Kerala government proposes Ordinance to strip Governor of Chancellor’s role

Subject: Polity

Context:

Kerala Cabinet on Wednesday decided to bring in an ordinance to strip the Governor of university Chancellor’s role.

What is the issue:

Kerala Governor Arif Mohammed Khan and the State government have major differences over multiple issues.
The latest controversy has arisen after he sought the resignation of several vice-chancellors following a Supreme Court judgment setting aside the appointment of the Vice-Chancellor of a technology university.
The governor withdrew 15 of his nominees from the senate of Kerala University in his capacity as the chancellor of the university.
The whip on the Senate members was issued after they kept away from a meeting of the university body which should have proposed its nominee for the search-cum-selection committee for the next V-C of the university.
Earlier, Arif Mohammed Khan had formed a search committee without the Senate nominee.
Since the University Act mandates that the committee should have a nominee of the Senate and there was no recommendation for the nominee from the CPI(M)-dominated Senate, Khan notified only a two-member committee.

What State Cabinet has decided:

Kerala Cabinet had decided to bring in an ordinance to strip the Governor of university Chancellor’s role. In Kerala, the Governor is, by virtue of his office, the chancellor of all universities in the state.
The Cabinet had decided to recommend to the Governor to promulgate an ordinance toappoint eminent academicians to the post of Chancellor.

What are the constitutional power of the Governor:

Article 163: There shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
Article 164: The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.
Article 174: The Governor can also summon, prorogue, and dissolve the Legislative Assembly. By convention, he does this on the advice of the Council of Ministers while they enjoy the confidence of the Assembly.
Article 200: Every Bill passed in an Assembly has to be sent to the Governor, after which he has four options
To assent to the Bill,
Withhold assent,
Reserve the Bill for the consideration of the
Return the Bill to the legislature, asking it to reconsider the Bill or an aspect of it. The Governor can also suggest an amendment to the Bill.

What is ordinance:

An ordinance is any law promulgated by the President or Governor when the Indian parliament or state legislature is not in session.
These ordinances have the same legal force and effect as an Act of Parliament or state legislature, but they are only temporary in nature.

What is the Ordinance Making Power of Governor:

Article 213 states that the Governor of the state may issue ordinances when the state legislative assembly or either of the two Houses in states with bicameral legislatures is not in session.

What are the properties of the Ordinance:

An ordinance can be retrospective, which means that it can be enacted prior to its approval.
An ordinance passed while Parliament or state legislative assembly is in session is deemed null and void.
To stay a law, the Ordinance must be approved byParliament or state legislative assembly within six weeks of its reassembly. Its existence is terminated if the Parliament or state legislative assembly does not act within six weeks of its reassembly.
Acts, laws, and events that occurred as a result of the ordinance remain in effect until it expires.
Ordinance promulgation cannot be regarded as a substitute for the President’s or Governor’s legislative authority.
Ordinances cannot be used to revoke the fundamental rights of the citizens guaranteed by the Indian Constitution.