Following the decision by Kerala Governor Arif Mohammed Khan to fire nine vice-chancellors, the state government is examining the legal possibility of removing the governor as chancellor of state universities. The government is considering several options and is reviewing the bill passed by West Bengal in this regard.
Chancellors are responsible for appointing vice chancellors and making other important administrative decisions. Earlier, in June, the cabinet of West Bengal had approved the prime minister as chancellor of the state universities. Previously, the governor was appointed as the chancellor of state-governed universities.
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The law authorized the prime minister, Mamata Banerjee, to appoint 31 vice chancellors in state universities in lieu of the governor. The state government of West Bengal had passed a bill in the General Assembly to amend the current law. To be implemented, the bill had to get approval from the governor before it became law.
This system was first proposed in 2010 by the Punchi commission, but it became confused last year due to tensions between the governor and Banerjee. There were previous allegations that the state government only appointed the vice chancellor and ignored the chancellor (governor).
Similarly, the Government of Tamil Nadu passed two bills in April: the Act (Amendment) of the Tamil Nadu University, 2022 and the Act (Amendment) of the University of Chennai, 2022. It contained provisions to enable the state government to appoint vice chancellors, rather than the governor.
In 2021, the government of Maharashtra passed the Maharashtra Public University (Third Amendment) Bill to change the process of appointing vice chancellors to state universities. In 2013, the Narendra Modi-led state government of Gujarat removed the governor’s powers as chancellor to appoint VCs. The bill received the approval of the governor in the state in 2015.
The Kerala government is likely to take a similar step amid the ongoing confrontation between the government and the governor. The governor had informed the vice chancellor of 11 universities. CPIM Secretary of State MV Govindan had said that in many states the governor is not the chancellor of the universities. In Kerala it is because of a state law and they are looking at all legal and constitutional options.
Kerala’s justice minister said on Thursday that, under the existing law in the state, the governor is the chancellor of the universities. The concerned ministry will prepare everything necessary. We only look at legality if something has been submitted by the relevant ministry.
Vice chancellors of a total of nine universities of Kerala were asked to resign as well as 15 senators were fired by the governor’s office. Governor Khan had headed vice chancellors of nine universities namely University of Kerala, Mahatma Gandhi University, Cochin University of Science and Technology, Kerala University of Fisheries and Ocean Studies, Kannur University, APJ Abdul Kalam Technical University, Sree Sankaracharya University of Sanskrit , University of Calicut, Thunchath Ezhuthachan Malayalam University, to tender their resignation.
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