Article:
In a recent development, the Kerala Assembly has introduced amendments to the governance of State Universities through the University Laws (Amendment) Bills. One of the prominent changes brought about by this legislation is the removal of the Governor as the Chancellor of State Universities.
The Dispute Between the Governor and the Kerala State Government
For quite some time, tensions have been escalating between the Governor and the Kerala State Government. This discord took a turn for the worse when the Governor denied assent to the controversial Lok Ayukta (Amendment) and the University Laws (Amendment) Bills, previously passed by the State Assembly.
The strained relationship reached a peak with a Supreme Court order declaring the appointment of the APJ Abdul Kalam Technological University (KTU) Vice-Chancellor (VC) as unlawful on the grounds of it contravening University Grants Commission (UGC) regulations. Consequently, the Governor demanded the resignations of 11 other VCs who were appointed through the same process deemed illegal by the Supreme Court.
The University Laws (Amendment) Bills and Their Implications
The proposed legislation seeks to modify the statutes of 14 universities established by legislative Acts in Kerala and replace the Governor as the Chancellor of these universities. The bills aim to confer the government with the power to appoint distinguished academicians as Chancellors, thus curtailing the Governor’s oversight role in university administration.
This new direction, however, raises concerns over the preservation of university autonomy. Critics argue that if Chancellors are appointed by the Government, they would be compelled to favour the ruling front, leading to biased appointments and undermining the independence of the Universities.
Appointment Procedure for Vice-Chancellor under UGC Regulations
According to the UGC Regulations of 2018, the VC of a University is generally appointed by the Visitor/Chancellor from a panel recommended by a duly established Search cum Selection Committee. The Visitor has the authority to request a new panel if dissatisfied with the given one. In Indian universities, while the President of India serves as the ex-officio Visitor of all Central Universities, the Governor of respective states acts as the Chancellor of state universities.
The Powers of the Governor and President in Relation to Universities
In State Universities, the Governor functions independently of the Council of Ministers and makes decisions on all University matters. For Central Universities, under the Central Universities Act of 2009, the President of India presides as the Visitor.
As the Visitor, the President is given the power to authorise inspections of academic and non-academic aspects of the Universities and also initiate inquiries. Chancellors in Central Universities are titular heads appointed by the President in this capacity, and their main role is to preside over convocations.
Recommendations for Ensuring University Autonomy
The M. Anandakrishnan Committee, which was established by the Kerala State Higher Education Council in 2009, recommended that universities should maintain complete autonomy in both academic and administrative matters. They advised the creation of statutory structures that would keep the Governor and Minister for Higher Education away from the daily administration of the universities.
In addition to this, the Punchhi Commission’s recommendations on Centre-State Relations suggest that the Governor should not be burdened with roles and powers that aren’t specified in the Constitution and may cause controversy or public criticism. Implementing these suggestions can guarantee university autonomy and prevent ruling parties from exercising undue influence on the functioning of universities.