The recent decision by the Kerala High Court to restrain the state’s Governor from passing final orders on show cause notices issued to Vice-Chancellors of eight universities has sparked a discussion about the role of the Governor in university administration. The Governor had released these notices citing violations of University Grants Commission (UGC) norms in the appointment of Vice-Chancellors.
Governor’s Powers Over State and Central Universities
In most cases, the state Governor serves as the ex-officio chancellor of state universities. Although the Governor consults with the Council of Ministers on various matters, he acts independently when dealing with university matters.
In contrast, under the Central Universities Act of 2009, and other statutes, the President of India is the Visitor of a central university. Chancellors in central universities are titular heads who preside over convocations. They, and the Vice-Chancellors, are appointed by the President, acting as Visitor, from panels picked by search and selection committees formed by the Union government.
Original Intent of Governors Being University Chancellors
The original reason for making Governors serve as University Chancellors, and vesting them with certain statutory powers, was to safeguard universities from political interference. Notwithstanding, some university appointments made through the Governor’s discretion have faced criticism, highlighting a distinction between the Governor’s constitutional and statutory roles.
Recommendations of Sarkaria and Punchhi Commissions
The Sarkaria Commission observed that while the Governor is not required to seek the government’s advice in his role as Chancellor, the practice has been criticized. The Punchhi Commission further suggested that statutory powers should not be conferred on the Governor to avoid exposing the office to public criticisms or controversies.
The Role of the University Grants Commission (UGC)
The UGC, established under entry 66 of the Union List, plays a critical role in coordinating and determining standards in institutions for higher education. It ensures that these standards are adhered to in all appointments in universities and colleges, including Vice-Chancellors.
The Governor, often acting as the “Visitor/Chancellor,” appoints the Vice-Chancellor from a list of candidates recommended by search-cum-selection committees following UGC regulations. However, this process may sometimes face resistance from state universities.
Future Considerations
There are now suggestions for states to reconsider the practice of Governors also serving as University Chancellors. Despite this, it is crucial to devise ways to preserve university autonomy and protect them from undue influence from ruling parties.
Questions from Previous UPSC Civil Services Examination
In recent years, there have been several questions regarding the legislative powers of the Governor and his office during the UPSC Civil Services Examination. These include inquiries about his role in addressing the State Legislature, the legality of re-promulgating ordinances without legislative review, and the immunities provided to him under the Indian Constitution.
