Context:
- Kerala Governor Rajendra Vishwanath Arlekar publicly criticised the Supreme Court’s intervention in the appointment of Vice-Chancellors (VCs) in Digital University Kerala and APJ Abdul Kalam Technological University.
- The remarks highlight an ongoing constitutional and federal dispute involving the Governor (as Chancellor), State Government, Universities, and the Judiciary.
Key Highlights:
Issue of Judicial Overreach:
- The Governor alleged a “tendency of one institution usurping the role of another” in a democracy.
- Asserted that sovereign power rests with Parliament and legislatures, while courts are meant to interpret the Constitution, not amend it.
Vice-Chancellor Appointment Process:
- As per University Grants Commission (UGC) Regulations, the Chancellor (Governor) has the authority to appoint Vice-Chancellors.
- Supreme Court judgments mandated search committees and laid down procedural norms, which the Governor argues are being judicially imposed beyond constitutional limits.
Governor’s Concerns:
- Termed such interventions as “judicial overreach” and “tasking courts with administrative functions”.
- Emphasised that each institution must function within its constitutional domain.
Stakeholders Involved:
- Governor (Chancellor of Universities)
- Supreme Court of India
- State Government of Kerala
- Public Universities & UGC
Relevant Prelims Points:
- Governor as Chancellor: In most states, the Governor acts as the Chancellor of state universities.
- UGC Regulations: Provide a uniform framework for VC appointments.
- Judicial Review: Courts can examine legality and constitutionality, not administrative wisdom.
- Issue: Conflict between judicial activism vs separation of powers.
- Impact: Delays in appointments, administrative uncertainty in higher education.
Relevant Mains Points:
- Separation of Powers: Judiciary, Legislature, and Executive must operate within defined limits.
- Federalism: Education is in the Concurrent List; state autonomy vs central norms.
- Judicial Activism vs Overreach: While courts protect constitutional values, excessive intervention may affect governance efficiency.
- Keywords: University autonomy, constitutional morality, judicial review, federal balance.
- Way Forward:
- Clear legislative guidelines on VC appointments.
- Harmonisation between UGC norms, state laws, and judicial interpretations.
- Institutional dialogue to avoid constitutional deadlocks.
UPSC Relevance (GS-wise):
- GS II: Constitution, separation of powers, federalism, judiciary–executive relations
- GS IV: Institutional ethics, constitutional propriety, checks and balances