New Delhi: Eleven out of 12 bills passed by the Tamil Nadu assembly that await clearance by state Governor R.N. Ravi propose modifications in laws that govern various state-run universities.
The amendments suggested in these bills do away with the governor’s power, in his capacity as chancellor, to appoint the vice-chancellor of a university, and instead empower the state government to do so. The state is also conferred with the power of inspection and inquiry of the universities instead of the chancellor.
They would also give power to the state to include a government nominee in the panel to recommend candidates for appointment as vice-chancellor.
Most of the bills that intend to dilute the governor’s authority to appoint a university vice-chancellor are modelled on the lines of the Gujarat University Act, 1949, and the Telangana Universities Act, 1991. These give the respective state governments the power to select and appoint the heads of universities.
The Tamil Nadu bills’ statements of objects and reasons reveal that the state assembly also took into consideration the existing Karnataka State Universities Act, 2000. Under this law, the vice-chancellor is appointed by the chancellor (governor) with the concurrence of the state government.
According to the Tamil Nadu government’s petition in the Supreme Court, where the state has sought a judicial direction to the governor to dispose of all bills, the laws to be modified are the following: Tamil Nadu Fisheries University Act, 2012; Tamil Nadu Veterinary and Animal Sciences University Act, 1989; The Tamil Nadu University Laws Act (amends 12 university laws covered under this act); The Madras University Act, 1923; The Tamil Nadu Dr Ambedkar Law University Act, 1996; The Tamil Nadu Dr M.G.R Medical University Chennai Act, 1987; The Tamil Nadu Agricultural University Act, 1971; and The Tamil University Act, 1982.
Two of the 11 bills were forwarded to the governor in 2020, seven in 2022 and two in 2023, the petition has further said.
Another bill awaiting the governor’s assent is on the establishment and incorporation of a university for siddha, ayurveda, unani, yoga and naturopathy and homoeopathy in the state. Dispatched to the governor on 5 May, 2022, the bill intends to create a university that will “adorn the glory of the state’s traditional system of medicine”.
Also read: As TN takes ‘deadlock’ with Ravi to SC, what Constitution & court have said on governors’ powers
Time limit for governor to consider bills
The pendency of these bills with the governor has been a major flashpoint between the elected state government and the Centre’s representative in Tamil Nadu, with the Dravida Munnetra Kazhagam (DMK)-led government moving the top court over this stand-off.
The state has asked for a direction to the governor to dispose of all the bills, files and other government orders forwarded by the Tamil Nadu Legislative Assembly and the government in a timely manner. Besides this, it also wants the court to lay down guidelines stipulating an “outer time limit” for the governor to consider bills passed by the legislature and sent for assent under Article 200 of the Constitution.
By virtue of Articles 200 and 163 of the Constitution, when a bill passed by the legislature of a state is presented to the governor, the latter has four options, namely, he or she can either assent to the bill, withhold assent, reserve the bill for the consideration of the President or return the bill to the legislature for reconsideration.
Article 200 does not fix any specific time limit for the exercise of these four options when a bill is presented to the governor. But as also pointed out in Tamil Nadu’s petition, nowhere in Article 200 or in the Constitution is it contemplated that a governor would have the power to sit on bills enacted by the legislature. The governor, it said, has to act on the aid and advice of the council of ministers.
During a preliminary hearing last week, the top court described the issue raised in Tamil Nadu’s petition as a “matter of serious concern.” It called for assistance from Attorney General R. Venkataramani or Solicitor General Tushar Mehta.
Separately, the Tamil Nadu government has moved another petition accusing the governor of violating laws in the matter of constituting and reconstituting search committees for the appointment of vice-chancellors to Bharathiar University, Tamil Nadu Teachers Education University and the University of Madras.
The petition challenges three notifications issued by the governor allegedly in the exercise of his functions under state statutes as chancellor of three state universities. These notifications had appointed a nominee of the chairman of the University Grants Commission (UGC) to the search committees, which according to the Tamil Nadu government is in gross and patent violation of the university statutes.
According to the statement of objects and reasons of all these 11 bills, since funds for the universities’ administration and implementation of various schemes are being sanctioned by the state government, in order to monitor their usage “it has been decided to confer the government with the power of inspection and inquiry” and also to “include a government nominee in the panel for selection of persons for appointment as vice-chancellor.”
In the case of some universities, the amendments suggest insertion of a new section on the procedure to remove a vice-chancellor. It says that a vice-chancellor of a university shall not be removed from his office except by an order of the government passed on the ground of wilful omission or refusal to carry out the provisions of the act, or abuse of the powers vested in him. The vice-chancellor shall be removed only upon an enquiry — to be headed by a high court judge or an officer not below the rank of chief secretary — where he will have an opportunity to defend himself.
Pending files and appointments
In addition to the bills, the governor is also seized of four files in which the state government has asked him to grant sanction for prosecution and investigation of corruption cases involving a former vice-chancellor of Tamil University, Thanjavur and four former state ministers: K.C. Veeramani, and B.V. Ramanaa — who both held the commercial taxes and registration portfolio — former health and family welfare minister C. Vijayabaskar, and former transport minister M.R. Vijayabhaskar.
The state is also awaiting the governor’s response to two files sent to him on 28 June and 24 August this year on the premature release of 54 prisoners.
More importantly, the Tamil Nadu government’s applications for appointment of the chairman and members of the Tamil Nadu Public Service Commission (TNPSC) are also pending with the governor. While the regulations say the commission shall consist of the chairman and 14 members, the TNPSC is at present functioning with a strength of four members.
The commission oversees the recruitment process for crucial posts such as civil judge and Group-1 posts. Besides this, one of its functions is also to conduct departmental promotion committee meetings. The lack of sufficient members, Tamil Nadu’s petition has submitted, is causing “considerable delay in clearing panels” for promotion.