heated argument over appointments

The Governor of Kerala has denied the benefits to the government in the selection of the Vice-Chancellor

The Governor of Kerala has denied the benefits to the government in the selection of the Vice-Chancellor

Relations between Kerala Governor Arif Mohammad Khan and the state government have entered another thorny phase over differences over the extent of the Chancellor’s role in the functioning of universities. The tussle has been going on for almost a year after the Governor clashed with the government over the Kerala University’s refusal to confer an honorary doctorate to former President Ram Nath Kovind. The reappointment of the Kannur University vice-chancellor had also angered him. These examples prompted him to announce his unwillingness to remain as chancellor of universities.

Chief Minister Pinarayi Vijayan had earlier led the government’s coordination efforts after the governor reportedly withheld his assent to a policy address on the eve of the budget session of the assembly. Nevertheless, the government has quietly supported the growing clamor for the government to gain more control, working towards reducing the powers of the Chancellor over universities in some states, including Maharashtra, Tamil Nadu, West Bengal and Odisha.

Read also | Governor surprised, made selection panel for the Vice Chancellor of Kerala University

Within a few months, a government-appointed commission empowered to amend university laws advocated the separation of the Chancellor from his discretionary powers. Instead it recommended that a University Tribunal be set up to adjudicate on legal matters. It also called for diluting the authority of the governor in the selection of vice-chancellors. Another commission to suggest reforms in the field of higher education has called for a separate chancellor for each university.

While the government was preparing to bring an ordinance to implement such reforms in the University of Kerala before the selection of the next vice-chancellor, the governor took a pre-emptive step by initiating the process himself, without consulting the state government.

Mr Khan also refused to re-enact 11 key ordinances that have now expired. Claiming to have provided little time to “make up its mind” in the scrutiny of the ordinance, he took a dig at the state government that “in a democracy it is not desirable to rule through ordinances”. His comments encouraged the opposition to accuse the ruling government of adopting an ‘Ordinance Raj’ to bypass the legislature in enforcing the controversial laws. The lapsed ordinances included the controversial Kerala Lokayukta (Amendment) Ordinance which amended Section 14 of the Kerala Lokayukta Act, 1999, which empowered the Lokpal to remove a corrupt public official from office and prevent a person from holding office again. The ordinance enabled the governor, chief minister or state government to “accept or reject the declaration”.

Read also | No objection to Governor not signing ordinances: LDF

Mr Khan sought an explanation from Kannur University on the politically sensitive appointment of the wife of the Chief Minister’s private secretary as associate professor on the basis of a complaint that UGC norms were violated to ensure her appointment.

In a jiffy, Mr. Khan denied the benefits the government accrued in the process of selecting the vice-chancellor. While one nominee each is chosen by the Governor and the UGC, the state government can rely only on the nominee sent by the University Senate to further its interests. Governors have traditionally entrusted governments with the task of choosing nominees on their behalf. It is now the responsibility of the government to either get used to the ‘new’ blueprint in the appointment of vice-chancellors or adopt the drastic measures recommended by its commissions.

sarat.bg@thehindu.co.in