Decoding TN govt's move to curb Governor's power to appoint Vice-Chancellors to state varsities 

The Bills said according to the Acts in Gujarat, Telangana and Karnataka, the VC shall be appointed by the Chancellor with the concurrence of the State government
File photo of University of Madras, a state university | (Pic: Express)
File photo of University of Madras, a state university | (Pic: Express)

The face-off between the DMK government and the Governor reached a new peak on Monday, April 25, with the Tamil Nadu Assembly adopting two Bills to limit the Governor's power to appoint vice-chancellors (VCs) to 13 States universities. The legislations seek to give effect to a promise made by Chief Minister MK Stalin in Assembly in January.

The Bills were adopted even as Governor RN Ravi chairs a two-day conference of VCs of State, Central and private universities in Tamil Nadu at Ooty. The AIADMK opposed the Bills right from their introduction, and the BJP staged a walk-out in protest. The two Bills — The Tamil Nadu Universities Laws (Amendment) Act, 2022, and the Chennai University Act, 1923 — were adopted by a voice vote. While the legislations still require the Governor's assent to become law, analysts viewed the DMK government's move as a means of registering its protest against the actions of Ravi, who has been sitting on many Bills, including the NEET Exemption Bill.

The Bills said according to the Acts in Gujarat, Telangana and Karnataka, the VC shall be appointed by the Chancellor with the concurrence of the State government. In line with the aforesaid other State University laws, the Tamil Nadu government is amending the laws to empower the State government in appointing VCs, the statement of objectives and reasons for the Bills said.

What did the Chief Minister say?
Speaking on the Bills, Stalin said that previously, VCs were appointed in consultation with the State government, but over the past four years the Governor has been acting as though he has the exclusive rights of appointment.

Stalin pointed out that in Prime Minister Narendra Modi's home State of Gujarat, the State government appoints VCs, while in Telangana, Karnataka and Andhra Pradesh they are appointed with the State government's consent.

"The elected government cannot appoint VCs now. This goes against democratic principles. Further, it causes shortcomings in administration of universities," the chief minister said.

"The Punchhi Commission (2007) on inter-State relations observed that there would be a clash of functions and powers if the power to appoint VCs is vested with Governors, and recommended that it not be given to Governors. Nineteen States agreed with this view," Stalin recalled.

He also noted that the AIADMK government had accepted this recommendation in 2017. After the DMK government assumed office last year, it reiterated this view to the Union government. "Above all, this Bill is about the rights of the elected State government. So I appeal to all members to adopt this Bill unanimously," he added.

If the Governor gives his assent to these Bills, the State government can appoint VCs to Madurai-Kamaraj University, Anna University, Bharathiar University, Bharathidasan University, Mother Teresa Women's University, Alagappa University, Manonmaniam Sundaranar University, Periyar Univesity, Tamil Nadu Open University, Thiruvalluvar University, Tamil Nadu Teachers Education University, Annamalai University, and the University of Madras.

What do the analysts say?
"This effort was taken during the time of (former CM) J Jayalalithaa. But these two Bills would go against the norms of the University Grants Commission Act," political analyst Tharasu Shyam pointed out.

"The DMK government has registered its protest against the Governor's activities. Beyond that, there may not be any use to the Bills. However, Ravi's moves are unbecoming of a Governor. The Bills can be forwarded to the President only after getting the Governor's assent. Had the government adopted a resolution, it could have been sent to all authorities immediately," Shyam opined.

T Velmurugan, of TVK, said apart from these 13 universities, the State government should be able to appoint VCs to Tamil Nadu Veterinary and Animal Sciences University (TANUVAS), MGR Medical University, and the Tamil Nadu Agriculture University. The CM should be Chancellor of all State universities, and a separate Bill should be adopted for this, he added.

MMK leader MH Jawahirullah said, "The Tamil Nadu government has clearly said it will not accept the New Education Policy. The Governor convening a conference of VCs on that very subject has caused a clash and proved the Punchhi Commission report true."

According to Congress leader K Selvaperunthagai, Jayalalithaa would have supported these Bills had she been alive as she had mooted the idea long ago. PMK leader GK Mani, Chinnappa (MDMK), Thalli T Ramachandran (CPI), Nagai Mali (CPM), and Chinathanai Selvan (VCK) supported the Bill.

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