In what is being hailed as a major victory for the ruling DMK (Dravida Munnetra Kazhagam) in Tamil Nadu, the state Governor RN Ravi has decided to withdraw search committees that he had unilaterally constituted for the appointment of Vice Chancellors for three state universities—University of Madras, Bharathiar University, and the Tamil Nadu Teachers Training University. The committees were controversially inclusive of a University Grants Commission (UGC) Chairman’s nominee.
The Tamil Nadu government challenged the Governor’s move of constituting search committees, asserting that it was illegal. In response, the state government reconstituted the committees, excluding UGC nominees. The entire matter had been taken to the Supreme Court for resolution.
The decision to withdraw the search committees comes ahead of the Supreme Court hearing on the issue. The state government, in addition to contesting the Governor’s appointments, is seeking a specific timeframe for Governors to dispose of bills passed by the state assembly. This includes approvals for appointments to key bodies like the Tamil Nadu Public Service Commission and investigations into corruption allegations against former ministers from the AIADMK.
The issue has broader implications, with more than ten bills passed by the Tamil Nadu assembly pending with the Governor for as long as three years. Some of these bills aim to curtail the powers of the Governor in appointing Vice Chancellors for state universities in his capacity as Chancellor. The Governor had returned these bills ahead of an earlier Supreme Court hearing. While the Tamil Nadu assembly swiftly re-enacted them, the Governor, controversially, chose to refer them to the President. The court observed that the Governor couldn’t exercise this option after the assembly’s second re-enactment.
Similar disputes between opposition-ruled states, such as Kerala and Punjab, and BJP-ruled Union Government-appointed Governors have reached the Supreme Court. Allegations include delays in approvals and claims of Governors undermining duly elected governments, impacting the states’ development.
The Supreme Court, in recent pronouncements, has reinforced the principle that Governors should abide by the aid and advice of the council of Ministers. Following this, a meeting between the Tamil Nadu Chief Minister MK Stalin and Governor RN Ravi took place. During the meeting, MK Stalin urged the Governor to withdraw bills sent to the President and promptly grant assent to them, along with addressing other pending pleas.
However, the Governor, referencing orders from the Madras High Court and the Supreme Court regarding the appointment of Vice Chancellors in Puducherry and Kerala, has urged the state to reconstitute the committees by including a UGC nominee. This move adds a new layer of complexity to the ongoing debate on the role and powers of Governors in state governance matters.
The DMK, the ruling party in Tamil Nadu, is optimistic about the developments, calling it a major victory. Nevertheless, DMK MP and legal counsel P Wilson expressed concerns about the Governor’s insistence on UGC recommendations, stating, “Every University in Tamil Nadu is governed by an Act, and here we have not accepted the UGC recommendation to include a UGC Chairman nominee. So judgments in the case of universities can’t apply here. The Governor can’t turn into a judge.” The situation continues to unfold, prompting a closer examination of the constitutional dynamics at play.
