What's behind the ugly face-off between Kerala Gov & CM Vijayan?

The face-off between Kerala Governor Arif Mohammed Khan and the state Chief Minister Pinarayi Vijayan, over alleged political interference in universities, has taken a dubious turn with the former refusing to climb down from his high moral stand. The Governor, who has threatened to step down as chancellor of universities, and has even started to redirect all files related to universities to the CM’s office, has declared he requires “fool-proof” guarantees if he has to resume his work as chancellor.

Who said what in this face-off between the two?

On December 8, the Governor dashed off a letter to the Kerala CM protesting against the reappointment of Prof Gopinath Ravindran as the Vice Chancellor of Kannur University. Since he had to approve the appointment against his better judgement as Chancellor, the Governor asked the CM to take over as the chancellor of universities, which is a post held by the governors in respective states.

In his letter, which he released to the media, he gave his reason as “so that nobody would question the political appointments and interference in the universities”.

The CM however denied the allegation of political interference as “baseless” and said that university VCs are appointed through search-cum-selection committees as per UGC guidelines. Adopting a placatory tone, the the CM Pinarayi Vijayan said the Kerala government does not desire the post of the Chancellor and it is not the policy of the state to have confrontations with the Governor.

Further, Vijayan, who seemed to have been put in a tight spot, added that he was not asking the Governor to do anything against his conscience. But not before pointing out that the Governor was changing his stand after signing the order for the re-appointment and he wondered if there must have been some “interference” or maybe “pressure” making him do this.

Vijayan even later offered an olive branch stating the government desires that the honorouble Governor should continue in his post as chancellor and he hoped that he will change his stand on this. But the Kerala Governor refused to budge from his obdurate stand and dug in his heels on the matter.

Also read: Kerala guv denies permission for special assembly session to reject farm laws

How did this turn of events come about? What is this highly-publicised row about?

Last month, in an unusual turn of events, the Vice Chancellor of Kannur University Prof Gopinath Ravindran was reappointed for another four years despite a notification for a fresh appointment. The Kannur University Act states that no person above the age of 60 shall be appointed as Vice Chancellor. The reappointment of Prof Ravindran as VC is reportedly violating the law as he had crossed the age of 60 years.

The Governor had approved the reappointment apparently against his “better judgement” as he later wrote in a hard-hitting letter to the CM. The Governor had written, “I wish to make clear that in that matter I did something against my better judgement, but I don’t wish to do such things any more. And at the same time, I don’t wish to pursue a course of conflict with my own government.” He also said that he had tried to convince the legal advisor to the chief minister that reappointment is not an extension of the term of an incumbent VC.

What are the other contentious issues raised by the Kerala Governor?

The state government recently amended the University Act, which took away the powers of the Governor as Chancellor to make appointments to the University Appellate Tribunal. This amendment was made without consulting the high court with regard to the appointments. The Governor has raised this issue about the amendments since it gives absolute power to the state government to make appointments to the tribunal.

The Governor is also peeved about the Higher Education department not taking any action despite repeatedly reminding them about the non-payment of salary of the Sree Narayana Guru Open University Vice Chancellor Prof Mubarak Pasha even a year after his appointment. There is also delay in the appointment of faculty in this university, which the Governor has raised.

Further, the Governor had appointed a selection committee, which, as per the UGC guidelines, should shortlist three names for the VC post of Sanskrit University. However, the selection committee, which initiated the process in September this year, recommended only a single name, which is against the norms laid down by the UGC. The governor turned down the recommendation as it did not give him an opportunity to handpick.

What is the power of Governors in state universities?

The state Governor is the ex-officio chancellor of the universities in that state. The power and function of the Chancellor are laid out in the statutes that govern the universities under a particular state government. Though their role in appointing the Vice Chancellors has often led to crossing swords with the political executive.

In Kerala, the Governor as Chancellor acts independently of the Council of Ministers and takes his own decisions on all University matters. However, in Rajasthan it is a different story as the Governor appoints the Vice Chancellor on the advice/ in consultation with the State Government, said an Indian Express report.

Is this the first time the Kerala Governor is taking on the CPI(M) ruled Kerala government?

This quarrel over political interference in university appointments is not the only bone of contention between the Kerala CM and Governor. The Governor has been at cross-hairs with the government earlier too.

In 2020, Khan had turned down the recommendation of the state Cabinet to convene a special session of the Assembly to discuss the new farm laws of the Union Government. And even went to the extent of questioning the purpose of summoning the legislature. He had also criticised the government when the Assembly passed a resolution demanding that the Centre revoke the Citizenshoip (Amednment) Act. Khan had stated the resolution was unconstitutional and insignificant.

Are such face-offs political?

Face-offs between the governor and political executive are common in states run by political rivals of the party running the Union government. The governors are appointed by the President of India.

In West Bengal, in 2019, the Trinamool Congress government had curbed the powers of the Governor in appointing VCs, and to take action against them. The state universities were empowered to convene meetings of key decision-making bodies without informing the Governor. Further, all communication between the Governor and the VCs would have to go via the state education department, the government had ruled.

In Odisha, the state government and the University Grants Commission are currently engaged in a legal dispute in the Orissa High Court over the Odisha Universities (Amendment) Act. The Act brings appointments to universities in the state under the control of the state government. The UGC has challenged the Act, saying it violates its regulations, a charge denied by the state government.

The most infamous running battle was held between Puducherry Chief Minister V Narayanasamy and Lt Governor Kiran Bedi over what powers the latter had over the Union Territory. Narayanasamy has accused Bedi of interfering in issues like distribution of free rice, recruitment of teachers and payment of salaries to teachers working in aided schools.