the legislature last week and sent to a subject committee for examination.
This marks a significant shift in the stance of the Left which has historically opposed private involvement in education in the state. Currently, Kerala is the only state without private universities. Here is what to know.
GOVERNMENT NOMINEES
The Kerala State Private Universities (Establishment and Regulation) Bill provides for government representatives or nominees in all three key decision-making bodies of private universities – the governing, executive, and academic councils.
The governing council of the university will manage its operations and make its regulations. It will comprise three government nominees among its 12 members – the Secretary of the Higher Education Department, a second Secretary, and a noted academician nominated by the government. Four among the remaining eight members will be nominated by the sponsoring body that establishes the university.
The executive council of the university will manage the university's funds and assets. One of its nine members will be a government nominee. Likewise, the academic council, which will make recommendations to the university on matters of an academic nature, will consist of three government nominees. The government nominees in both councils will be present at all meetings where decisions concerning government policies or instructions are to be made.
MULTIPLE CAMPUSES
The bill provides for the creation of 'multi-campus' universities. It mandates 40% reservation of seats in every course for permanent residents of the state. Of these, reservations for SC/ST/OBC students would be applicable, said the state's Minister for Higher Education, R. Bindu.
STUDENTS' COUNCIL
The bill also makes provision for a students' council with the Pro Vice-Chancellor as its head. It will consist of 10 student members elected by the students, one student from the SC/ST category, and two women students.
REGULATORY BODY
As per the bill, this body would be formed by the government "to promote teaching, research, development, training."
How is it different from legislation in other states?
Based on the University Grants Commission's 2024 figures, there were 471 private universities in the country. Gujarat has the maximum number of private universities (65), followed by 53 each in Rajasthan and Madhya Pradesh.
There are some states that have general legislation governing private universities, such as Haryana, Uttar Pradesh, Gujarat, Tamil Nadu, and Andhra Pradesh. In others, such as Karnataka, there is a specific Act for the establishment of every university.
The level of state representation in the university's bodies and the percentage of seats to be kept for students of the state differ from state to state. According to the Private Universities Act 2019, in Tamil Nadu, 35% of seats in each course will be reserved for state students, while it is 40% in Karnataka. Haryana's 2006 Act reserves at least 25% of the seats in the university for students of the state, of which 10% are for the Scheduled Castes of Haryana.
Haryana and Karnataka have provisions for state governors acting as the Visitor of private universities, but the bill in Kerala does not have any mention of a Visitor. Apart from conducting the convocation, the Acts in Haryana and Karnataka also state that the Visitor can request information on the university and give directions if the university is found not to be following the rules.
TN allows two government representatives in the executive council, whereas in Haryana, the governing council shall have one government representative. The Karnataka Acts allow a government representative and a government nominee on the Board of Governors of the concerned university.
Why did the state decide to introduce private universities?
Bindu informed that the bill was prepared after the Shyam Menon Commission in its 2022 report, recommended the same. The Commission for Reforms in Higher Education, to give it its full title, was established soon after the 2021 assembly election and was led by Shyam B. Menon, ex-vice Chancellor of Dr. B. R. Ambedkar University, Delhi. This, says the minister, is part of a 2021 election campaign pledge to establish Kerala as a center of higher education.
She further stated the report quoted the number of private institutes in the state as being more than government institutes, with some of the private institutes being of substandard quality.
"If you consider state higher education institutions today, there are only 20% that are government, and 80% are private, aided and unaided," she added. "Today, children are mortgaging ancestral land to go abroad, and the education loans are available now. Our kids are also going to private colleges in Bangalore…we can at least get them to stay back here."
She also stated there was a "dogma" of perceiving education in private schools as a status symbol to enhance a feeling of false prestige, rather than going to a public university. "It is not that our public universities are of poor quality. There is good quality, and good instructors, but to go to a government-run institution is shameful," she stated.
How has the Left's position regarding private institutions in Kerala shifted?
Earlier, the CPI(M) and its student organization, the SFI, strongly opposed the entry of the private sector into education. The Left objected to private polytechnics during the 1980s and a medical college in the cooperative sector during the 1990s, objected to the then Congress-led United Democratic Front (UDF) government's move for permitting self-financing engineering and medical colleges in the early 2000s, and awarding autonomy to some colleges during 2014. They claimed that private management would have free reign without the oversight of the government, leading to the "commercialisation" of education.
Bindu explained this shift, stating, "Years ago, the plan was to ruin our public universities and indiscriminately privatise. As part of that, unaided institutions started sprouting up. In that scenario, it privatisation was incorrect. It is not the case today. Today, we are prioritising and consolidating the public sector while opening up the potential for private investment."
UDF Opposition leader VD Satheesan explained that they don't resist private universities within the state but that the bill does not provide answers to key questions plaguing higher education within Kerala. "These are matters of brain drain and a drastic reduction in student intake in government, aided, and unaided colleges," he explained, noting seats falling vacant in the state's colleges.