A recent Supreme Court opinion has intensified ongoing conflicts between state governors and elected governments, particularly impacting public universities in opposition-ruled states. Governors, serving as ex-officio chancellors, are increasingly asserting control over university appointments and administration, leading to delays and academic disruption.
Judicial Decisions Escalate Standoff
Last month, a five-judge Supreme Court bench stated courts cannot impose timetables for governors to assent to state bills or “deem consent.” This ruling contrasts with an earlier decision that ratified 10 pending Tamil Nadu bills. In that prior ruling, the court called the governor’s delay “erroneous” and “illegal.” It also set a three-month deadline for governors and the President to act on bills.
This reversal will likely escalate the standoff between state governments and governors. The clash has severely affected higher education, making state universities central to these power struggles.
Governors’ Role: A Colonial Legacy Under Scrutiny
The practice of governors acting as ex-officio chancellors of state universities originates from the British Raj, established in 1857. This post-independence arrangement grants governors powers, most prominently Vice-Chancellor (VC) appointments.
The exercise of these powers has long been controversial. The 1969 Rajamannar Committee advised governors to act on state government advice. The 1983 Sarkaria Commission suggested governors consult chief ministers but noted no obligation to always follow ministerial advice. The Supreme Court has affirmed the governor’s discretionary powers.
In contrast, the 2007 Punchhi Commission recommended removing governors from positions not constitutionally envisioned. It stated the historical relevance for university chancellorship had ended. It also suggested a six-month limit for governors to act on bills.
Conflict Over Appointments and Governance
The conflict intensified during the Narendra Modi government’s second and third terms. Governors, historically nominal chancellors, began asserting powers over VC appointments and university governance. State governments attempted to curtail these discretionary powers but faced roadblocks. In Tamil Nadu, Governor RN Ravi delayed 10 bills related to public universities, many seeking to reduce gubernatorial powers.
Many view these actions as a central government strategy to centralize education power. Some, however, see it as a necessary intervention for uniform standards.
Direct Impact on State Universities
The stalemate has damaged state universities in opposition-ruled states like Tamil Nadu, Kerala, West Bengal, Punjab, and Himachal Pradesh. Universities face delays in VC appointments, funding shortfalls, and faculty vacancies. Academic activities, including exams and research, are affected. Proposed laws for new universities remain in limbo.
State-Specific Challenges:
- West Bengal: Former Governor Jagdeep Dhankar accused the state government of “illegally” appointing VCs. His successor, CV Ananda Bose, appointed interim VCs, leading to a state appeal to the Supreme Court.
- Kerala: The state endured legal battles over VC appointments, requiring Supreme Court intervention. Officials allege Governor Rajendra Arlekar is appointing individuals aligned with the Rashtriya Swayamsevak Sangh (RSS) to university bodies.
- Maharashtra: Even in this BJP-ruled state, officials blamed governors for delays in filling 11,000 vacant faculty positions, citing gubernatorial demands for stricter hiring norms.
Allegations of Political and Ideological Agendas
State governments often perceive gubernatorial maneuvers as attempts to undermine their governing abilities or push ideological goals. Kerala officials allege the governor’s actions, such as referring the Kerala State Private Universities (Establishment and Regulation) Bill, 2025 to the President, aim to create a “governance crisis.” They argue this is political, noting most Indian states have similar private university laws.
Universities often become bargaining chips for governors seeking to influence other state affairs. A Karnataka university official stated the governor’s chancellor status acts as a “major tool to control the state’s affairs.”
Academic Operations Stalled
The administrative tug-of-war negatively impacts university reputation and daily operations. Faculty members report interventions “steadily pulling decision-making away from academic bodies.” Uncertain VC appointments leave universities without stable leadership, delaying syllabus revisions, affiliations, and research committee formations. Funds for laboratories, hostels, and maintenance are also held up.
At the University of Kerala, internal conflicts have reportedly suspended a registrar and stalled 64 PhDs, over 300 teacher promotions, and proposals for 200 research guide changes. Semester exams were delayed. Some governor appointees reportedly lack academic credentials, dampening faculty morale and hindering knowledge generation.
Despite acknowledging state governments also make political appointments, university and state authorities argue federalism dictates states, as funders, should have the primary say in their institutions’ affairs.