The Kerala Assembly meets for 10 days from Monday to pass the bill, but Governor has said he will sit indefinitely on it.
Chief Minister Pinarayi Vijayan and Governor Arif Muhammad Khan. (KB Jayachandran/South First)
The Kerala Assembly begins its seventh session of the year on Monday, 5 December, mainly to consider the much-awaited bill replacing the Governor with eminent academicians at the helm of 14 state-run universities.
The attempt, though, is more than likely to be an exercise in futility, with Governor Arif Mohammad Khan already making it clear that he would not give his approval to the bill.
On his part, the Governor has described the draft bill approved by the state Cabinet as having several provisions that are in conflict with the the central government’s authority in the higher education sector.
Given this, the Governor will either withhold consent to the bill indefinitely, or forward it to the President of India with a note that it violates the basic principles of federalism.
The President’s office can also withhold its consent to the bill indefinitely.
On 30 November, a division bench of the Kerala High Court dismissed a public interest litigation seeking a directive against Khan for sitting indefinitely on bills passed by the Kerala legislature.
Chief Justice S Manikumar and Justice Shaji P Chaly clarified that the court could not fix a particular time limit for the Governor to give assent to bills.
Half a dozen bills passed by the state Assembly, including a controversial one that takes away the judicial powers of Kerala Lokayukta, are now pending with the Governor for several months.
The court order was a shot in the arm for Khan.
The passing of the bill on Monday should be a smooth affair for the Pinarayi Vijayan government as the treasury benches have 99 members in the house with 140 people’s representatives.
But the government can do nothing after passing the bill and sending it to the Governor for his approval. An ordinance promulgated on the same subject proved futile as Khan refused to accord it sanction.
With the bill, the Vijayan government aims to replace the Governor with eminent educationists as Chancellor of Kerala, Mahatma Gandhi University, Calicut, Kannur, Sree Shankaracharya, Cochin Science and Technology, Thunchath Ezhuthachan Malayalam, Digital, Sreenarayanaguru, Agricultural University, Veterinary, Fisheries, Health Science and Dr APJ Abdul Kalam Technological universities.
The bill empowers the government to remove a Chancellor from office based on an inquiry conducted by a former Supreme Court or high court judge in case of allegations of severe misconduct. The draft bill also removes the section in the University Rules that make the Governor the ex-officio Chancellor of all 14 universities in the state.
Meanwhile, senior officials who have been through the draft bill pointed out many technical glitches that may ultimately be counter-productive for the state government.
Agriculture secretary B Ashok and Principal Secretary Health Tinku Biswal have reportedly pointed out many issues in the bill, inviting the wrath of the state Cabinet.
The Cabinet has even sought an explanation from Ashok for writing and circulating a lengthy note detailing the draft bill’s failures without being asked to do so.
According to sources close to Ashok, his main argument was that the preamble of the draft bill has not mentioned the circumstances for bringing in the legislation. In a detailed note on the bill file, he opined that necessary rectifications should be made.
Ashok also found fault with the bill for not mentioning its objectives and reasons, not detailing the selection process of the Chancellor, and not fixing the educational qualification of the Chancellor.
He has raised objections to the provisions in the bill which empower the Cabinet to appoint the Chancellor.
He is said to have noted that the Cabinet comprises the higher education minister, who is the pro-chancellor of all universities in Kerala. How could a pro-chancellor appoint the Chancellor, he has reportedly asked.
Ashok has also pointed out that the bill is silent on the upper age limit, the tenure, and the reappointment process for the Chancellor.
The bill is a culmination of the flashpoints between the Vijayan government and Khan.
While Vijayan and his cabinet colleagues accuse Khan of trying to implement an RSS agenda in the higher education sector, the Governor has been raising charges of severe nepotism while targeting the top leaders of the ruling front.
There have been numerous instances of confrontation between the Governor and the Vijayan Cabinet.
The reappointment of CPI(M) loyalist Dr Gopinath Raveendran as vice-chancellor of Kannur University was among the first sources of tension.
Priya Varghese’s appointment in Kannur University has led to an open clash between the LDF government and Governor Khan. (Supplied)
The appointment of Priya Varghese in the Malayalam department of Kannur University violating required procedures was the reason for a fresh confrontation. She is the wife of KK Ragesh, a former CPI(M) Rajya Sabha member and Vijayan’s private secretary now.
As Chancellor, Khan stayed her appointment and now the Kerala High Court has ruled that she was unqualified for the post. In the meantime, Khan has also asserted that any provision in the bill repugnant to University Grants Commission (UGC) regulations cannot become law.
The Governor has pointed out that the Supreme Court has stated that UGC regulations will prevail over the state law. According to Khan, UGC regulations consider the Governor to be the ex-officio Chancellor of all the state universities.
“They can pass anything. But if they pass something repugnant to UGC regulations, that cannot become law,” the Governor made his stand clear in a press meeting recently in New Delhi. Khan alleged that the Vijayan government was making such a move as it was “feeling frustrated”.
“If somebody attempts to tinker with the UGC system, that would naturally turn repugnant to UGC regulations. So you don’t have to worry about these things. They are taking out their frustration. They are feeling frustrated,” Khan said.
“Legally speaking, universities are not the state government’s responsibility. In Kerala, the government is interfering in the affairs of the university daily. And I must say it is not the Chancellor’s job to run the university,” he said.
According to Khan, the job of the Chancellor of the universities is to ensure that no interference occurs, even from the executive.
“The autonomy of the state universities must be respected. The dignity of the intellect also must be respected. No young women or men of Kerala must be forced to leave their homes and go to other states to pursue higher studies,” the Governor said.
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