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New Delhi,(BiharTimes): To describe the nascent Nalanda University as International is a matter of media convention rather than legal or diplomatic propriety. There is no such international treaty or Inter-governmental agreement as of date to substantiate such a claim. Not only no such agreement exists but it appears that the Ministry of External Affairs (MEA) never made any effort to solemnize one. It was apparently never listed on the agenda of the foreign minister or foreign secretary level bi-lateral talks. On the eve of the introduction of the Nalanda University Bill, 2010 in Parliament the Ministry had already abandoned such a pursuit. It began to claim the project as a regional initiative of India under ᴨe aegis of the East Asia Summit. It was evident from the reply to an Unstarred Question in Lok Sabha by Mr S M Krishna, Minister of External Affairs, on August 11, 2010. The Nalanda University was ultimately established under a Central Act.
The Ministry of External Affairs (MEA) had initially favoured the idea of Intergovernmental agreement. It is evident from the letter of Mr Pranab Mukherjee, the then Minister of External Affairs, wrote to Dr. Amartya Sen on June 28, 2007. An extract reads: Government of India has decided to revive Nalanda University as a Centre for Buddhist and Secular Learning with the active participation of countries within East Asia Summit which share a common interest in Buddhist heritage with India.
Elsewhere, it says under Point 3 the University itself will be established under an Inter-Governmental Agreement signed by Member States of the East Asia Summit. This letter is of considerable interest because it has been cited in the clause 3 (k) of Nalanda University Act, 2010. It was through this letter (vide its annexure) that the Nalanda Mentor Group was commissioned and its terms of reference were laid down.
No wonder, the Nalanda University Act, 2010 contains little reference to any treaty or intergovernmental agreement. Rather it begins with an interesting Preamble- の Act to implement the decisions arrived at the Second East Asia Summit held on the 15th January, 2007, in Philippines and subsequently at the Fourth East Asia Summit held on the 25th October, 2009, in Thailand for the establishment of the Nalanda University in the State of Bihar as an international institution for pursuit of intellectual, philosophical, historical and spiritual studies and for matters connected therewith or incidental thereto.
The decisions arrived at the Second and Fourth Asia Summit must be recalled. The Joint Press Statement of the 4th East Asia Summit on the revival of Nalanda University (2009) says they supported the establishment of the Nalanda University as a non-state, non-profit, secular, and self-governing international institution with a continental focus that will bring together the brightest and the most dedicated students from all countries of Asia. It is evident that Nalanda University has been established under a Central Act.
There is nothing in any EAS joint-declaration or Chairman’s speech that gives a binding commitment, diplomatic or financial, on Nalanda University. The member countries are free to associate and donate on voluntary basis with no obligation whatsoever. The latest position is reflected at in Chairman’s Statement, EAS Foreign Ministers consultation at Bali, Indonesia on July 2, 2011. The Ministers also noted the report from India on the progress of the Nalanda University project, and appreciated China’s pledge to donate one million US dollar to the project.
Nalanda is basically a Government of India project. However, the Nalanda Mentor Group, which is now the interim Governing Board, was full of non-resident Indians and non-Indians, who did not officially represent any country. It seems they were there through mutual acquaintance. As of date, the member states participating in the Nalanda project are not identified. It is not clear if a non-EAS Buddhist country or Western country want to join the project what would be Govt of India’`s response. Nalanda’s national character, let alone international, is under doubt. All its top positions including Vice Chancellor-designate, Officer on Special Duty and lately the Finance Officer are from Delhi University not through any notified recruitment process but through ‘mutual acquaintance’.
For East Asia Summit’s declarations regarding Nalanda University go to
http://search.mofa.go.jp/?q=nalanda
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