Who Should Appoint Vice-Chancellors? :The Ongoing Debate⚖️

The appointment of Vice-Chancellors (VCs) to state universities has emerged as a constitutional flashpoint between state governments and the Union, with Governors assuming a contested role as Chancellors of these institutions. The recent legislative maneuvers by Tamil Nadu and other states to divest the Governor of this power raise fundamental questions concerning the erosion of federalism, the scope of state autonomy, and the foundational principles of the Constitution of India.

“Education is the most powerful weapon which you can use to change the world.” — Nelson Mandela 🏛️

I. Constitutional Framework and Division of Powers ⚖️

• Under the Seventh Schedule of the Constitution:
  • Entry 32 of List II (State List) empowers states to legislate on universities (except for central universities).
  • The University Grants Commission (UGC) Act, 1956 often conflicts with state laws.
• The Governor, an appointee of the President under Article 155, acts as Chancellor and asserts control over VC appointments, sidelining the elected state government.
• Tamil Nadu, Maharashtra, West Bengal, and Kerala have challenged this paradigm by proposing or passing legislation to transfer VC appointment powers to the state government.

II. The Role of Governors: A Breach of Federalism? 🚫

• Federalism is a basic structure of the Constitution (Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461).
• The interference of the Governor in VC appointments raises concerns about encroachment on state legislative competence.
• In S.R. Bommai v. Union of India (1994) 3 SCC 1, SC held that states are autonomous entities, not subordinates of the Centre.
• The trend of Governors bypassing state cabinet recommendations undermines the spirit of cooperative federalism (State of Karnataka v. Union of India, AIR 1978 SC 68).

III. Case Precedents on the Limits of Governor’s Discretion ⚖️

• Nabam Rebia v. Deputy Speaker (2016) 8 SCC 1: Governor’s discretion must align with constitutional morality.
• Bihar v. Bal Mukund Sah (2000) 4 SCC 640: Governor’s powers must not override democratic governance.
• If the Governor disregards state recommendations, it dilutes the principle of responsible government.

IV. The UGC’s Overreach: Diluting State Autonomy 🚴‍♂️

• The UGC, under the Ministry of Education, often centralizes higher education governance, reducing state control.
• Article 245 and Article 246 mandate that Parliament and State Legislatures operate within their domains.
• SC in State of Tamil Nadu v. Adhiyaman Educational & Research Institute (1995) 4 SCC 104 held that state laws on education prevail unless expressly overridden by Parliament.

V. Conclusion: A Systemic Federal Breakdown? ⚖️🚨

• The VC appointment dispute is a constitutional crisis affecting federalism.
• Tamil Nadu and other states assert their constitutional authority by removing the Governor’s role.
• The Supreme Court must intervene to reaffirm federalism and constitutional principles.
• Unchecked Governor intervention disrupts democratic governance and state autonomy.

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