​Governors as Chancellors: On the submission by the Kerala Governor  

The recent submission by Kerala Governor Rajendra Vishwanath Arlekar to the Supreme Court of India, contending that the Chief Minister of Kerala has no role in the appointment of the Vice-Chancellors (V-C) of A.P.J. Abdul Kalam Technological University and Digital University Kerala, is another instance of how recent Governors are the political and ideological adversaries of an elected State government — as seen in Kerala, Tamil Nadu, and, to some extent, West Bengal. Mr. Arlekar had appealed against an attempt by the Court to break the long-standing impasse over V-C appointments to these universities by guiding the creation of search-cum-selection committees and laying down rules. The Governor submitted that the 2018 UGC rules for search-cum-selection committees mandate persons of eminence in higher education and must not be connected in any manner with the university or its colleges. Thus, according to his submission, the Chief Minister, as someone intimately connected to all such institutions in the State, had no role. The draft 2025 UGC Regulations take this further by divesting State governments of a role in appointing V-Cs and bringing it under the Chancellor’s purview. While the Court will rule on the merit of Mr. Arlekar’s position, it is worth noting that Governors in States ruled by the BJP or its allies do not seem to have such problems with the governments they nominally head.

Governors were originally instruments of colonial power and were retained by independent India. From the very beginning, however, they have often acted as political agents of the ruling party at the Centre. Over time, central and State legislation defined and restricted the discretionary powers of Governors which were vested in them by the Constitution. After Independence, State governments retained the colonial-era practice of having Governors as heads of universities — to continue the stated intention of ensuring independent higher education as well as to have a “father figure” or a wise elder. The Acts passed by State legislatures, such as those for A.P.J. Abdul Kalam University, specifically define who the Chancellor will be. The Governor owes his or her position as Chancellor of a university to the respective State government. Even as the Court circumscribes the gubernatorial powers regarding the signing of Bills into law, State governments are acting decisively against having Governors as Chancellors of State universities — one of the few other domains where Governors have a strong say. Punjab and West Bengal, for instance, have passed a law making the Chief Minister the Chancellor. University heads need to be hands-on, distinguished academicians with a broader profile and vision, and strong managerial skills, rather than political appointees, State or Union.