EDITORIAL ANALYSIS : This unseating of vice chancellors is faulty

Prelims: Parliamentary democracy, Functions and responsibilities of Governor, Article 254, Article 13, Vice-Chancellor etc

Mains GS Paper II: State Legislature -Structure, organization, functioning and conduct of business etc

ARTICLE HIGHLIGHTS

The recent judgments of the Supreme Court of India on the appointment of vice chancellors (VC) in State universities in violation of the regulations of the University Grants Commission (UGC) are significant for higher education in a federal country such as India.

INSIGHTS ON THE ISSUE

Context

Vice chancellors:

They lead the university’s academic and administrative
They may serve on several university councils, assist with policy development and academic planning, prepare budgets, and maintain the institution’s positive image.
University Grants Commission (UGC) Guidelines: The Visitor/Chancellor shall appoint the Vice Chancellor out of the panel of names recommended by the search-cum-selection committee.
The Governor of the state is the honorary chancellor of all State owned universities.

Governors and President’s Power in Universities:

State Universities:

Ex-officio chancellor: The Governor of the state is the ex-officio chancellor of the universities in that state in most cases.
As chancellor: He acts independently of the Council of Ministers and takes his own decisions on all University matters.

Central Universities;

Central Universities Act, 2009, and other statutes: President of India shall be the Visitor of a central university.
Chancellors in central universities are titular heads, appointed by the President in his capacity as Visitor.
The Vice Chancellor: He is appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
The President as Visitor: He shall have the right to authorize inspections of academic and non-academic aspects of the universities and also to institute inquiries.

Judiciary stand:

Gambhirdan K. Gadhvi vs The State Of Gujarat(2022):

Court quashed the appointment of the incumbent Vice Chancellor: on the ground that the search committee did not form a panel for the appointment of VC.
State law was in conflict with the UGC regulations: the latter would prevail over state law.

Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S. (2022):

Court quashed the appointment of the VC on the ground that the provision relating to the search committee in the University Act is in conflict with the UGC Regulations.

Impact of the judgment:

It triggered unprecedented developments in Kerala: The State Governor asked 11 VCs of other universities of the State to resign immediately on the ground that their appointments had become void after the Supreme Court’s judgment.

What is the issue with judgment?

Issue framed by the Supreme Court: whether the appointment of VCs should be made as per the UGC Regulations or the provisions of the State University Act.
Education in concurrent list: Both the Union and the State can legislate on a matter under the Concurrent list.
Court’s conclusion(using Article 254): That if any provision in the State university law is in conflict with the UGC Regulations, the latter will prevail and the former will become void.

Why is the judgment faulty?

Article 254: Conflict under this Article relates to a State law and a substantive law made by Parliament.
- It excludes rules, regulations, etc.
Rules and regulations made by the subordinate authority: They do not go through the same process as a law.
- The rules and regulations have an inferior status as compared to an Act.
Article 13(2): The term law does not include the rules, regulations, etc. for the purpose of Article 254.
The regulations made by a subordinate authority of the Union overriding a law made by a State legislature will amount to a violation of federal principles.
- It will negate the concurrent legislative power granted to the State by the Constitution.
UGC Regulations on the appointment of VCs: They are outside the scope of the main provisions of the UGC Act as none of its provisions refers to the appointment of VCs.

What Section 26 of the UGC Act says?

Way Forward

UGC’s legal authority to make mandatory regulations on the appointment of VCs of State universities needs to be re-examined urgently.
Analysis of Article 254: State law can be repugnant(in conflict)only to the central Act, and not the regulations and rules made there under.
Satyapal Reddy vs Govt. Of A.P. (1994): The court has to make every attempt to reconcile the provisions of the apparently conflicting laws and the court would endeavor to give harmonious construction

QUESTION FOR PRACTICE

Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and institution of Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian Federal Politics?(UPSC 2016)

(200 WORDS, 10 MARKS)