Law Ministry scraps Ministry of Education proposal on IIMs

Law Ministry scraps Ministry of Education proposal on IIMs

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Anupama Mehra
Assistant Manager – Content
New Delhi, Updated on Feb 11, 2021 09:30 IST
The MoE proposed the said order under Section 38 of the IIM Act, which allows the government to remove teething difficulties in implementing the new law within three years of its enactment.

The MoE proposed the said order under Section 38 of the IIM Act, which allows the government to remove teething difficulties in implementing the new law within three years of its enactment.

The Law Ministry has rejected the proposal moved by the Ministry of Education (MoE) seeking powers to initiate an inquiry against the Board of Governors (BoG) of an IIM if it's ostensibly found to be acting in the contravention of the IIM Act. 

On December 6, as per media reports, the MoE had shared a draft executive order with the Law Ministry that if approved by the latter, will not only have empowered the government to initiate an inquiry against an IIM BoG but also dismiss the Board.

The MoE proposed the said order under Section 38 of the IIM Act, which allows the government to remove teething difficulties in implementing the new law within three years of its enactment.

In a meeting held last month, the Law Ministry is learned to have objected to the MoE’s proposal on the ground that it is inconsistent with the provisions of the IIM Act, which gives unprecedented autonomy to the 20 business schools, and that any provision permitting the government to take punitive action against the institute can only be introduced through an amendment in the law.

The IIM Act, which came into effect on January 31, 2018, gives sweeping powers to all 20 business schools, including the appointment of directors, chairpersons and Board members. Earlier, for instance, the director was appointed by the Board but with the prior approval of the Appointments Committee of the Cabinet (ACC) headed by the Prime Minister.

The MoE’s proposal came amid the current standoff between the Government and IIMs over the one-year MBA degree.

In July 2020, the MoE had red-flagged the one-year executive MBA degree saying that it is “not in accordance with the UGC Regulations”, which mandate that a Master’s degree should be of two years, not one.

The IIMs, in the government’s view, violated that provision. In a letter, the business schools were directed to “act in conformity with the UGC Act 1956”.

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Anupama Mehra
Assistant Manager – Content

She has over 10 years of experience in the education and publishing sectors. She specialises in exam coverage and content creation. At Shiksha, she writes, analyses, and presents information for students preparing f

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