The story so far: Kerala government has tabled University Laws (amendment) Bills in the State Assembly to amend laws relating to the governance of State universities and remove Governor Arif Mohammed Khan as the Chancellor of State universities. This rounds off several weeks of political confrontation between the LDF Government and the Raj Bhavan that began with the Supreme Court’s invalidation of the Kerala Technological University (KTU) Vice-Chancellor’s (VC) appointment on the grounds that it violated University Grants Commission (UGC) regulations. Following this, Mr. Khan had sought the resignations of 11 other VCs on the ground that the government had appointed them through the same process deemed unlawful by the apex court.
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What are the University Laws (amendment) Bills?
The proposed legislations will amend the statutes of 14 universities established by legislative Acts in Kerala and remove the Governor as the Chancellor of those universities. The Bills will supplant the Governor and give the government power to appoint eminent academicians as Chancellors of various universities, thus ending the Governor’s watchdog role in university administration. The Bills also provide provision to limit the term of the appointed chancellor to five years. However, it also says that the serving chancellor can be reappointed for another term.
Why did the State government decide to curtail the Governor’s powers?
Mr. Khan and the State Government had been at loggerheads for months now. It reached a simmering point when the Governor accused Kannur University VC Prof. Gopinath Raveendran of plotting to endanger his life at the 2019 Indian History Congress, which was held at Kannur. Mr. Khan was referring to noted Historian Irfan Habib allegedly heckling him on stage.
Kerala Governor Arif Mohammed Khan speaks to media personnel | Photo Credit: PTI
This took a turn for the worse when the Governor denied assent to the controversial Lok Ayukta (Amendment) and University Laws (Amendment) Bills earlier passed by the State Assembly. The fallout from this stand-off between the Governor and the Government led to Mr. Khan claiming that he has the power to dismiss ministers who criticise him. Mr Khan even went to the extent of suggesting that the Chief Minister should take action against Finance Minister K.N. Balagopal as he has “ceased to enjoy my pleasure.”
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The worsening relationship between the State Government and Mr. Khan reached a tipping point with the Supreme Court order invalidating KTU VC’s appointment.
Taking a cue from the judgment, the Governor demanded the resignations of 11 other VCs claiming that they were appointed through the same procedure that was invalidated by the apex court. He also went on to appoint Ciza Thomas as KTU VC- in- charge, bypassing the Government nominees. This led to Left-alligned student and employee organisations boycotting the VC, and Mr. Khan accusing that the State Government had “initiated the process of the collapse of the constitutional machinery” by threatening him with dire consequences and not permitting the VCs appointed by him from performing their duties.
He then demanded the resignations of 11 other VCs claiming that they were appointed through the same procedure that was invalidated by the apex court.
What are the State government and the ruling front’s stand on amending University laws?
The LDF government argues that the legislations are intended to insulate State universities from the Sangh Parivar agenda that was allegedly being implemented by Governors across the country.
Minister for Law, P. Rajeeve, while tabling the Bills, pointed out that the UGC guidelines, which earlier used to be considered mandatory for Central universities and “partially mandatory and partially directive” for State universities, had been made legally binding for all universities by way of recent rulings by the Supreme Court. “Worryingly, such precedence pointed towards a scenario in which the legislative powers of the Assembly on all subjects on the Concurrent List (of the Constitution) could be undermined through a subordinate legislation or an executive order issued by the Centre,” he said.
Moreover, the State government has claimed the recommendation of the Punchhi Commission on Centre-State Relations to refrain from “burdening the Governor with positions and powers which are not envisaged by the Constitution and which may lead the office to controversies or public criticism” as the rationale behind the Bills.
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What are the arguments against the bill?
As described above, the Bills would give the State Government more leeway in appointing its own nominees as VCs of State Universities. This would mean a transfer of power over university administration from the Governor and the UGC to the State Government. While both the ruling front and the Opposition UDF seem united in stripping away the Governor’s Chancellorship, the opposition fears that the State Government would try to turn State universities into its fiefdom. UDF leaders claim that as Chancellors would be appointed by the Government, they would be indebted to the ruling front, thus leading to the erosion of Universities’ autonomy.
Leader of the Opposition V.D. Satheesan also claimed in the assembly that the proposed legislation, if passed by the State legislature, would not survive the test of law as it conflicts with the UGC regulations. Meanwhile, Mr. Khan has said that he would not give assent to the Bills if it violates UGC guidelines.
How can this issue be settled while maintaining the autonomy of State universities?
A probable solution to the tug-of-war between the Governor and the State government regarding the governance of State universities was put forward by the M. Anandakrishnan Committee set up by the Kerala State Higher Education Council in 2009 to review the Acts of Universities of Kerala. The committee, led by renowned academician Prof. Anandakrishnan who was then chairman of IIT Kanpur, had recommended that universities should have complete autonomy in academic and administrative matters.
The committee suggested creating statutory structures that would distance the Governor [as Chancellor] and Minister for Higher Education [as Pro-Chancellor] from the day-to-day administration of the universities. It also recommended immediate incorporation of UGC Regulations, 2010 in the university Acts/Statutes/Regulations. Moreover, the Supreme Court decision to invalidate KTU VCs appointment and the Kerala High Court’s subsequent order to pull the plug on the appointment of the VC to the Kerala University of Fisheries and Ocean Studies suggest that Kerala needs to review the statutes governing individual universities in the State recognised under Section 12(B) of the UGC Act of 1956 and bring them in line with the UGC Regulations.
(With inputs from Sarath Babu George, K.S. Sudhi and G. Anand)
