Central and state governments in India share a critical relationship that occasionally becomes contentious, particularly over the appointment of Vice-Chancellors at state-run universities. A recent instance of this was observed in West Bengal, where a disagreement between the Chief Minister and the Governor about the appointment of senior professors as interim Vice-Chancellors drew attention.
The Role of the Governor and the President in Universities
In state universities, the Governor serves as the ex-officio chancellor, independently making decisions on university matters without the aid of the Council of Ministers. The Vice-Chancellor (VC), is typically appointed by the Visitor/Chancellor from a list of recommended names by a Search cum Selection Committee, according to the University Grants Commission (UGC) Regulations, 2018.
However, if conflict arises between the State University Act and the UGC Regulations, the UGC Regulations prevail, based on Article 254(1). It states that in case of any repugnancy between state law and parliamentary law, the latter should take precedence.
On the other hand, Central Universities are governed under the Central Universities Act, 2009. Here, the President of India functions as the Visitor of a central university. Chancellors have a limited role, often being merely titular heads. They’re appointed by the President and are responsible for appointing the VC from panels collated by Union government-formed search and selection committees. The President as Visitor has the authority to authorize inspections and institute inquiries.
The Role of Vice-Chancellor
Vice-Chancellors, considered the ‘Principal Academic and Executive Officer of the University’, provide a vital link between the executive and academic wings of a university. They need to possess certain values, personality traits, and demonstrate honesty in addition to academic excellence and administrative experience. They function as the ex-offico Chairman of various councils and committees and oversee that university laws and regulations are fully observed.
Disputes and Controversies in VC Appointments
Recent developments demonstrate the ongoing tug-of-war between Chief Ministers and Governors over VC appointments. Tamil Nadu Assembly passed two bills to transfer the power of appointing VCs from the Governor to the state government. The West Bengal Assembly also passed a bill to make the Chief Minister the Chancellor of all state-run universities, replacing the Governor. However, these changes require the assent of the Governor to be implemented.
Way Forward
While conflicts arise regarding the Governor’s role as the Chancellor, it is crucial to ensure that university autonomy remains protected from undue influence by ruling parties. There is a need for each state to reconsider its current practices and find alternative ways to safeguard the independence of their universities.
Preliminary and Main Examination Questions
Previous examinations have asked questions about the relationship between the Legislative Assembly of a State in India and the Governor. Understanding the rules and procedures that guide these relationships is important for examination preparation. Similarly, studying the legislation surrounding the appointment and roles of the Vice-Chancellor can provide valuable insights for candidates preparing for the UPSC Civil Services Examination.