- The role of the Governor as Chancellor of State universities has become a contentious issue, often politicized and undermining the autonomy of universities, especially in Opposition-ruled states.
- This position, inherited from colonial rule, is now seen as outdated, contributing to governance issues and political interference. Reform models have been proposed to shift power away from the Governor and into more academically focused hands, ensuring that universities can function independently of political agendas.
Relevance : GS 2(Polity ,Governance )
Historical Context and Political Influence
Colonial Legacy:
- The post of Chancellor, given to Governors of colonial presidencies, was meant to maintain direct British control over universities. This role was inherited by post-Independence Indian states, even though it was not part of the Constitution of India but a state-specific law.
- Originally, the Governor held executive powers such as appointing Vice-Chancellors and nominating members to university bodies. This model was designed to control rather than protect university autonomy.
Shift Post-1967:
- After 1967, when political power in several states shifted from Congress to regional or opposition parties, the Governor’s role became more politicized. Governors, often appointed by the Centre, began acting as political agents of the ruling party, particularly influencing the appointment of Vice-Chancellors and other university decisions, leading to conflict with State governments.
Political Appointment of Governors:
- The trend of appointing political loyalists as Governors has exacerbated the issue. Studies show that a significant number of Governors were active politicians before their appointment, further diminishing the office’s credibility.
Constitutional and Legal Issues
Dual Role of Governors:
- Constitutionally, Governors have a dual role: they function as constitutional heads of the state, acting on the advice of the Council of Ministers, and as Chancellors, where they can act independently in university matters. This dichotomy often leads to tensions, especially when a Governor exercises discretionary powers that bypass the State government’s advice, causing delays in critical decisions like Vice-Chancellor appointments.
Comparing with the President’s Role:
- While the Governor’s role in State universities is unilateral, the President of India, as the Visitor of Central universities, works in consultation with the Ministry of Education, ensuring more coordination and legislative oversight. This discrepancy highlights the flaws in the current system of governance at State universities.
Challenges with the Current System
Governance and Accountability Issues:
- Governors wield significant power over universities but lack accountability, leading to conflicting demands from different authorities. This creates a dysfunctional governance system where universities serve two masters—State governments and the Governor—often with differing priorities.
- Delays in decision-making, especially regarding Vice-Chancellor appointments, lead to administrative paralysis, affecting academic schedules, staff recruitment, and project implementation.
Political Interference:
- Instead of safeguarding universities from political interference, the Governor’s role has become a tool for advancing political agendas, especially in Opposition-led states. This undermines the principle of academic freedom and institutional autonomy.
Insights from Commissions and Proposals for Reform
Rajamannar Committee (1969-71):
- Argued that the Governor should perform his statutory functions (including that of Chancellor) on the advice of the State government, aligning with the principles of federalism.
- However, this interpretation was not upheld by the Supreme Court.
Sarkaria Commission (1983-88):
- Recognized that the Governor’s role as Chancellor should be redefined and recommended consultations with Chief Ministers while maintaining the Governor’s independent judgment in university matters.
M.M. Punchhi Commission (2007-10):
- Suggested that the Governor should focus on constitutional responsibilities and avoid roles like Chancellor, proposing that States appoint eminent academics as Chancellors to ensure academic freedom.
National Commission to Review the Working of the Constitution (2000-02):
- Advocated for reducing the political role of Governors and emphasized a supportive rather than an authoritative role in university governance.
Alternative Models for University Governance
Governor as Ceremonial Chancellor:
- The Governor’s role should be limited to ceremonial functions, acting on the advice of the State Council of Ministers. States like Gujarat, Maharashtra, and Karnataka have adopted variations of this approach.
Chief Minister as Chancellor:
- Some states, such as West Bengal and Punjab, have proposed making the Chief Minister the Chancellor. However, concerns about the political implications of such a model persist.
State-Appointed Chancellor:
- A more widely accepted model involves the State government appointing a ceremonial Chancellor, ideally an eminent academic or public figure, not a politician. Telangana has successfully implemented this approach.
University-Elected Chancellor:
- In line with global best practices (e.g., Oxford, Cambridge), universities could elect their own ceremonial Chancellor, fostering greater autonomy and transparency in the selection process.
