Unlike the Kerala Lok Ayukta (Amendment) Bill that was tabled in the Assembly on August 23, the University Laws (Amendment) Bill that would clip the powers of the Chancellor/Governor did not seem to bother the Opposition UDF much. The Bill, which was introduced on Thursday and referred to the Assembly Subject Committee, would considerably reduce the Governor's power to appoint vice-chancellors in state-run universities.
Opposition Leader V D Satheesan did not intervene in the debate to make even a minor remark, which was quite uncharacteristic of him. It was almost as if the Opposition was least interested in mounting a spirited defence of the Governor. The Opposition's disinclination to oppose the Bill was so evident that higher education minister R Bindu, who tabled the Bill, urged the UDF to pass the Bill unanimously when it returns from the Subject Committee next week.
It is also no secret that the Opposition Leader has a distaste for Governor Arif Muhammed Khan's style of functioning. Despite his strong stand on the Kannur University appointment issue, Satheesan had openly criticised the Governor for calling the Kannur VC a "criminal".
Meanwhile, the Governor said that he would not sign the bill even if it was passed by the Assembly.
"The Legislative Assembly's right to pass bill is respected. Whatever bill is passed, I will not allow appointments guided by political interests. I shall not allow the erosion of Universities' autonomy and use of Vice Chancellors for appointing relatives of those in power," Khan said.
The Amendment Bill has proposed four major changes. One, it has changed the number and composition of the search-cum-selection committee that would identify suitable vice chancellor candidates. From three it has been raised to five.
In the existing Act, the committee had a nominee of the Governor, a person elected by the University Senate and a member of the chairman of the University Grants Commission. The proposed Bill has added two members affiliated with the state government; a nominee of the government and the vice chairman of the Kerala State Higher Education Council.
This will give the government a majority of three in a committee of five. Even as it stands, the government has the upper hand as the Governor's nominee was traditionally chosen by the government. But with Governor Arif Mohammed Khan becoming increasingly combative, the government anticipates that he could insist on his own nominee. If this happens, it was felt that the Governor's nominee and the UGC chairman's nominee together could give Khan a decisive say in the selection of the vice-chancellor.
The change in number and the composition of the search-cum-selection committee proposed in the Bill would effectively undermine the Governor's, and by extension, the BJP-ruled Centre's, sway over the VC appointment.
Two, the Chancellor/Governor will have to pick from a list of three names submitted by a majority of the committee members. In effect, only a government nominee could adorn the VC post.
In the existing Act, the three-member committee has to recommend a name unanimously. If they are unable to come to a consensus, the three members can submit three separate panels and the Governor can choose a candidate from any of the three panels. This offers the Governor a wide choice.
Three, the committee has to submit its panel only in four months. As it stands, the deadline is three months.
Four, the maximum age for a VC has been raised to 65 from 60. This change was effected early this year through an ordinance to facilitate the reappointment of Gopinath Ravindran as Kannur University VC.
It was former higher education minister K T Jaleel who laid bare the political motive behind the proposed amendment. "The RSS knows they cannot win an election in Kerala and so they are trying to see whether the Chancellor could be used to place their men in crucial posts in universities," Jaleel said.
He said the Justice Madan Mohan Punchhi Commission on centre-state relations, appointed by the first UPA government, had observed that the disputes that arose as part of the appointment of VCs were worsening centre-state relations. The Commission wanted Governors to be stripped of the powers to appoint VCs, he said.
Further, Jaleel said 19 states, including Kerala, had approved this recommendation of the Punchhi Commission.
He said that many states had already acted to put the Governor in place. He said that Tamil Nadu had brought in legislation in April this year to vest the power to appoint VCs in 13 of its universities with the state government. He said the Tamil Nadu law was modelled on the Gujarat law that was in existence since 1949. He said that more states like Karnataka, Telangana, Rajasthan and Maharashtra have also divested their governors of their appointment rights.
As if nudging the LDF government to go the extra mile, Jaleel said that West Bengal went so far as to abolish the Chancellor post.
