Skidding the way

J.M. Manly avers in the Cambridge History of English Literature, ‘Fourteenth century was a dark epoch in the history of English’. This statement is both historically and linguistically correct when applied to the medieval period. The English Language was in infancy and required the hands of a craftsman and the mind of a genius to reach its maturity. This task was left to no other than Chaucer because other notable writers of the age namely Wycliffe, William Langland and Gower wrote little in English. Even Shakespeare felt doubtful about the future of English in sixteenth century when much had already been accomplished, but it was Chaucer who adopted a distinct style in writing in English. Literature and language were in the process of formation, which were established on firm foundations by Chaucer. That is why Dryden hails Chaucer as ‘Father of English literature’.

English is linguistically divided into three periods: Old English dating from 5th to 14th century, Middle English from 14 to 18 century and the Modern English from 18 century to present day. Chaucer was born in what is called the Age of Middle English. His style and contribution to the English Language are remarkable. That is why David Daiches avers, “with Chaucer English language matured”. The remark is true as earlier writers like King Alfred used English as it was and made no significant changes.

The Prologue is Chaucer’s most celebrated and established work in which he uses a narrative style to express his viewpoint. He uses several poetic devices to liven up his style. Chaucer followed the rhetorical principles laid down by Gaufred de Vinsauf in his “Nova Poetria. These principles are description and narration. His descriptive and narrative technique is nowhere so visible as in the Canterbury Tales. In the prologue, he uses mainly the descriptive style and in the Tales, he employs the narrative style. The most remarkable thing is that he consummates the his style as averred by Robert P. Miller, “Chaucer subtly adapted language and perspectives to his individual tellers and thus established a model for Shakespeare and the Elizabethan dramatists” Why Robert Miller or David Daiches credit Chaucer can be best understood by examining the salient characteristics of his style.

Firstly, Chaucer’s style is marked by lucidity of expression, joyous originality and easiness free of ambiguities and direct philosophical maxims. In describing nearly all his characters, he uses colloquial language easy to understand for a common man. For example, Chaucer says, Knight was as meeke as maide or Prioress leete no morsel falle from his lippes. His similes and metaphors are befittingly employed throughout the Prologue. Secondly, his style is not bookish or crammed. His style is rather cultivated and tailored as much to the intellectuals as to the laymen. This is the reason The Prologue has been popular with men of all levels of understanding. Thirdly, style is humorous and ironical. His style is not pointed like that of Juvenal or Swift, he does criticize society, in fact his Prologue is a criticism of life in the words of Matthew Arnold as literature should be, but he passes from character to character with a smile and uses irony as his weapon to attack the follies of society rather than satire. His ironical remarks about Monk are worth quoting, What sholde he studie and make hymselven wood and further Chaucer remarks Lat Austyn have his swynk to hym reserved. Chaucer ironically remarks about Monk, I seyde his opinioun was good. His light ironical style places his with Horace. Fourthly, Chaucer takes up the description of his characters from the positive traits and jumps to the negative ones to startle the reader. Squire, Prioress and Wife of Bath are good characters in the first few lines, it is just after a few remarks, that we come to understand their real nature. Fifthly, his style is not ostentatious. He doesn’t exhibit his art through his style. We simply see the picture of society and not the technique through which it was drawn. So Chaucer believes in the words of Swift that real art lies in the concealment of art.

His style is narrative, descriptive and reflective and has all qualities of speech. His sentences are short and simple in their structure. His stylistic qualities and poetic genius contributed to English what no other did before his time as ascertained by David Daiches with Chaucer, the English language and literature grew at a bound to full maturity. No other Middle English writer has his skill, his range, his complexity and his large humane outlook. His light humor and ironical pieces have rendered such services to English, which can only be compared to those of Emperor Augustus in Ancient Rome who found Rome as brick and left it as marble. An apt remark from Lowell will finely conclude the topic that Chaucer found English in dialect and left it a language.

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Whether you’re starting out or you’ve been in business for 30 years, one thing remains true, as a contractor you can make a lot of money. You might think, you’ve learned everything you possibly can about your business and you could be right, but what if you’re not.

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It’s called education, it’s that simple. If you want to make more money as a contractor you need to educate yourself. You need to educate yourself constantly about new products, construction methods and even business.

This article isn’t just about making money as a contractor, it’s about changing your life as a contractor. If that’s all you want to do is make money, you need to get out of the construction business and become an investment banker, stockbroker or create something that every one needs.

Successful contractors fill a useful need in society. They repair damaged buildings, build new homes and remodel existing ones. They build highways, hospitals and schools. Most of our successful contractors are extremely educated in the construction business and in life, in general.

If you really want to make more money as a contractor, I’ve given you the best piece of advice I could ever give anyone. Education is the key to anyone’s success and contractors are no different.

The government has finally given its approval to the Foreign Educational Institutions Regulation of Entry and Operations, (Maintenance of Quality and Prevention of Commercialization) Bill 2010 (“Bill”). The bill seeks to regulate entry, operation and restriction of foreign universities in India. However shortly after the Union Cabinet cleared the long-pending draft bill that allows foreign education providers to set up campuses in India and offer degrees independently, most of the Indian opposition parties objected to the bill, slamming it as “commercially driven” and one that would breed inequity. As long as the opposition concerns over issues such as equivalence/parity of degrees, fee structures and equity in terms of access to all students remains, passage of the bill in the Parliament looks tough.

Though, the present FDI policy allows 100% foreign investment in the education sector including higher education, foreign universities are currently not allowed to directly offer degree courses in India. It is estimated that nearly 150 foreign institutes offer courses with Indian varsities under a twinning arrangement, i.e. a part of the course in India and remaining abroad but most of them do not have all required accreditation from the regulatory bodies. The existing arrangements are regulated by the All India Council for Technical Education Regulations for Entry and Operations of Foreign Universities in India Imparting Technical Education, 2005 (“Foreign Universities Regulations”), which is presently applicable only to technical and management institutes.

Some of the reported provisions forming part of the present bill approved by the Union Cabinet include:
• Different levels of registration process for getting registered with the University Grants Commission (“UGC”) or any like regulatory body. Subject to necessary approvals by the UGC, a foreign university could be registered as a ‘deemed university’ under the relevant provisions of University Grants Commission Act, 1956.
• A corpus fund of INR 50 Crore (US$ 10 Million Appox.) is required to be deposited by intending foreign university;
• Such foreign universities would be established as “not for profit” companies under Section 25 of the Companies Act and thus cannot take the profit back. Similar provisions are applicable to Indian private universities and deemed universities as profit making activities in education sector is frowned upon by the regulators;
• Foreign universities can however provide consultancy services, faculty development and other like activities and the profit generated from those projects can be repatriated back. Similar structures are being adopted by Indian private universities;
• a time bound process for granting approval to foreign educational institutions to set up campuses;
• scrutiny of proposals of aspiring institutions on the basis of their previous experience, faculty strength, reputation etc;
• Quota laws providing reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes, may not be applicable to foreign universities setting up campuses in India.

It is indicated that various foreign institutes are already keen to set up campuses in India and these institutes are viewing the recent development with great interest. Thus, legislation of the bill would open a huge market for international educational institutions and collaborations with Indian universities.

The bill once finalized and enacted, is expected to bring huge foreign investment in Indian education sector and support the Indian Government in its commitment to increase public private participation in education sector and raise the college going ratio to 30 per cent by 2020 as compared to the present 12 per cent of all school-leavers entering college. It is also being claimed that this will put India as a “preferred destination for attaining education” on the global knowledge map as it will not only bring down the number of Indian students going out for higher education (estimated to be 1.6 lakh Indian students every year with an outflow of about 7.5 billion of foreign exchange per annum) but would also attract foreign students from south eastern countries.

Besides this, it is also expected to create new business opportunities for the Indian educational players and new and better salaried job opportunities for the teachers, administrative and technical staff.

While the bill is likely to benefit Indian students by increasing choices presently available to them and help in overall development of the education system in India especially the higher education system, there are still several questions left unanswered such as the lack of regulatory clarity and level of governmental inference, lack of independent regulator (non-government body), compliance with mandatory campus infrastructure and development requirements, flexibility in fee fixation, taxation, closure of universities, etc.

In the absence of the actual Bill being publicly available (it will be available once it is being presented in the Parliament) the above views are based on the earlier version of the Bill publicly available and recent public discussions on the bill.

Seema Jhingan
sjhingan@lexcounsel.in

Areas of Practice:

Infrastructure, Telecommunications, Power, Mergers/Acquisition, Software/Information Technology, Business Process Outsourcing, Media & Entertainment, Private Equity and Venture Capital, General Corporate and Commercial, International Arbitration.

Professional Summary:

Seema Ahluwalia Jhingan’s practice spans over fourteen years during which she has acquired substantial expertise in representing developers, sponsors/lenders, venture capital investors, international corporations, financial institutions, and other strategic investors involved in the establishment, development and financing of major infrastructure and IT projects in India.

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