Academic governance under threat

Kerala's LDF Government and the Governor of Kerala are mired in controversy over the exercise of powers. This time the issue is the appointment of Vice Chancellor. Generally, all the universities in a State will have a common head –the head of State, i.e., Governor. In his capacity as the Chancellor of Universities, the Governor has a very interesting duty. As the head, he has to administer "oath to all the Graduates, Post Graduates and other degree holders, to conduct themselves worthy of degree they possess." Those graduates who fail to attend the convocation will not get the degree certificate without subscribing to the oath, which could not be administered to him by the Chancellor because he was absent. He has to sign the oath format. The students who fill in-absentia form, do it without any seriousness or understanding. Most of them do not even read while hurrying examination cell's clerk wants that formality to be completed.

Unfortunately, the graduates simply ignore or forget this as a ritual. With enormous increase in the number of students and universities, this oath-taking is reduced to an empty formality. None realises that the oath binds them and it aims at building a morally honest society, expecting the students to imbibe integrity through education.

The Constitution of India prescribes different formats of oath to be administered to different Constitutional offices, to morally bind the persons with integrity and commitment to the Constitutional values. There also, leaders are not adhering to the oath. The worst part is that oath is totally forgotten. This is the degradation of the educated class, on a small thing which does not involve any money component.

Governor of Kerala Arif Mohammad Khan wrote a letter to the State government on December 8, expressing his desire to step down as Chancellor to universities in Kerala and requesting Chief Minister Pinarayi Vijayan to take over the Chancellor's post through an ordinance. That letter somehow appeared in the media.

Though most of the appointment orders are signed by Governor, and several orders are released in his name, he may not have the real power of selecting candidates for those positions. Governor is always from out of State, while the Chief Minister is elected by the people, through their representatives based on the majority principle. The people's representatives or the CM is expected to know who is suitable for leading a university, and he sends the names to the Governor for those positions, which Governor generally accepted. The Governor may not routinely sign it. If he thinks, he can check the legality of the exercise of power by the Cabinet or CM. Governor has to act without being guided by political affiliations. However, the rule of law has to be followed and protected. Like CM, the Governor also takes an oath to act according to the Constitution. He has authority to question and verify whether the nomination from the government is in accordance with the law and UGC norms. Again, this checking power needs to be exercised in an unbiased manner.

The burning issue in Kerala was regarding the re-appointment of existing Vice-Chancellor of Kannur University for a second term. The Kannur University Act stipulated an age limit of under 60 years for appointment of the Vice-Chancellor. In November, Higher Education Minister R Bindu recommended 61-year-old VC Gopinath Ravindran to be re-appointed. The Governor sought a clarification on this point. The minister met and told the Governor that it was a precedent in Kerala that the Governor appoints his nominee in the Vice Chancellors Search Committee as per the suggestions of the government.

But the Governor has already signed the re-appointment letter, on the recommendation of the Minister. Later, he described it as improper, brazen political interference, and that he was forced to sign the appointment. Can a Governor be forced?

In a strongly worded letter, the Governor asked the Chief Minister to take over the Chancellorship, because he does not like political interference in academic institution, and relieve Governor of that responsibility. Constituting the 'select committee' to select VC on one hand and recommending re-appointment of the incumbent again will amount to self-contradiction.

A second term to the Vice-Chancellor is not a healthy practice, because this will seriously affect the autonomy and independence of the Vice-Chancellor. The VCs are being re-appointed even when University Act did not provide for re-appointment, saying there is no prohibiting provision. When the Act is clearly mandating to constitute a search committee for shortlisting three names, how can any re-appointment be legally correct?

The Governor was getting huge support from people and the opposition to his stand against re-appointment. Then, the Chief Minister Pinarayi addressed a press conference in Kannur and said: "We want the Governor to continue as Chancellor. We haven't taken away his rights. I assure that the government would not take away the legitimate powers of the Governor as Chancellor. I hope the Governor would not stick to his stand." The CM requested him thrice to continue as Chancellor.

Chancellor vs Vice-Chancellor

Another controversy is in circulation in Kerala about another university. It is reported that Governor was upset that the VC of Kerala University Prof Mahadevan Pillai did not put up his suggestion to confer honorary Doctorate (D. Lit.) on the President of India Ram Nath Kovind, for appropriate body to discuss and decide.

The Governor reportedly said: "He (VC) told me some people were not interested in the idea. When I insisted, he said some syndicate members. When I asked whether he called a meeting of the syndicate, he said no. Then I told him to write the reason on a paper and give it to me." The Governor further added: "My head hung in shame. Pity the V-C can't write two sentences properly… This university is one of the oldest in the country." He did not take names. He referred to a brief informal paper written by the Vice Chancellor and given to him. That letter has been widely circulated on social media. The Governor further said in a media conversation: "Not only writing, he can't converse properly. Whatever I asked, he failed to give a proper reply. After the letter, I feel ashamed to look at the face of others. I feel pity, this is one of the oldest varsities of the country."

Higher Education Minister Bindu said there was no such proposal before her to confer D. Litt on the President of India.

The Chancellor talking in public about a Vice-Chancellor in this insulting manner may send a very wrong signal to students, and it will be difficult for the VC to manage the administration. In fact, the proposal of conferring D. Litt on an eminent person should emanate from the Academic Council and go to next higher bodies for approval, rather than coming from the top to down, that too when the names of persons in high offices are involved.

The debate around the Governor and the government generated through media conferences and sometimes through the leaks to media will not gel with the system of Constitutional governance. It is also a matter of dignity of the office and independence of the academia.

There is no alternative to political executive appointing the Vice-Chancellors. The process should be reformed and transparency has to be ensured. Merit-based, efficiency-tested persons should be selected as education administrators through an objective merit process.

Politicising every field of governance and appointing persons with party affiliation to gubernatorial and education administrative positions will disturb the entire society. Kerala has seen recently how the requisition to summon the House of Assembly which was initially delayed, and only after second serious effort did the Governor act. Going by the media leaks, the Governor was not inclined to read a particular paragraph of his first address to joint session of two Houses of Kerala Assembly, prepared by the government. Fortunately, these incidents did not snowball into major constitutional crises. All these unhealthy developments will raise the issue of relevance of the Governor in present-day system of Constitutional Governance.

(The author is Dean & Professor, School of Law, Mahindra University, Hyderabad, and former Central Information Commissioner) (The opinions expressed in this column are those of the writer. The facts and opinions expressed here do not reflect the views of The Hans India)