Why in the News?

The Governor’s role as Chancellor of State universities has been a topic of significant debate. It is frequently misinterpreted as a post-independence mechanism designed to protect universities from political interference.

What are the implications of having the Governor serve as Chancellor for university autonomy?

• Reduced Autonomy: The role of the Governor as chancellor has historically restricted the autonomy of universities, as this model was inherited from colonial rule. The powers granted to Governors include appointing Vice-Chancellors and presiding over university bodies, which can lead to political interference rather than safeguarding academic independence.
• Political Interference: Instead of insulating universities from politics, the involvement of Governors often exacerbates political influence, particularly when Governors act in alignment with the Central government’s agenda, compromising the universities’ operational independence and academic freedom.
• Dual Authority System: The existence of both the Governor and State governments creates a dual authority that can lead to conflicting directives and administrative paralysis, particularly in Opposition-ruled states where disagreements may delay critical decisions such as Vice-Chancellor appointments.

How does the role of Governors as Chancellors align with or contradict the principles of federalism?

• Concurrent Legislative Powers in Education (Entry 25, List III, Seventh Schedule): Since education falls under the Concurrent List, the Governor’s role as Chancellor facilitates coordination between state and national education policies, promoting synergy.
• Governor Acting Beyond State Government’s Advice (Article 163): When Governors act in their discretionary capacity as Chancellors bypassing the elected state government undermines democratic accountability and state autonomy.
• State Authority over Universities (Entry 32, List II, Seventh Schedule): Control over universities is a state subject, and direct interference by Governors in university administration contradicts the federal principle of centralising authority.

What is the role of the President vs Governors as Chancellors?

• President: As the constitutional head, the functions are based on the aid and advice of the Council of Ministers at the Union level under Article 74 of the Constitution. The President does not directly act as a Chancellor for any educational institution.
• Governor: The Governor, appointed by the President under Article 155, acts as the constitutional head of the state and also serves as the Chancellor of State universities as per state laws, often with discretionary powers. This dual role blurs the line between their constitutional duties and state governance.

What alternative models for university governance could be considered?

• Governor as Ceremonial Chancellor: This model would limit the Governor’s powers, requiring them to act on the advice of the State Council of Ministers in university matters. States like Gujarat, Karnataka, and Maharashtra have implemented variations of this approach.
• Chief Minister as Chancellor: This model proposes that the Chief Minister take on a ceremonial role. While West Bengal and Punjab have passed bills for this system, they await Presidential assent.
• State-Appointed Chancellor: Implemented in Telangana, this model allows state governments to appoint a ceremonial Chancellor who is an eminent academic or public figure, thus ensuring greater alignment with local governance and accountability.
• Chancellor Elected by University Bodies: Similar to models in prestigious institutions like Oxford and Cambridge, this approach empowers university bodies and alumni to elect their Chancellor, promoting institutional self-governance and reducing political influence.
• Chancellor Appointed by University’s Executive Council: This model involves universities appointing their Chancellors through transparent selection processes within their governing bodies, fostering independence from external political pressures.

Way forward: 

• Decentralize University Governance: Empower universities to elect or appoint Chancellors through their governing bodies, fostering institutional autonomy, and transparency to reduce external political interference.
• Restrict the Governor’s Role to Ceremonial Functions: Limit the Governor’s powers in university matters to a ceremonial capacity, ensuring that academic decisions align with the principles of state autonomy and federalism.

Mains PYQ:

Q Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now