The Karnataka State Government has decided to table the Karnataka State Rural Development and Panchayat Raj University (KSRDPRU) Bill, 2024 during the Winter session of the State Legislature in Belagavi.

Implications of the KSRDPRU Bill

• This Bill seeks to amend the KSRDPRU Act, replacing the Governor with the Chief Minister as the Chancellor of the university. 
• The State Government seeks to reduce the Governor’s role in university affairs. 
• The amendment reflects a broader trend of state governments asserting greater control over higher education institutions.
  • However, this change may lead to potential conflicts with the Raj Bhavan and raises constitutional questions regarding the balance of powers between the state and the Governor.
• The move also highlights the evolving dynamics of governance in higher education and its intersection with federalism in India.

Enroll now for UPSC Online Classes

Governor’s Role in State Universities

• Convention: In most states, the Governor serves as the ex-officio Chancellor of universities.
• The original intent of making Governors hold the office of Chancellor and vesting some statutory powers on them was to insulate universities from political influence.
  • The Governor’s powers and responsibilities in this role are defined by the statutes governing the respective universities.
• Dual Roles of the Governor:
• • As the Governor: Functions with the aid and advice of the Council of Ministers.

Governor’s Role as Chancellor

• Appoints the Vice-Chancellors by setting up a search committee, recommending a panel of names from which he/ she makes final selection and appointment.
  • Consequently, the Chancellor is also vested with the authority to grant leave or institute disciplinary action and award penalties.
• According to the University Grants Commission (UGC) Regulations, 2018, the Vice-Chancellor (VC) of a university is generally appointed by the Visitor/Chancellor from a panel of three to five candidates recommended by a Search-cum-Selection Committee.
• Power to nominate certain members to the Executive Council/ Court of the University.
• Power to take final decisions on election disputes with regard to the representation in different bodies of the universities and managing committees of its colleges.
• Power to nominate experts in the appointment of teachers of various categories in the university

Area of Discretion for Governor as Chancellor

• Discretionary Powers: As Chancellor, the Governor has discretionary powers, not bound by the advice of the Council of Ministers.
• Appointment of Vice-Chancellors: The Governor, as Chancellor, has the power to appoint Vice-Chancellors, often through a search committee process.
• Assenting to Statutes and Ordinances: The Governor can assent to or withhold assent to statutes and ordinances passed by university bodies.
• Reviewing Decisions: The Governor can review decisions of university bodies and take corrective action if necessary.
• Resolving Disputes: The Governor can intervene to resolve disputes within the university.
• Presiding over Convocations: The Governor presides over university convocations and confers degrees.
• Consultation: While not legally bound, the Governor may consult with the concerned Minister for better understanding and decision-making.
• Limitations: The Governor’s discretionary powers are subject to judicial review and constitutional limitations.
• Recommendations: The Sarkaria and Punchhi Commissions recommended limiting the Governor’s role as Chancellor to avoid potential conflicts and controversies.

Check Out UPSC NCERT Textbooks From PW Store

Conflict Between State Legislation and UGC Regulations

• Where there is a conflict between a State University Act and the UGC Regulations, 2018, the UG Regulations prevail to the extent of the inconsistency. 
• This is based on:
  • Article 254(1) of the Constitution: If a state law is repugnant to a parliamentary law regarding a matter in the Concurrent List, the parliamentary law prevails.
  • Education falls under the Concurrent List, granting both the Union and State Governments authority. However, Entry 66 of the Union List gives the Centre overriding authority on matters related to the “coordination and determination of standards in institutions for higher education and research.”

Cases of Conflicts on Chancellor’s position

• Recently, some states have taken steps to reduce the oversight of the Governor in state public universities.
• In April 2022, the Tamil Nadu Legislative Assembly passed two Bills, to transfer the power of appointing the Vice-Chancellor (in public universities) from the Governor, to the state government. 
• The West Bengal government enacted a law in 2022 to remove the Governor as Chancellor of state universities, a move challenged in court.
  • The Supreme Court, however, upheld the Governor’s role as Chancellor, emphasizing their independence in university affairs.

DOWNLOAD PDF