In a development that could deepen the ongoing tussle between the Kerala Government and the Raj Bhavan over control of universities, Governor is likely to refer three contentious Bills passed by the State Assembly to the President of India for consideration.
The move comes after the Supreme Court had, in a recent order, directed that Governors must act on Bills within three months of them being presented for assent. The three Bills — two amending existing University Acts and one enabling the setting up of private universities — were passed by the Assembly in March.
Sources at Raj Bhavan indicate that the Governor has assessed the Bills as curtailing the powers of the Chancellor (a role held by the Governor) and expanding those of the Pro-Chancellor, who is the Minister for Higher Education. Presently, the Minister’s role in university governance is limited, but under the proposed amendments, the Minister would be empowered to seek any academic or administrative information directly from the universities.
Additionally, the Bills provide for transferring key functions — including declaration of results of elections to university bodies such as the Senate, Syndicate, Academic Council, and University Union, and formation of various committees — from the Vice-Chancellor to the Registrar. This has raised concerns at the Raj Bhavan that the Bills would erode the autonomy of universities.
The Governor is also understood to have reservations about certain provisions in the Private Universities Bill, which, he feels, may run afoul of UGC regulations.
Raj Bhavan sources said the Governor had held discussions with his legal advisers and examined several complaints about the Bills before arriving at the decision to seek Presidential consideration — a constitutional option available to him.
The referral of the Bills to the President is expected to trigger another round of political and legal debate in the State, where higher education governance has been a key point of friction between the Government and the Governor over the past few years.
