The University is administratively functioning without any statute for the last 11 months. The Clause 28 (1) of the Nalanda University Act (now available on the website) says, ‘the first Statutes shall be made by the Governing Board, with the prior approval of the Visitor, within six months of the commencement of this Act, for operation of University’.

A grace period of six months was allowed to the University in good faith. No university or autonomous body can start functioning, recruit employees, disburse salaries or take administrative decisions without approved statutes in place. The University indulged in all these unauthorized activities. Now the Governing Board has proved that it has no intention to frame statutes and get them approved by the Visitor. Additionally, the confusion over the identity of Visitor (whether it is the President of India or ex-President Dr. APJ Abdul Kalam) shows that the Governing Board is serious neither about the Visitor nor about the Statutes.


While the Governing Board found enough time to indulge in flowery talks about Nalanda University on international forum, and recruit their protégés in the University, it displayed neither inclination nor competence to draft the first statutes. For Universities formed under Central Act (or Provincial Acts), the first statutes are passed as part of the Bill, being contained in the scheduled. The Central Universities Act, 2009 also followed this pattern. An exception was made for the Nalanda University but institution seems to have taken unfair advantage of it.

The undated press release, sketchily describes the deliberations at Nalanda University Governing Board meeting held in Beijing. The press release inter alia says, “The meeting in Beijing marked the transition from the planning to the implementation stage of the Nalanda University project. The Board adopted the concept notes for the two schools of Historical Studies and Environment and Ecology. The Schools will begin with the appointment of a critical mass of faculty. Preparations were also made for launching the Global Design Competition to ‘Masterplan’ the Campus and also the first buildings on the campus”.

It is not clear under what authority, and by what rules, the University is indulging in all these activities. Clauses from 14 to 20 of the Nalanda University Act, 2010 describe that all positions from Chancellor to petty officials need to be filled in a manner as described in the statutes. But while statutes are not in place, functioning of the University are as good as illegal.

The Clause 8 (2) of the Act authorizes the Nalanda Mentor Group (NMG) to exercise and discharge the functions of the Governing Board for a period of one year or such time till a regular governing board is appointed, whichever is earlier. The NMG has practically consumed the whole time, without displaying any intention of quitting power.

The composition of the regular governing board has been described in Clause 7. It should include one member, not below the rank of Secretary, to be nominated the MEA; two members representing Bihar to be nominated by the state government; one member not below the rank of Additional Secretary from the HRD Ministry; three renowned academicians or educationists to be nominated by the Government of India. There would be five members from amongst ‘Member States’ who have given highest financial assistance during the three years. The regular governing council shall hold powers for a period of three years.

There is nothing on record to prove that the interim Governing Council made any attempt for smooth transition of power to a regular governing council. Did the University write to the Ministry of HRD? The University, however, to bolster its international image is emphasizing most on members from the ‘Member States’ (what it prefers to call Participating Countries). It says that the deadline for donation or pledge of donation is October end, 2011.

In the list of ‘Participating Countries’ the university has displayed the national flags of 16 East Asian Summit countries. This is despite the fact that no country has signed any legally binding treaty or intergovernmental agreement on India or University of Nalanda. Thus no country, except India, can be said to be member country of the Project.
The contentious issue of Vice Chancellor’s appointment, which lawmaker N.K. Singh promised to raise at Beijing meet, was also given a miss. The Vice Chancellor-designate traveled as one group with the rest of the Board. It is all in one family- akhir ghar ki baat hai! Since ‘great’ Amartya Sen has ‘defended’ Gopa Sabharwal, it should prevail over the law of the land! The NMG has acted like an NGO.

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