Open Forum

New Delhi, 16 November 2022

Role of Governors

STATE GOVTS CHALLENGE POST

By Dhurjati Mukherjee

Recently Vice-Chancellors of seven Kerala universities have moved the High Court seeking direction to cancel the Chancellor’s show cause notice against their continuation in office. This is the result of a controversy whereby Governor Arif Mohammed Khan, who is the Chancellor of seven universities, had on October 24 served show notice to nine VCs for not following his orders to submit their resignation by 11.30 a.m. on that day.

Khan is reported to have cited non-compliance of UGC norms in the appointment of VCs in an open confrontation with the LDF government. His orders were based on the Supreme Court judgment on October 21 that set aside the appointment of M.S. Rajasree, Vice-Chancellor of APJ Abdul Kalam Technological University for not complying with UGC regulations. In a latest development, Kalamandalam deemed university removed the Governor as its Chancellor through an executive order, while the Telangana government is considering removing the Governor as Chancellor of all State universities. 

The debate over the powers of a Governor has been a long-standing issue and there has been several legal cases in this regard. Right from B. R. Ambedkar onwards, various courts have repeatedly underscored in cases such as Shamsher Singh & Anr. Vs State of Punjab (1974) that the Governor does not enjoy greater powers vs-a-vis the State government. 

The Kerala law minister recently stated that no law says that the Governor should be mandatorily made the Chancellor. A few months back the Bengal government has removed the Governor (now Vice President) from the chancellorship of all universities in the state. The West Bengal University Laws (Amendment) Bill, 2022 designated the Chief Minister of West Bengal as the Chancellor of the 31 public universities in the State.  Further, the Chief Minister (instead of the Governor) is now the head of these universities and would preside over the meetings of university bodies (such as Court/Senate).

There was confusion all around among experts on this issue. One may refer here to the Sarkaria and Puunchi Commission, which dealt with the role of the governor in educational institutions.  Both Commissions concurred that while discharging statutory functions, the Governor is not legally bound by the aid and advice of the Council of Ministers.  However, it may be advantageous for the Governor to consult the concerned minister.

The Sarkaria Commission recommended that State legislatures should avoid conferring statutory powers on the governor, which were not envisaged by the Constitution. The Puunchi Commission observed that the role of Governor as the Chancellor may expose the office to controversies or public criticism. Hence, the role of the Governor should be restricted to constitutional provisions only. The Statement of Objects and Reasons of the West Bengal University Laws (Amendment) Bill, 2022 also mentioned this recommendation given by the Puunchi Commission.

Recently, some States have taken steps to reduce the oversight of the Governor in state public universities. In April this year, the Tamil Nadu Legislative Assembly passed two Bills to transfer the power of appointing the VC (in public universities) from the Governor to the State government, which later received the former’s assent. 

Much earlier in 2021, Maharashtra amended the process to appoint the VC of State public universities. Prior to the amendment, a Search Committee forwarded a panel of at least five names to the Chancellor (who is the Governor) who could then appoint one of the persons from the suggested panel as VC. The 2021 amendment mandated the Search Committee to first forward the panel of names to the State government, which would recommend a panel of two names (from the original panel) to the Chancellor. The Chancellor must appoint one of the two names from the panel as VC within thirty days.  

There has been muck debate also on the role and powers of the Governor. Though the Governor was earlier selected among eminent persons, mostly academics, the situation changed over a decade or two back with veteran politicians of the ruling party being selected for the post. Thus, the Governors have not been able to perform their duties in an independent and judicious manner.

However, with the passage of time, things have been changing with the States not ready to accept a non-elective person interfering in the matters of the state. Though there is no immediate possibility of the post of Governor being abolished as the Centre would like to have a trusted man in the States not ruled by it, political scientists believe that in the coming years this post would have no value. In fact, already the Governor’s powers are very little, as per the Constitution.    

In most Opposition ruled States, the bureaucracy is seen to ignore the Governor as there are multiple agencies, both at the Centre and in States to look after law and order problem. In West Bengal and Kerala, the bureaucracy hardly meets the Governor, leaving the latter to send reports to the Home Ministry on such matters. And, even if a serious situation develops, the elected government is not made answerable or accountable. Only the Governor, in the present circumstances, may keep a check on behalf of the ruling party at the Centre.     

All this is because Governors are not elected but selected. They do not represent the unnamed multitudes of India, the sons of the soil, who toil to make India what it is. They are not chosen by the people, but represent the baggage of vested interests of those who want to ensure their raj remains on democratically elected State governments. And for this unwholesome service, these governors not only draw fat salaries, but pensions also extend to their spouses. 

Finally, one is reminded of Dr Ambedkar, who, while speaking on the role of a Governor in the Constituent Assembly, said, “If the Constitution remains in principle the same as we intend that it should be, that the Governor should be a purely constitutional Governor, with no power of interference in the administration of the province.”

Thus, it is high time to eliminate the ceremonial post more so as it tends to slow down democracy in India. These dignitaries who have no accountability to the electorate but yet determine the fate of the people need to go and it is time to turn Raj Bhavans into museums or public utilities, rather than spending crores to stroke egos of some who believe themselves to be above and beyond the people of this country

There may be an agreement with political scientists who are seeking abolishing of the post of governor. Moreover, the expenses incurred on the Governor could be gainfully used for development work, which is suffering due to the high debt burdens of most States. When the government is thinking of reducing expenditure on all fronts, there is thus an urgent need to give a serious re-think on this issue. A national commission of experts could be set up at the national level to examine whether the continuance of the ornamental role of governor is necessary or not.---INFA

(Copyright, India News & Feature Alliance)