The State government’s “pressing” political objective of removing the Governor as Chancellor of State universities seems unlikely to materialise anytime soon.
On Monday, Governor Arif Mohammed Khan asked Raj Bhavan’s standing counsel to explore the option of sending the University Laws (Amendment) Bill, which seeks to negate the role of the Governor as the Chancellor of Universities, to the President.
Mr. Khan seemed to have applied the dictum that “no one should be a judge in their own cause” (Nemo judex in causa sua). Mr. Khan had applied the same maxim by withholding assent to the Kerala Lok Ayukta (Amendment) Bill. The Bill, passed by the Assembly and not signed into law by the Governor, seeks to emplace the Chief Minister as appellate authority if the Lok Ayukta, an anti-corruption watchdog, declares a “corrupt” Minister unworthy of high office. Mr. Khan reportedly saw a conflict of interest in the legislation. The Governor’s refusal to give assent to the Bill remains one of the several sore points between the Raj Bhavan and the government.
The Congress-led United Democratic Front (UDF) Opposition voted against the Bill. Nevertheless, the Congress, reportedly under duress from the Indian Union Muslim League (IUML), extended qualified political support to the legislation seeking to remove the Governor as Chancellor.
The UDF moved two amendments, which the Assembly rejected by vote. During the debate, the Opposition demanded that only a retired Supreme Court judge or the Chief Justice of the Kerala High Court be appointed Chancellor to insulate the jurisdiction autonomy of varsities from political interference. The UDF also insisted that a panel headed by the Chief Minister, Leader of the Opposition and Chief Justice of the Kerala High Court select the Chancellor.
The government partially agreed to the demand by including the Opposition leader on the selection committee. But it rejected the UDF demand to include the Chief Justice of Kerala on the selection panel and instead proposed the Speaker. The Opposition viewed it as a move to stack the selection committee in favour of the ruling front.
The UDF also said the Supreme Court stressed that the University Grants Commission norms passed by the Lok Sabha prevailed over any State University law, a position consistent with that of Mr. Khan.
