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Governors are appointed as chancellors of universities in India. Currently, several states are taking legal action to remove governors from the role of chancellor. Is this possible?
The governors of the respective states are the chancellors of the universities in India.
While this has been the practice since the inception of the universities, in recent times there has been constant conflict between the state governments and the governors acting as chancellors of the universities.
Subsequently, states like West Bengal, Kerala, Tamil Nadu have enacted laws to remove governors from the post of chancellors of universities. But since the governors themselves are in a position to give their assent to the laws, they are delaying their assent. Due to this, the conflict between the state government and the governors continues. Especially in the state of Kerala, this issue has reached its climax.
How did governors become chancellors of universities?
As far as universities in India are concerned, each university is created by separate laws.
That is, when a state decides to establish a university, it enacts a law for the same. Those universities will run on the basis of that law. When these laws are made, they are made with governors as ministers.
For more than a century in India, governors have been recognized as university chancellors. This custom originated in British India. Since the establishment of Madras, Bombay and Calcutta universities during the British rule, the governors of the respective provinces have been the chancellors.
This practice continued even after the independence of India. Andhra Pradesh only had a system where the Chief Minister was the University Chancellor for a few years. Later the law was changed so that once again the Governor was the chancellor of the university.
Governors are appointed as chancellors of the university as individual persons. Governors who act as chancellors often do not interfere in the day-to-day operations and functioning of universities. The University administration is headed by the Vice-Chancellor.
The Chancellor’s work in universities consists of participating in convocation ceremonies, approving the conferment of honorary degrees, and conducting inspections of universities in states like Gujarat, Bihar, Jharkhand.
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The Chancellor can, if he thinks fit, declare any action of the University to be invalid. They can also participate in Governing Body and Academic Committee meetings. But the relationship between Chancellors, Vice-Chancellors, State Chief Ministers and Ministers of Higher Education is not clearly defined in terms of University Acts.
Important actions are often done by tradition. There is no problem in this as long as there is amicable relationship between all parties. But the situation gets complicated when someone with a conflicted mindset comes into a role.
Not only now, but also in the past, many universities have clashed between the governors and the state government. In the early 1950s, when Sir Girija Shankar Bajpai was Governor of Bombay, he and state Chief Minister Morarji Desai clashed over the appointment of members of Poona University.
When this was taken to the central government, it was said that the governor’s decision was correct.
Since the Congress party was in power in most of the states till the general elections of 1967, there were no major conflicts between the governors and the state governments in terms of ministers. But now, in many states, the government of the party in the alliance against the central government or the state parties are in power and the contradictions are ending.
Most of the conflicts arise in the appointment of vice-chancellors.
It is in this situation that the state governments in various states are enacting laws to change the section where the governor holds the post of chancellor.
On June 13 this year, the West Bengal government passed a law to replace governors with chief ministers as chancellors of 31 universities in the state. (The then Governor Jagdeep Dhankar sent this bill back).
In April this year, the Tamil Nadu government passed two bills in the legislature (Tamil Nadu Universities Amendment Act, 2022 and Madras University Amendment Act, 2022) transferring the power of appointing vice-chancellors from the governors to the state government. These bills have not been approved yet.
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Maharashtra and Kerala Laws
In 2021, the Government of Maharashtra passed an Act. Before the enactment of the Act, the state government would send a list of five members to the Chancellor to appoint Vice-Chancellors. The Chancellor may appoint one of them as Vice-Chancellor. Or request a new listing.
According to the law passed in 2021, only a list of two people will be presented to the chancellor. One of them should be appointed as Chancellor and Vice-Chancellor. Can’t ask for another list. Now the Eknath Shinde led government has decided to withdraw the bill.
Similarly, the conflict between the state governor Arif Mohammad Khan and the state government over the appointment of vice-chancellors in Kerala has reached its worst stage.
Subsequently, on November 8, the state legislature passed a bill to remove the governors from the post of chancellors of 14 universities in the state. Precedents and conventions often dictate whether governors should listen to the state government when acting as chancellors.
Some court decisions have also been published in this regard. A Supreme Court judgment in 1997 said that governors as chancellors need not consult the state cabinet while taking decisions.
What will happen in the future?
The Sarkaria Commission and the Poonchi Commission (2010) on Centre-State Government Relations emphasized the same point. However, the Sarkaria Commission said that the Governor should avoid giving any responsibility not conferred by the Constitution. The Poonchi Commission also pointed out that the governor should only fulfill constitutional duties as the chancellor would lead to many controversies.
When the Government of West Bengal enacted the Act, the recommendation of this Commission was indicated. (The commission made several recommendations, including the need for a mechanism by which state legislatures could remove state governors, and that governors should be appointed in consultation with state chief ministers). Can Governors be removed as Chancellors?
Many state governments are trying to remove the governors from their role as university chancellors due to constant conflicts. Some state governments are trying to reduce their powers. Is this possible? It is possible, says Hari Paranthaman, a former judge of the Madras High Court.
“Each university is constituted by its respective state law. Governors are mentioned as chancellors in that law. That law can be amended,” he said.
But the problem is that the state governors themselves have to approve the amended law. “This problem cannot last long. I think in future governors will not continue as university chancellors,” says Hari Paranthaman.
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