University charter

Not to be confused with Charter school.

A university charter is a charter issued by an authority to create or recognize a university. The earliest universities – Bologna, Paris and Oxford – arose organically from concentrations of schools in those cities, rather than being created by charters. The first university charters were issued in Europe in the 13th century, with the University of Naples created by a charter of Emperor Frederick II in 1224, widely considered the first deliberately-created university (studium generale). King Alfonso VIII of Castille issued a charter in 1208 to create the University of Palencia but the status of that institution is doubtful. The first papal creation was the University of Toulouse in 1229, via a papal bull of Pope Gregory IX. Through the 13th century, most university foundations continued to develop organically, often by migrations of scholars from other universities, but by the start of the 14th century either a papal bull or an imperial charter was considered necessary.^[1]

Papal letters and bulls to create universities fell into four categories: Firstly, the creation of a new university where no school had existed before (e.g. Prague in 1347–48); secondly, the refoundation of a university that had vanished or substantially declined (e.g. Perpignan in 1379); thirdly, the apparent creation of a new university where one already existed (e.g. Montpellier in 1289); and finally, the confirmation of an existing university (e.g. Salamanca in 1255).^[2]

Canada

Most Canadian universities derive their degree-granting authority from acts of the relevant provincial legislature (e.g. York University Act). Some older universities, including the University of Toronto and McGill University, derive their authority from a royal charter.

India

In India, a university is established through a formal legislative process.

First, a bill is introduced in either the Parliament of India (for central universities) or the state legislative assembly (for state or private universities). The bill is debated, may be referred to committees, and must be passed by a majority in the relevant house(s) of the legislature. It then receives the assent of the President of India (for central universities) or the Governor of the state (for state or private universities). Once the act is notified in the official gazette, the institution gains legal status as a university and is empowered to confer degrees.^{[citation needed]}

Central universities are created when the Parliament of India passes an act defining their objectives, powers, and governance structure. These institutions are funded and managed by the Government of India through the Ministry of Education and are regulated under the University Grants Commission Act, 1956.^{[3][non-primary source needed]}

State universities (public) are established through legislation passed by the state legislative assembly of a particular state. They are funded and governed by the respective state governments, but must conform to the guidelines set by the University Grants Commission (UGC).^{[citation needed]}

Private universities are also established through state legislative acts, but they are sponsored and managed by private organizations such as educational trusts or societies. They must comply with the UGC (Establishment and Maintenance of Standards in Private Universities) Regulations, 2003 and obtain recognition from the UGC before they can award degrees.^{[citation needed]}

Once the relevant act is passed and notified, the institution gains legal status as a university, enabling it to confer degrees in accordance with the UGC Act, 1956.^{[citation needed]}

The deemed universities are universities that have been accredited by the UGC, under the Ministry of Education. These universities does not have an act which is passed by an assembly.^[4]

United Kingdom

College Charter Act 1871
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Law respecting the granting of Charters in certain cases.
Citation	34 & 35 Vict. c. 63
Dates
Royal assent	31 July 1871
Other legislation
Repealed by	Statute Law Revision (No. 2) Act 1893 Universities (Scotland) Act 1966 Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999
Status: Amended
Text of statute as originally enacted
Text of the College Charter Act 1871 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Most universities founded prior to 1992 were created by royal charter, although a small number were established by acts of Parliament.^[5] Being established by act of Parliament is sometimes referred to as being "chartered" in international works.^[6]

Chartered institutions – those incorporated by royal charter – differ from those established by other means in terms of their powers as a corporation, their legal relationship with the government, and the status of their members.^[7] Although university charters are issued as royal charters under the royal prerogative, the College Charter Act 1871 (34 & 35 Vict. c. 63) provides for scrutiny by the Parliament of the United Kingdom (or, since 1999, the Scottish Parliament for institutions based in Scotland) of draft charters that establish "any institution in the nature of a college or university".^[8]

Oxford and Cambridge developed organically prior to the use of charters to establish universities, although Cambridge received a papal bull in 1318 that either confirmed its status as a studium generale or conferred this status upon it.^[9] Oxford and Cambridge were formally incorporated by Act of Parliament in 1571 and are civil, rather than chartered, corporations.^[7] Three of the ancient universities of Scotland (St Andrews, Glasgow and Aberdeen) were established by papal bulls, while Edinburgh was founded by the town corporation under authority granted to it by a royal charter. All four ancient Scottish universities are now governed under the Universities (Scotland) Acts.^[7]

Durham University was established by an act of Parliament in 1832 and was later incorporated and confirmed by a royal charter in 1837.^[10] The University of London received four charters between 1836 (its founding charter) and 1863, but has been governed under an Act of Parliament since 1900.^[11] Durham and London are thus both statutory and chartered corporations. Newcastle University was separated from Durham and established as an independent university by an Act of Parliament in 1963 and was the only university before 1992 to be a purely statutory corporation. Other pre-1992 universities were established by royal charter alone and are chartered corporations.^[12]

Since 1992, almost all new universities have been promoted to that status by orders under the Further and Higher Education Act 1992. However, supplemental charters have been used to confer university status on institutions that already had a royal charter, such as Cardiff University (previously part of the University of Wales and chartered in 1884) in 2004^[13] and Imperial College London (previously part of the University of London and chartered in 1907) in 2007.^[14] Both new and supplemental charters have been used to effect the merger of institutions to form a new university, such as the new charter granted to the University of Manchester in 2004 on the merger of the Victoria University of Manchester and the University of Manchester Institute of Science and Technology,^[15] and the supplemental charter granted to the University of Wales, Lampeter (chartered 1828 as St David's College) in 2010 to form the University of Wales Trinity Saint David by merger with Trinity College Carmarthen.^[16] Most member institutions of the University of London were also established by royal charter. Twelve of these became universities in the early 2020s,^[17] with only the London School of Economics (incorporated as a company limited by guarantee) and Royal Holloway, University of London (statutory corporation) not being chartered.^[12]

United States

Federal

In the United States, the term "chartered university" is uncommon.^[18] However, there are several universities which are congressionally-chartered, due to their location within District of Columbia. These include American University, Gallaudet University, Georgetown University,^[19] Howard University, and George Washington University.

Other chartered universities include the colonial colleges, such as Harvard, which were chartered during the time of British colonialism.^[18]

The Institute of American Indian Arts was chartered by the federal congress in 1986.^[20]

The United States service (military) academies are not chartered, as they are agencies of the federal government itself.

State

Other universities are approved or authorized by state or territorial legislatures — sometimes via explicit charter — and may be public or private universities. The first state charter was issued by the Georgia General Assembly in 1785, establishing the University of Georgia.^[21] Other examples include the charters issued by the State of New York for New York University^[22] and Cornell University,^[23] or the charter of the University System of New Hampshire, part of the state statutes, which establishes the University of New Hampshire and other state colleges within the system.^[24] Sometimes, as with Penn State University, the "charter" is a collection of acts and decrees from state bodies rather than a single document.^[25] Acts that create universities may also be referred to as charters even when not explicitly described as such, as in the case of the California state legislature's organic act of 23 March 1868 that created the University of California, celebrated since 1874 as 'charter day'.^[26][27][28]