Mumbai Following Maharashtra Vikas Aghadi (MVA) government’s bid to curtail his powers related to appointments of vice chancellors of universities, Governor Bhagat Singh Koshyari has approached the union home ministry seeking views of President Ram Nath Kovind over amendment in the Maharashtra Public Universities Act that reduces his powers.
According to Raj Bhavan sources, Koshyari is of the view that the provisions of the bill are not in conformity with the regulations under University Grant Commission (UGC) Act, 1956, enacted by the Parliament and sought President’s view in the light of Article 252(2) of the Constitution. This has led to another flashpoint between Raj Bhavan and the MVA government.
The Maharashtra legislature on December 28, 2020, passed the Maharashtra Public Universities Act Amendment Bill that curtails powers of the governor in appointing vice-chancellors of various universities by changing the procedure, which was sent to Koshyari for his assent and it is still pending with him.
“Since the powers of the Governor being the Chancellor of the universities in the state are being proposed to be amended by the said bill, it was felt by the Governor that it would not be just for him to take decision on the said bill,” states Santosh Kumar, principal secretary to the Governor, in his letter written to the joint secretary, ministry of home affairs (judicial division) on April 21.
The bill will allow the state government to constitute a search committee that will suggest five names for appointing as vice chancellor, which in turn, will send two names to the governor for approval. “The Chancellor shall appoint one person included in the panel forwarded by the state government to be the Vice-Chancellor within 30 days,” states the bill.
So far, the power to appoint a search committee was with the governor who used to shortlist one as vice chancellor from the list of five names recommended by the committee.
“The subject of the Bill falls under entry 32 in List II (State list) as also under entry 25 in List III (Concurrent List) in the Seventh Schedule to the Constitution of India. As the provisions of the Bill are repugnant to the provisions of UGC regulations which are enacted under the central legislation namely, University Grants Commission Act, 1956, Hon’ble Governor directed to reserve the Bill for consideration of the Hon’ble President with reference to Article 254(2) of the Constitution,” the letter states further.
“In view of the above, you are requested to communicate the view of the Hon’ble President to the undersigned and to the state government in the higher and technical education department and law and judiciary department,” it added.
According to Article 254(2), if a law is made by the Legislature of a State, with respect to one of the matters enumerated in the concurrent list contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail in that State: Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.
In reply to a text message, Kumar said they have yet not received any communication from the union home ministry in response to the letter.
The officials from state higher and technical education department said that it was an unnecessary move by the Governor as the constitution is clear about which of the Bills requires the President’s assent. “Both the Parliament and state legislature are empowered to make laws on the subject that are part of concurrent list and thus there was no need to seek the President’s views on the bill,” said an official from the higher and technical education department.
“This is not new. The Punchhi commission in its report has recommended that the convention of making the Governors as chancellors of universities should be done away with,” said an officer, wishing not to be named.
Appointed by the UPA government in 2007 and headed by former Chief Justice of India Madan Mohan Punchhi, the commission submitted its report in March 2010.
Ulhas Bapat, constitutional expert, said if there is UGC Act and if this amendment bill is inconsistent to the UGC Act then probably it can be called unconstitutional and the President may give negative remarks. “Because the education subject is in the concurrent list, both the Parliament and state legislature can make the legislation. But there is a clear provision in the constitution that the law passed by the state legislature if not in conformity with the law passed by the Parliament to the extent of inconsistency then it is termed as void,” Bapat said.
The fresh tussle between Governor and Uddhav Thackeray government has delayed appointment of vice chancellor of the universities such as Mumbai, Pune and Yashwantrao Chavan Maharashtra Open University (YCMOU), the officials said, adding, of the three-member search committee, one name has to be suggested by the state government, which is not being done.
Suhas Pednekar, the current VC of the University of Mumbai, is set to retire before the completion of a five-year term as he will turn 65 years old. Pednekar was appointed as the VC in April 2018 and thus his term was supposed to end in April 2023. On April 18, the Mumbai University in a joint meeting of the academic and management councils selected Pramod Kumar Jain, director of the Indian Institute of Technology (IIT-BHU), Varanasi, as the first name for the search committee.
