Govt acting as Chancellor not bound by state advice :SC

Govt acting as Chancellor not bound by state advice :SC

Subject :Polity

Section: Federalism

Context: Governors acting as Chancellor not bound by advice of ministers, says Supreme Court

More about the news:

• The Supreme Court of India ruled that Governors, when acting as University Chancellors, are not obligated to follow the advice of the council of ministers.
• The decision came as the court invalidated the reappointment of Gopinath Ravindran as Vice-Chancellor of Kannur University.
• The three-judge bench, led by Chief Justice D Y Chandrachud, emphasized that the Chancellor and the State Government are distinct authorities according to statutes, and the Governor, as Chancellor, acts in a personal capacity.
• The ruling stated that the powers and duties exercised by the Governor as the University Chancellor have no connection to those performed as the Governor of the state.
• The judgment highlighted the principle that statutory powers must be executed by the designated body or authority and any delegation of such powers is considered an abdication of statutory mandate, contrary to the rule of law.
• The decision referred to a 1981 judgment emphasizing the Governor’s independence in appointing/removing a Vice-Chancellor, asserting that the Governor, as the ex officio Chancellor, is not bound by the advice of the council of ministers in this context.

What is the role of the Chancellor in public universities:

• State public universities are established through laws passed by state legislatures.
• In most laws the Governor has been designated as the Chancellor of these universities.
• The Chancellor functions as the head of public universities, and appoints the Vice-Chancellor of the university.
• The Chancellor can declare invalid, any university proceeding which is not as per existing laws.
• The Chancellor also presides over the convocation of the university, and confirms proposals for conferring honorary degrees. (This is different in Telangana, where the Chancellor is appointed by the state government.)
• The Chancellor presides over the meetings of various university bodies (such as the Court/Senate of the university).
•  The Court/Senate decides on matters of general policy related to the development of the university, such as:
  • Establishing new university departments, 
  • Conferring and withdrawing degrees and titles, and 
  • Instituting fellowships.

Does the Governor have discretion in his capacity as Chancellor:

• In 1997, the Supreme Court of India ruled that the Governor is not bound by the advice of the Council of Ministers when performing duties related to a separate statutory office, such as that of the Chancellor in educational institutions.
• The Sarkaria and Puunchi Commissions, which addressed the Governor’s role in educational institutions, agreed that the Governor is not legally obligated to follow the advice of the Council of Ministers while carrying out statutory functions.
• Both commissions suggested that it could be beneficial for the Governor to consult the relevant Minister despite not being bound by their advice.
• The Sarkaria Commission recommended that state legislatures should refrain from granting statutory powers to the Governor beyond those envisioned by the Constitution.
• The Punchhi Commission noted that the Governor’s role as Chancellor may expose the office to controversies or public criticism, advocating for limiting the Governor’s role to constitutional provisions.
• The West Bengal University Laws (Amendment) Bill, 2022 cites this recommendation from the Puunchi Commission in its Statement of Objects and Reasons.