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New Delhi,(BiharTimes):The international status of the Nalanda University is often cited to validate the fantastic salaries of the chosen few and exemption from UGC standards. Bihar Times had earlier argued that a claim to international status is legally untenable because no intergovernmental agreement or binding treaty exists on the subject. Nalanda is a University created under a Central Act. No other so called member state has endorsed this Act. Their response is limited to some encouraging remarks and monetary assurance that has no materialized till date.
But here is another evidence that Nalanda is a Central University. A body can legally be identified as ‘international’ if its highest position is open to persons of different nationalities. For instance, the post of Secretary General of the United Nations is open to persons of all nationality through voting. The East Asia Summit, which Nalanda University perceives as its substratum, is chaired by the head of the state of the host nation. The ASEAN (Association of Southeast Asian Nations) has a system that the Chairmanship would rotate annually based on alphabetic order of the English name of the state. The SAARC (South Asian Association for Regional Cooperation) and African Union also have a rotational system. The NATO (North Atlantic Treaty Organization) does not have formal system, and the Secretary General is chosen through consensus. At least there should be nothing in the charter of the organization that gives its highest position to people from one single country. For instance, it was a convention rather than rule to have an Egyptian Secretary General in Arab League, and thus this year he was upstaged by the Qatari candidate.
What about Nalanda University? The Clause 12 (1) lays down that the President of India shall be the Visitor of the University. President of India is the head of the Indian state. But the head of no other state of East Asian Summit has given that privilege. It might be argued that a person from another country can become the Visitor if the President of India so nominates him or her as per the same clause. But a similar clause appears in the Central Universities Act, 2009. Under Clause 8 (1) of that Act, the President of India is the Visitor of three central Universities mentioned in the Act. Under Clause 8 (2) the President can appoint one or more persons to review the work and progress of the University. They are assumed to be Indian citizens even though Central Universities Act does not specify it. Nor is it necessary to specify the same in the case of Nalanda. They are assumed to be Indians, as the Act is passed in Indian Parliament, and does not mention any one from member state. The prerogative lies with the President of India to nominate or remove the nominee.
In this regard, South Asian University (MEA), backed by an inter-ministerial agreement in 2007, is constitutionally ‘international’. This is because its Clause 10 (1) specifically states that - ‘The Foreign Minister of the current chair of the SAARC shall be the Visitor of the University’. It can be said to be an international university, legally. Also its audits, under Clause 25 (3) are to be done as per existing norms laid down by SAARC by firm or person authorized by the Governing Board. Nalanda University is subject to Comptroller and Auditor General of India for audit. Nalanda is a Central University, and must behave accordingly.
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