Tamil Nadu govt. is weighing its options on Madras University Amendment Bill, says Higher Education Minister

After President Draupadi Murmu returned the Chennai University Amendment Bill, 2022, which sought to empower the State to appoint the Vice-Chancellor, the Tamil Nadu government is weighing its options, and will take a decision soon.

The State government was informed that the “President of India has withheld her assent from the Bill” without any reason or objection being stated.

Higher Education Minister Govi. Chezhiaan told The Hindu that there were options available and the final decision would soon be taken by the Chief Minister. The appointment of Vice-Chancellors should be the State government’s prerogative, he said, and the State Assembly had passed the Bill in April 2022.

The delay on the part of Governor R.N. Ravi in forwarding the Bill by over a year was condemnable, Dr. Chezhiaan said. Mr. Ravi reserved the Bill for the President’s consideration, stating that it would go against the UGC regulations and established norms. “This shows the partisan behaviour on the part of the Governor, proving that he is not fit to hold the post,” the Minister said.

The Bill sought to replace the word, ‘Chancellor’, with the word, ‘Government’, in Section 11 of the Madras University Act, 1923, which deals with the appointment of Vice-Chancellors, thus seeking to establish greater control of the State government in the affairs of the university.

The Statement of Objects and Reasons of the Bill noted that in Gujarat and Telangana, the respective State governments have the power to appoint Vice-Chancellors, while in neighbouring Karnataka, Vice-Chancellors are appointed by the Chancellor in concurrence with the State government.

While the Tamil Nadu government considers its next course of action, a section of government officials feels that a deadlock has been reached and there are very few options available for the Tamil Nadu government. Had the Governor returned the Bill, the Assembly could have sent it back, thus making it binding on the Governor. However, there is no such precedence for the President’s consideration.

Legal options, too, have been limited after the recent pronouncement of a five-judge Bench of the Supreme Court on the Presidential Reference on the powers of the Governor and the President regarding assent to, withholding, or reservation of Bills.

The State may draw up a fresh Act with new provisions and get it passed by the Assembly before sending it for assent, but there is no guarantee that it will break the impasse, the officials say.

Tamil Nadu Congress Committee president K. Selvaperunthagai said the return of the Bill by the President was a setback to the principle of cooperative federalism. In a statement, he said the State government had passed the Bill in 2022. He said the President’s decision, taken on the advice of the BJP-led government at the Centre, was condemnable. He pointed out that in Gujarat and Telangana, Vice-Chancellors were being appointed by the State governments.

He also urged the Chief Minister to consider the next course of legal action on the President’s decision.