Governors Acting As Chancellor Not bound by Advice of Ministers, Says Supreme Court

Context: In a recent judgment, the Supreme Court (SC) ruled that Governors acting in their statutory capacity as University Chancellors are not bound by the aid and advice of the Council of Ministers.

SC Judgment on Governors Acting as Chancellors: Key Rulings and Legal Precedence

• The judgment referred to the Kannur University Act, 1996, and quashed the reappointment of Gopinath Ravindran, as the vice chancellor of Kannur University.
• The SC stated that the chancellor of the state’s universities cannot merely rubber-stamp an action taken elsewhere or simply endorse or ratify someone else’s decision.
• Rule of Law: The rule of law requires that a statutory power vests in the body or authority shall discharge the entrusted statutory duty.
• Distinction between Chancellor and Governor: The Bench Held that the statute clearly distinguishes between the Chancellor and the State Government as distinct authorities.
  • When acting as Chancellor of a university under statute, the Governor does so in a separate and distinct capacity from their role as state governor.
  • The Governor’s actions as Chancellor are unrelated to their powers and duties as Governor hence not bound to act under the aid and advice of the council of ministers.
• Legal Precedence: In 1981, the Punjab and Haryana High Court, in Hardware Lal, Rohtak v. G.D. Tapase, Chandigarh case, held that “the Governor was the ex officio Chancellor of the University. Therefore, under his office, he was not bound to act under the aid and advice of the council of ministers.’’

Recent developments: Recently, some states have taken steps to reduce the oversight of the Governor in-state public universities.

• On June 13, 2022, the West Bengal government passed a Bill to replace the Governor with the Chief Minister, as the Chancellor of 31 state public universities (such as Calcutta University, and Jadavpur University). 
• 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.   As of June 8, 2022, these Bills have not received the Governor’s assent.
• In 2021, the Maharashtra government also  amended the process to appoint the Vice Chancellor of state public universities. 

Also Read: Governor Can’t Keep Bill Pending Indefinitely

Controversy in Kerala case: 

• The Kerala Assembly passed a Bill in December 2022, to remove the Governor as the ex-officio Chancellor of 14 universities in the state.
• Due to recurring issues with the Governor on administration and appointments at these universities.
• Chancellor to be appointed by the state government: Under all eight Acts, the Governor is the ex-officio Chancellor of each university.  
  • The Bill removes this provision and empowers the state government to appoint a Chancellor for each university.

Governors Acting as Chancellor of Universities:

• State public universities are established through laws passed by state legislatures.  
• In most states,  the Governor has been designated as the Chancellor of these universities.
• In Telangana, where the state government appoints the Chancellor. 
• The Chancellor functions as the head of public universities and appoints the university’s Vice-Chancellor. 
• The Chancellor presides over the meetings of various university bodies (such as the Court/Senate of the university).
• Further, the Chancellor can declare any university proceeding that is not as per existing laws invalid.  In some states (such as Bihar, Gujarat, and Jharkhand), the Chancellor has the power to conduct inspections in the university.  
• The Chancellor also presides over the university’s convocation and confirms proposals for conferring honorary degrees.   

Source: The Hindu