KERALA UNIVERSITY(AMENDMENT) LAWS
1. Context
The Kerala government has passed the two University Laws (Amendment) Bills in the state assembly to amend laws relating to the governance of state universities and to remove Governor Arif Mohammed Khan as the Chancellor of said universities.
2. About the Amendments in the bill
- The proposed legislation will amend the statutes of 14 universities established by legislative acts in Kerela and remove the Governor as the chancellor.
- The bills will give the government power to appoint eminent academicians as chancellors of various universities, thus ending the Governor's watchdog role in university administration.
- The bills also provide provisions to limit the term of the appointed chancellor to five years.
3. How did the bill come into being?
- When the governor denied assent to the Controversial Lok Ayukta (Amendment) Bill and University Laws (Amendment) Bill passed earlier by the state assembly.
- The fallout from this stand-off between the Governor and the Government led to Mr Khan's claim that he has the power to dismiss Ministers who criticized him.
- Mr Khan went to the extent of suggesting that the Chief Minister should take action against the finance minister as he had ceased to enjoy my (the Governor's ) pleasure.
- The worsening relationship between the state and the governor reached a tipping point with the Supreme court order invalidating the Kerela Technological University VC's appointment.
- Following the judgment, the governor demanded the resignations of 11 other VCs claiming that they were appointed through the same procedure that was invalidated by the top court.
4. Governor's role in the university
Role: The chancellor functions as the head of public universities, and appoints the vice-chancellor of the university.
Powers and functions:
- The chancellor can declare invalid, any university proceeding which is not as per existing laws.
- In some states (such as Bihar, Gujrat, and Jharkhand), the chancellor has the power to conduct inspections in the university.
- The chancellor also presides over the convocation of the university and confirms proposals for conferring honorary degrees.
- The chancellor presides over the meetings of various university bodies (such as the court/senate of the university).
The court/senate decides on matters of general policy related to the development of the university such as (i) establishing a new university department (ii) conferring and withdrawing degrees and titles, and (iii) instituting fellowships.
5. Why state government is amending university laws?
- The minister for law pointed out that the UGC guidelines, which earlier used to be considered mandatory for central universities and partially mandatory and partially directive for state universities, had been made legally binding for all universities by way of a recent ruling by the supreme court.
- Moreover, the state government has claimed the recommendations of the Punchhi commission on Center-state relations to refrain from "burdening the Governor with positions and powers which are not envisaged by the Constitution and which may lead the office to controversies or public criticism" as the rationale behind the bills.
6. Arguments in Favour
- No rights of the chancellor are being curtailed through the amendments.
- The amendments were brought to avoid legal tangles in the future.
- Only the number of members in the selection-cum-search committee has been increased.
- The Higher education council vice chairman would not be a member of the search committee as pointed out by the opposition but only his nominee.
7. Arguments against
- Amendments were made to facilitate the appointment of people close to the ruling front.
- This will lead to a scenario in which the governor can appoint only those who are close to the government.
For Mains
| For Mains:1.What are Kerela's University Laws (Amendment) Bills? Explain why the Kerela government is insisting on amending university laws in the context of the Recent Governor's controversy in the state. |
Source: The Hindu
