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Irrespective of politics, all States must come together on this with a unified action, the country is being taken to a different direction where federalism is under challenge, says Kerala Law Minister
The Kerala government is consulting lawyers on a constitutional question whether “subordinate legislation” or Rules of a Central Act prevail upon an entry on the State List of Constitution or an Act passed by the Assemblies. Kerala Law Minister P. Rajeeve said the present controversies, after Kerala Governor Arif Mohammed Khan’s notice to 11 Vice-Chancellors, is not limited to Kerala. He thinks there is a larger intention by the Centre to control the public universities. Edited excerpts:
What is the background of this controversy over universities?
The recent developments in Kerala wherein the Governor initiated steps to remove all Vice-Chancellors of the State universities had triggered issues of Centre-State legislative competencies. The present controversy is also about the importance of the UGC Act, 1956 and the guidelines issued by the UGC from time to time, which are subordinate legislation or rules based on the UGC Act.
While introducing Entry 66 (57A in draft Constitution), Dr. Ambedkar clarified that the said Entry, 57A, proposes to give powers to the Centre to the limited extent of coordinating the research institu- tions and maintaining the standards in those institutions to prevent them being lowered. The Supreme Court clarified in 1990s that the States and universities should follow certain parameters to get grants from the Centre. But now, the UGC and the Centre have decreased the financial assistance on the one hand and on the other hand, they are trying to take administrative and academic control of the State universities.
Now this question assumes much significance in the context of the recent Supreme Court verdict on the appointment of a Vice-Chancellor to Kerala Technical University and the incidents which erupted as an aftermath of it in Kerala.
“Education” is placed in the Concurrent List by a constitutional amendment, however, the incorporation and regulation of universities are under State List as Entry 32 of the seventh schedule. There are a few national importance universities in the country, which are managed by the Centre. All the other public universities are under the State. There are no restrictions in this function of the State.
So what is the next step of the Kerala government?
Now, the discussion is that this is a Kerala issue. No, this is a national issue. Certain recent Supreme Court orders will make UGC guidelines prevail over State Acts. This issue must be approached as a constitutional issue by the higher judiciary. Lawmaking is the key duty of Legislature. It should not be left to the Executive. Interpretations of these verdicts can lead to Union’s encroachment of several State issues, not just universities. The legislative intent is important and I think higher courts should approach these issues also by understanding the legislative intent.
All States must come together on this irrespective of politics with a unified action. The country is being taken to a different direction, where federalism is under challenge. The Centre is taking administrative control of everything, including those subjects in the States List through executive orders. This is a larger question. We will raise this in Supreme Court. This is an attack against the rights of the States.
But the UGC Act is passed by Parliament. So can the Centre intervene in the functioning of universities?
During my tenure in Parliament, one of the most exciting experiences was when I had objected to the introduction of a legislative Bill which intended to incorporate a university in Bundelkhand. After a healthy discussion in the Upper House, it was finally decided that Parliament has no legislative competency to make an Act for State universities, but Parliament can pass legislation if the university is of national importance.
Parliament has the power to make laws for incorporation of universities of national importance as per Entry 64 of the Union List.
The apex court has now declared that the UGC regulations shall be followed mandatorily. As per this judgment, the Union government can annul or modify any State Acts passed by State legislature on the subjects which come under Concurrent List. The position taken by the Chancellor of Kerala by interpreting the verdict is going to create a crisis in higher education sector all over the country. De facto the new interpretation is bound to create ripples in the federal structure.
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