Explained: The tussle between states and governors over the appointment of university vice-chancellors

The Tamil Nadu Assembly on Monday passed two bills that empower the state to appoint vice-chancellors (VCs) to 13 universities. The authority so far rested with the governor. As the chancellor of state-run universities, he or she was in charge of picking the VC on the recommendation made by a panel of experts. The Tamil Nadu Universities Laws (Amendment) Act, 2022, substitutes the expression “chancellor” in the original Act with “government” with regards to both appointment and removal of VCs. A separate bill to amend the Chennai University Act, 1923 [Chennai University (Amendment) Act, 2022], with similar intent, was tabled and passed by the House, reports The Indian Express. The bill was tabled in the Assembly by Higher Education Minister K Ponmudy. It is based on the recommendations of the university search committee, ANI reported.

Tamil Nadu News | Tamil Nadu Govt. restricts the Governor's power to appoint Vice-Chancellors of State Universities.

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What changes with the new bills? Once the amendment is implemented, the government will be involved in the appointment of the VC; the governor will have no role to play. Earlier the governor appointed the VC search panel, which will also come under the purview of the state government. One of the bills seeks to make the state government the final authority on the removal of VCs. The ouster will be carried out based on inquiries by a retired high court judge or a bureaucrat who has served at least as a chief secretary, reports The Indian Express. The politics behind it all Tamil Nadu Chief Minister MK Stalin believes that the state’s inability to appoint VCs impacted higher education. Now the new legislations aim to change that. Stalin said that the governor is supposed to appoint VCs in consultation with the state, according to a report on NDTV. However, he said, a new trend has emerged in which governors act like it is their prerogative to make the appointments. This behaviour “disrespects the elected government” and goes against the citizens’ rule, he added. The bills were passed amid opposition from the All India Anna Dravida Munnetra Kazhagam (AIDMK) and the Bharatiya Janata Party (BJP), with MLAs walking out of the House. They were backed by the Opposition party, Paattali Makkal Katchi. The new laws are expected to further strain ties between Governor RN Ravi and the state government. Earlier this month, the ruling Dravida Munnetra Kazhagam (DMK) boycotted events organised by the governor to protest against alleged delays in clearing laws passed by the state. The two bills related to the appointment of the VC will also need the governor’s nod. Other states with similar rules In several states, the state government looks into the appointment of VCs. Maharashtra passed a bill similar to Tamil Nadu last year. In December 2021, the state passed a bill curtailing the powers of the governor in the appointment of VCs in state universities. It was proposed in the bill, which amended the Maharashtra Public Universities Act, 2016, that a search committee should recommend a panel of five names to the state government. Of this, two names will be sent to the governor, who should appoint one from it as VC within 30 days. If the government doesn’t approve the names recommended by the committee, it can ask for fresh suggestions from the same committee or a new committee. Justifying the amendments, Higher and Technical Education Minister Uday Samant had said that the amendments were needed to “strengthen the governance structure of public universities and to improve the quality of higher education and research” in the state. In Gujarat, only the chief minister has the power to appoint a VC since 1949, reports ThePrint. The Gujarat University Act, 1949 states that “the vice-chancellor shall be appointed by the state government from amongst three persons recommended by a (search-cum-selection) committee”. However, last month the Supreme Court set aside the VC appointment of Gujarat’s SP University by the state government. In Telangana too a similar law exists since 1991. The Telangana Universities Act, 1991 states that the search committee shall “submit a panel of three persons to the government in alphabetical order and the government shall appoint the vice-chancellor from out of the said panel”. The ongoing tussle in West Bengal In January, West Bengal governor Jagdeep Dhankhar alleged that VCs of 25 state universities had been appointed without his nod as the chancellor. The ruling Trinamool Congress, on the other hand, asserted that the governor should have approved the names of the VCs selected by the search committee, and if he refused to give his nod, the education department had the power to go ahead with its decision. “Education Environ – ‘Law of ruler, not rule of law’. VCs of 24 (now 25) Universities appointed illegally without Chancellor approval,” Dhankhar had tweeted.

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The reason for the tiff The differences between the governor and the state governments are common in states where the BJP is in the opposition. The governor is appointed by the Centre. In West Bengal, Maharashtra, and Tamil Nadu, state governments have repeatedly accused the governors of acting at the behest of the Centre on various subjects, including education. The regulations, which differ from state to state, are often open to interpretation and disputes are routine, according to the Express report. The UGC rulebook According to the University Grants Commission (UGC), the “visitor/chancellor” — mostly the governor in states — shall appoint the VC out of the panel of names recommended by search-cum-selection committees, says the newspaper. With inputs from agencies Read all the Latest News , Trending News ,  Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.