The provision in the Kerala University Act that the Pro-Chancellor shall exercise the power and perform all the functions of the Chancellor in his absence or inability to act could apply as Kerala Governor Arif Mohammed Khan has expressed his unwillingness to be the Chancellor, according to Kaleeswaram Raj, a lawyer at the Supreme Court of India.
“His absence as the Chancellor of State Universities is a reality now. The provision in the Act has to be interpreted purposively to ensure that no vacuum is created,” he told The Hindu amidst the continuing deadlock after the Governor announced his decision to relinquish the post of the Chancellor, alleging political interference by the Left front government over the appointment of Vice Chancellors .
R. Bindu, Minister for Higher Education, is the Pro-Chancellor of Kerala University.
Stating that the enactment should be given a meaning that serves the purpose for which it is made, Mr. Kaleeswaram Raj pointed out that an absence is created by the Governor on his own volition. “Given the stipulations contained in the statutory provision, you will have to interpret the rule in such a way that the vacuum is filled up by a person, who is named in the enactment,” he said.
On reports that the Governor as Chancellor had recommended the Kerala University Vice Chancellor to confer Honorary D. Litt on the President Ram Nath Kovind, Mr. Kaleeswaram Raj said that the role the Governor, as the Chancellor, is not a Constitutional role. “It’s only a statutory role. Therefore, you cannot rely on the Constitution to define which are all the matters, where the Governor can exercise the power. What remains is the statutory provision, which says that he will be the Chancellor,” he said.
“As Chancellor, he can make a recommendation or a suggestion, but not anything more. That recommendation or a suggestion will not be binding on the university as it is a decision that lies with the other bodies of the university and to be delivered as per the provisions of the Act,” he added.
