The Legacy of Educational Institutions

Law and Christian Witness: The Legacy of Educational Institutions 

John Amalraj K

Published in Christian Manager: Dec ’18 – Jan’19 Issue

Jesus’s legacy on the earth was a community of disciples not an empire, an institution or an organization.   Jesus’ ministry flourished outside the existing Jewish religious institutions.  His disciples expected Him to overthrow the Roman rule and establish the throne of David. Jesus told Pilate that His Kingdom was not of this world (cf Jn 18:36).   The community of disciples after the ascension of Jesus into heaven experienced persecution for a few centuries until the Edict of Milan in 313 AD that established religious tolerance for Christianity within the Roman Empire.  This brought into existence an institutional structure for the Church recognised by the government of the day.   We in India have inherited this institutional legacy through the British rule.  

Historical Background Theological Institutions (Bible Colleges and Missionary Training Institutions)

William Carey and his colleagues established the Serampore College in 1818 for training Indian Christians in Theology along with other streams like Arts, Science and Commerce.  As the Indian church grew – theological institutions and Bible colleges were established by the various denominations in affiliation with the Serampore College which had the legal sanction to award theological degrees.   The need for an evangelical emphasis in theological training arose and the Asia Theological Association (ATA) was founded in 1970 to emphasize the evangelical faith of the church.  Later in 1994, India Missions Association founded the Indian Institute of Intercultural Studies (IIIS - formerly called Indian Institute of Missiology) where primarily missionary training institutions founded by cross cultural mission agencies were affiliated.    All these institutions are focused on training pastors, missionaries and evangelists for the church in India and fall under the category of religious education.  Both ATA and IIIS do not have the university status in India to award degrees but do so with International affiliations with other accrediting bodies. These institutions are established as a religious society or trust under the minority rights and the freedom of religion rights bestowed by the Constitution of India. 

Accreditation: India’s higher education system is the third largest in the world, after China and the United States. Yet the system is tottering. The enrolment ratio of students from the secondary education to university has a dismal ratio of about 10 percent compared to more than 60% in US and Europe. It is in this context that we need to view the legal requirements for the existence of a theological institution. Theological education comes under the field of religious education and therefore no recognition or accreditation is normally possible with the UGC. Private higher educational institutions are required to fulfill the minimum criteria in terms of programmes, faculty, infrastructural facilities, financial viability, etc., as laid down from time to time by UGC and other relevant statutory bodies. However UGC has clarified that there is no bar on theological degrees being conferred by recognized universities and deemed university colleges.

Theological institutions, Bible Colleges and missionary training centres (an estimate of around 250) do not yet have recognition directly by the University Grants Commission of India (UGC). The only exceptions are those theological institutions and Bible colleges that have affiliation with the Serampore Senate that was established by the Dutch Royal Charter and then recognized by the British government and eventually by the West Bengal State legislature. (the Serampore college Arts, Science and Commerce streams are affiliated to the Calcutta University.) The Sam Higginbottom University of Agricultural, Technology and Science (SHUATS) in Allahabad which now has a theology department was founded by missionaries but recently received the University status through an Act passed by the state legislature. Recently universities in the North East India like Martin Luther Christian University, William Carey University, North East Christian University have been established by law passed by the respective state legislature. These universities are also planning to award degrees in theology and affiliate some of the existing institutions. There are a few Christian colleges with deemed University status or affiliated with the local state university for some of the theological courses they offer.

A few have received accreditation with local State universities on allied subjects like ‘Advanced Christian Studies’, Counseling, Anthropology, Sociology, Christian History, specialization in ancient languages like Hebrew and Greek etc., This may resolve the accreditation and offer legitimacy for the existing institutions.

We must be aware that the UGC may take necessary action against a private university or college awarding a first degree and / or a postgraduate degree/diploma, which are not specified by the UGC, and inform the public in general through a public notification. A private university continuing such programme (s) and awarding unspecified degree(s) shall be liable for penalty under Section 24 of the UGC Act.

Registrations for Educational Institutions: 

There was a time, when we can open a school, as part of our mission without being concerned about legal compliances. In the present context Christian schools, vocational training centres, colleges, have to seek appropriate registrations. There are several authorities such as the State Education Board, Central Board of Secondary Education (CBSE), Council for Indian School Certificate Examinations (CISCE), All India Council for Technical Education (AICTE), the Bar Council of India (BCI), the Distance Education Council (DEC), the National Council for Teacher Education (NCTE), etc. A society registration or a trust registration alone is not sufficient. If any institution is run without a registration and compliance to the requirements established by law the risk of the government acting against it cannot be stopped. We must also be aware that there is no one time registrations as periodic inspections and renewals have become mandatory.

Governance: Some of the leading educational institutions in the country were established by western missionaries who were affiliated to their historical parent denominations and mission agencies. Post independence,  the united denominational churches also established institutions to cater to their needs and for the larger mission. The newer denominations and church planting institutions have now established institutions in the mission fields. Finally there are private Christian individuals who have established institutions that are run through their family and friends who are appointed as trustees.  The challenge for institutions is a weak or a laid back governance style. Often governance is delegated to the head of the institution, who is seldom brought to any accountability. The vision of an institution has to be guarded normally by the governing board and not the head of the institution.

Many of the governing boards of institutions do not review the constitution of their society or Trust. The institutions which were passed on from founding western missionaries to the Indian successors need to review their governance structure. To prevent an institution drifting away from the vision or the mission of the founders, it is good to review the vision and mission once in a decade. The members of the governing body – called as the Board or Executive Committee or Trustees are given membership by virtue of their other positions and influence. Conflict of interest becomes a major factor which in the long term affects the health of the institution. “Integrity implies trustworthiness and incorruptibility to a degree that one is incapable of being false to a trust and responsibility[1].” Trustees, Board members and Heads of institutions are not the owners. They are stewards of the vision passed on from the founders. It is important to guard the ‘flame’ and pass this on to the next generation.

It is important that institutions must re-visit their vision and mission. In the changing political scenario it is important to renew their commitment to the original vision of the founders. Secondly it is also important to see how they can grow their institutions to become more relevant to the society around them without compromising the vision and mission. Finally it is important that the governance structures must be updated to comply with the new rules enforced by the government. Governance documents including bye-laws, management policies and standard operating manuals must be drafted and careful attention given to regular meetings and documentation of resolutions. It is a best practice for periodical rotation of office bearers and board memberships. This will bring in a culture of accountability into institutions. There are several organisational development consultants who can assist the institutions in this process.

Leadership Succession: An institution cannot grow beyond its leader. Leadership is very important for the stability and growth of an institution. The head of the institution must be appointed for a term and subject to renewals based on mutually agreed key performance indicators and periodical appraisals. The head of the institution must report regularly to the Board through the chair or the President of the society or Trust. “Accountability is a gift the governance function gives to the head of the institution and not a burden; accountability is an honour to Christ and is never an afterthought but a start.[2]” In the larger interest of the institution the leader must have a pre-determined superannuation age and term of office. This enables good leadership succession. No one is indispensable. Developing successors is different from appointment of a successor which is the role of the Board. Identifying a successor is a long drawn out process and never happens instantly. There could be unplanned events that will trigger the need for identifying a successor. It may be an accident, death, terminal / long term sickness, family crisis, spiritual crisis, leadership failure, political changes in the country, ……etc. Expected events like completion of terms, retirement, sabbatical leave, organisational structure changes, change of geographical location……etc. Some institutions name an interim leader or an acting leader for the position well in advance so that there is no ambiguity when an unexpected event occurs. Others create a policy that specify how and who will be appointed as an interim leader in the event of a crisis situation. These are some good practices that prevent uncertainty. We must develop multiple leaders across genders, regions and ministries. We must make room for the new emerging leadership. New leaders will have a different style and ethos that is needed for the present times.

Management: The management of an institution is focused on people, resources and systems. Most institutions started very small and therefore managing people and resources were more based on relationships than systems. However as the institution grows – legal compliances becomes necessary. This requires that a more professional approach to managing people and resources have to be adopted. This change in the organisational culture requires careful handling so as to not forget the vision and mission of the institution. Some institutions that are professionally run have lost their founding vision and mission. A balance has to be brought into the systems. However due to the necessity of the compliances – institutions cannot ignore professional management and introduction of systems. Mission institutions suffer from a faulty recruitment policy. Instead of recruiting qualified persons for various vacancies in the institution, the temptation to offer opportunities to acquaintances and extended family members based only on ‘compassion factor’ has become a source of perennial problem. Christian institutions do not exist for the purpose of providing employment to Christians. Nepotism and favoritism is the destroyer of institutions. The vision and mission of an institution is to provide education for people. Institutions do not exist for the sake of its staff or employees but for those whom they serve. People must be recruited who align with the vision and will contribute to the mission of an institution. Corruption in institutions comes down to individuals who create systems without accountability that centralizes power in the hands of a coterie who then manipulate to make personal profit from a public office out of greed and favoritism. Caution is the need of the hour.

The other major issue in Christian institutions is managing the performance of the staff and maintaining accountability and discipline. Somehow, there is a mistaken perception that assessing performance and rewarding or punishing is unspiritual. Disciplinary action is often considered to be very harsh. Christian employees expect sympathy and grace from the management. Management ignores, tolerates and even neglects disciplinary issues because of this false guilt. These result in the institution as a whole suffering for want of discipline. However when the management is forced to take action, they act hastily and ignore the general principles of natural justice, established case laws and other legal procedures. Discipline is a process that includes correction, reformation and restoration (Process of Redemption) with a view to developing the person so that they may contribute positively to the institution’s vision and mission. Institution must have printed service rules and regulations that are informed to all the staff to enforce discipline. This is a legal compliance requirement. However rules do not always help. Therefore in recent times more emphasis is given to the values. Values determine and guide the behaviour of the people in organisations. Values help in creating a positive organisational culture. Values replace rules and regulations and helps people to modify their behaviour according to the management’s expectations free from fear of punishment. Compliances with regard to staff and employees from payment of minimum wages, providing welfare benefits have to be strictly followed. There are also compliances regarding processes that prevent sexual harassment and protect children from abuse which every institution is required to implement.

Financial Resources: Financial resource is another issue in managing institutions. Many institutions rely on overseas funding and project grants to maintain their institutions. Infrastructures of institutions have been established through foreign funding. Most of the services rendered by the institution are subsidized. When professional management and systems are not introduced it is often found out that accountability in small and large financial transactions are questionable. Transparency is lacking and Christian witness is lost in the community. Regular internal audit apart from statutory audit builds accountability at every level. Efficient systems can be introduced so that those who are able to pay for services should be charged and only those who do not have the capacity to pay be subsidized or offered financial aid. Institutions are not profit centres. Cost accounting systems can help an institution to make decisions on how to economize and fix charges on the basis of no profit or no loss concept. Orphanages and care giving institutions can make funding proposals to the larger Indian community to raise local funding and sponsorships. Staff can be appointed exclusively to generate local donations and income that will be used in the operational costs of the institution. Educational Institutions can initiate scholarships to which local resources can be attracted. There are some corporate who will be willing to partner with institutions through their corporate social responsibility (CSR) programs. Relying only on foreign funding to run institutions is not the way forward.

Minority Institution Status and Charitable Status

The Constitution of India through the fundamental rights of minorities grants the freedom to conserve their own distinct language, script and culture[3]. This right grants the religious and linguistic minorities the right to establish and administer educational institutions of their choice. The state cannot discriminate in providing funds for any of the educational institutions run by the minorities on the basis of religion or language. The state cannot compulsorily acquire properties of educational institutions owned or administered by minorities without ensuring that their fundamental rights are not restricted. A fixed price should be settled in a way that does not deter the minority rights. 

There are three Supreme Court judgments on the minority rights to set up and govern educational institutions[4]. The first one is on recognition- the refusal to give recognition or affiliation by the statutory authority without just and adequate grounds (Managing Board of the Milli Talimi Mission Bihar and Ors. vs State of Bihar and Ors. 1984 (4) SCC 500). The second judgment is on the right to appoint staff in minority institutions even if they are receiving government aid (State of Bihar vs Syed Raza, AIR 197 SC 2425). The third judgment was on the rights and obligations of private unaided institutions run by minorities (T.M.A. Pai Foundation vs the State of Karnataka, (2002) 8 SCC 481 AIR 2003 SC 355).

It is important that theological, educational and training institutions seek minority status and register with the Minority Commission of India by fulfilling the requirements. If the institution in any way receives government aid or grant then the rights and obligations may be restricted to the extent the funds are used in running the institutions. Theological institutions and Bible colleges are often considered as religious institutions. If they need charitable status they need to be involved as an institution in charitable purposes as defined by the Income Tax Act which includes Relief of the poor, education, medical relief, the advancement of any other object of general public utility, preservation of environment (including Watershed, forests and wildlife), preservation of monuments or places and preservation of artistic or historic interest. The charitable activities must be for the benefit of a community or a section of the community and not for individuals. It is also important that the constitution of the institution must provide for these activities in their aims and objectives. Only public religious trusts and societies can claim exemptions from income tax.

The Changing Narrative 

Since the advance of the agenda of the Hindutva movement in the political scenario, we have seen the political narrative change the public opinion against Christian Institutions. The recent political atmosphere of religious and communal polarisation has attributed motives to the management of Christian institutions. The seed of suspicion has been sown in the minds of the public at large. 

It is in this background that we need to see the increasing scrutiny of the government agencies. The present theological institutions, Bible colleges and trainings centres have the basic infrastructure to expand their horizon to offer higher education in the main stream courses under UGC for the sake of building the nation and not just remain exclusive in the religious education field.  Christian educational institutions serve a greater purpose.   It is to fulfill the Great commandment of our Lord Jesus to love our neighbors as ourselves.

John Amalraj served as staff with India Missions Association (1993-2005) and Interserve India (2006-2017). Presently as a mission field Partner of Interserve he is involved in mobilizing churches for missions, mentoring leaders, enabling strategic thinking and envisioning Christ’s disciples to witness in the marketplace. John is married to Jessie who serves as an English Language trainer. They are blessed with two sons, Jason (25) and Joash (17).

The earlier articles published in Christian Manager in the series on ‘Law and Christian Witness’ are: ‘What Is Our Vehicle for Ministry’ - April-May 2018, ‘Why Must We Pay Taxes?’ - June-July 2018, ‘Why Do We Need Labour Laws?’ - Aug-Sept 2018, ‘Asserting Our Constitutional Rights’ - Oct-Nov 2018.

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[1] Chris Wright, (Devotional talk during the Operation Nehemiah Consultation, Bengaluru, 28-29 September 2015)

[2] Ibid.,

[3] Devadasan, E. D., Rights of the Minorities under the Constitution, Management of Indian Missions, Chennai: India Missions Association,1998, pp 99 - 101

[4] Himani Singh, https://blog.ipleaders.in/minority-educational-institution-constitution/ accessed on December 16, 2018.