On March 25, the Kerala Legislative Assembly passed The University Laws (Amendment) Bill, 2025, which seeks to increase the state government’s control over academic institutions by reducing their autonomy, eliminating Chancellor from the affairs of the Universities. The bill attempts to amend the acts of eight Universities such as the University of Kerala, Mahatma Gandhi University, Calicut University, Sree Sankaracharya University of Sanskrit, Kannur University, Malayalam University, CUSAT, APJ Abdul Kalam Technological University.
This University Laws (Amendment) 2025, Bill is a negative development in an attempt to make Kerala a knowledge hub. The proposed amendments have some common features such as reducing the powers and involvement of Chancellor (Governor) in the affairs of university, enhance powers and intensify the involvement of Pro-Chancellor (Kerala State Minister of Higher Education), reduce and transfer powers of Vice – Chancellor to the Syndicate, Registrar and Pro-Vice Chancellor.
The bill is an attempt to reduce and almost remove discretionary powers of the Vice-Chancellor and most of his powers are appropriated by the syndicate (Executive body mostly nominated by the state government) and delegated to the Registrar and Pro-Vice Chancellor. Though the nominations made by the Vice-Chancellor to the executive and academic bodies of the Universities are restricted by strict conditions, the nominations of the syndicate to such bodies are made free from such restrictions and conditions.
Salient Features of the University Laws (Amendment) 2025, Bill.
1. The Violation to the concept of Separation of Powers:
· As per the impugned Bill the Pro-Chancellor is The Minister-in-charge of the Higher Education Department of the State shall, by virtue of his office, be the Pro-Chancellor of the University. In the absence of the Chancellor, the Pro-Chancellor shall, when present, preside over the meetings of the Senate and at any convocation of the University. The said provision is clearly the intrusion and the extension of the legislature into the executive in violation to the concept of separation of powers.
The Honorable Courts had examined the Governor’s authority as Chancellor concerning nominations to the University Senate. The Court concluded that the Governor, in the capacity of Chancellor, exercises powers granted by the University Act independently and is not bound by the advice of the Council of Ministers. This judgment highlighted the statutory autonomy of the Chancellor’s role within the university governance framework. The vast powers conferred to the Pro Chancellor who is a minister leads to the misuse of power resulting in the arbitrary rule. The vast powers conferred to a non-academic non-executive entity who is also a Minister belonging from a political party is nothing but the absolute power leading to absolute corruption. However, in the proposed amendments, the Pro-Chancellor appropriates more powers and encroaches upon the powers and jurisdiction of the Chancellor which defeats the basic principles of legislation and we foresee a legal deadlock. We shall prevent the same protecting the constitutional principles of separation of power in the State of Kerala.
2. Excessive Delegation of Powers
· The impugned bill creates a provision for the Chancellor to delegate the powers to Pro- Chancellor. The extent to which the Chancellor of a University can delegate the duties and powers to other authority and the permissibility of the same with respect to the UGC regulation is ought to be thoroughly examined to prevent arbitrariness in action in the present and the future.
3. The impugned bill and the repugnancy with UGC regulations, 2010 and 2018 and UGC Hand Book for Vice Chancellors.
· The judicial interpretations had in various instances underscored the autonomous nature of the Chancellor’s role in university governance, affirming that the Governor, when acting as Chancellor, must exercise independent judgment in accordance with statutory provisions. The Draft University Grants Commission (UGC) Regulations of 2025 enhanced the powers of Governors in their capacity as Chancellors. Meanwhile the impugned bill has restricted the autonomy of the Chancellor by substituting the words “prescribes by the statutes” in the place of “determined by the Chancellor”. The said amendment is only with an intention to take away the autonomy of the Chancellor attempting to make the Chancellor a rubber stamp to act only within the statutes legislated by the State Government though in repugnancy to the UGC regulations.
· The UGC regulations 2010 and 2018 clearly state the powers of the Chancellor to appoint Vice-chancellors. The present practice of appointing Pro-vice chancellors is done by the Chancellor on the recommendations of the Vice-chancellor. The tenure of the Pro-Vice Chancellor is co-terminus with the Vice-Chancellor. The impugned bill suggest that Pro-Vice chancellors are appointed by the Syndicate on the recommendations of the Vice-Chancellor. The same is nothing but an attempt of infiltration of politics into academia and the violation of central statutes (UGC) in an indirect manner.
4. The failure to maintain minimum educational standards
· The Honorable Supreme Court of India has observed the necessity of maintaining minimum standards in education. Though the UGC Draft regulations 2025 never mentions about the post of Pro-Vice Chancellor, the proposed bill states to appoint an academic in the level of Associate Professor as Pro-Vice Chancellor of the University. Pro-Chancellor (PVC) is expected to act in the absence of Vice-Chancellor and PVC is the second highest administrative and academic head of the University. By loosening minimum qualifications for PVC, the intention of this legislation is malafide and nothing but poorly qualified teachers of the unions affiliated to the ruling party to be placed in the post of PVCs in various Universities of the state of Kerala.
5. The excessive sting of power in the Syndicate is arbitrary.
· The composition of the Syndicate is altered in the impugned bill increasing the role of state government in university governance. In result. the Governance of the University is would be on the whims and fancies of the then ruling party affecting the stability and the quality of education.
· Through the impugned bill, the Syndicate is empowered to misappropriate powers of the Chancellor: The constitution of Expert Committee nominated by the Syndicate in the absence of formally constituted Boards of Studies and its tenure decided by the Syndicate providing a maximum period of two years. is arbitrary and irrational. This amendment undermines the role and importance of Boards of Studies in the Universities prescribed by the original statutes of the Universities in the State of Kerala.
· The power of the Chancellor to appoint Pro-Vice Chancellor is misappropriated by the Syndicate which is legally not sustainable.
· Syndicate of the University overshadows the powers of the Vice-Chancellor also.
· Powers of the Syndicate to approve panel of examiners and chairman and Members of the Boards of Studies is excessive and lead to politicization of confidential works and all statutory bodies of the University.
6. The autonomy of the educational institution is deeply affected
· Excessive powers to the Pro-chancellor (Higher Education Minister) erodes autonomy of universities in the state. The proposed amendments states, “The Pro-Chancellor shall have the right to bring any matter, which he considers important or a matter involving the policy of the government, to the attention of the chancellor or to any authority or officer of the University and seek appropriate action”. The bills further states that, “The Pro-Chancellor shall have the right to cause an inspection to be made by such person or persons as he may direct of the University, its buildings, laboratories and equipment, and of any college or institution maintained by the University; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finance of the University, colleges or institutions”. The bill again states that, “The Pro-Chancellor shall, have the right to call for any information relating to the academic and administrative affairs of the University and such requisition shall be complied with by the University. The above points erode the autonomy of the Universities and merely reduce the Universities into the status of a normal government department makes the role of the Chancellor in the helm of affairs insignificant.
7. The authority of the Chancellor is made insignificant:
· UGC, in its original Act, wants administration of education to be out of party politics and wants to ensure neutrality and justice by entrusting on the Governor of the state, who is the custodian of the constitution in the State and direct representative of the President of India. The present move through the University Laws (Amendment) 2025, Bill fundamentally violates the noble purpose enshrined in the UGC Act of 1956. Education being in the concurrent list, the central government legislation prevails over the state, making this amendment constitutionally untenable. Though the appointment and of the Chancellor and the Vice Chancellor of Universities are not intended in the impugned bill, through the enhanced powers of the Pro Chancellor and Pro-Vice Chancellor the impugned bill intends nothing but to accomplish to do indirectly what is not permitted to do directly. [Doctrine of Colourable Legislation].
· While the attempts to remove the power of the Chancellor to appoint the vice chancellor is irrecoverably failed due to the judicial intervention, through the impugned bill, the State is attempting nothing but to accomplish the same through the post and powers of Pro-Vice Chancellor.
· It is illogical and unreasonable to appropriate the powers of higher authorities (Chancellor) to the lower authorities (Syndicate).
· Bill has unreasonably removed the highest authority of the university (Chancellor) from hearing appeal of the parties affected by the actions of the University authorities which is against the object of the Statute including the UGC regulations. The said provision is arbitrary.
· A clause damaging and undermining the authority of the office of the Chancellor is inserted in the amendments of Acts of all 8 Universities is that when the Chancellor has not decided on the statute within sixty days from the date it had been submitted to him, it shall be deemed to be assented. The legality of the same is ought to be examined in detail.
As the powers and roles of Chancellor as the authority of the Universities remains judicially recognized, the impugned bill is only to enhance Government Oversight ensuring that university governance aligns more closely with state policies and priorities. The increased control of the State Government and the ruling political party compromise the autonomy of universities, potentially affecting academic freedom and independent decision-making. The impugned bill is to be examined in detail in the light of NEP, 2020 as the same emphasizes the importance of academic and institutional autonomy for universities. The Chancellor, as the highest authority in many universities, plays a key role in ensuring that universities maintain their autonomy while aligning with national standards. This may be a test-doze to undermine NEP 2020, UGC regulations and national standards and if it gets succeeded, other states with active interest to interfere in the affairs of the University may follow this So called “Kerala Model of University hijacking”
During Arif Mohammed Khan’s tenure as Governor, CM Pinarayi Vijayan’s Communist government repeatedly pressured him, as Chancellor, to appoint Vice-Chancellors of their choice—something Khan admitted publicly. Several such appointments, made in violation of UGC norms, were later struck down by courts, with the Supreme Court ruling them void ab initio.
In compliance with the Supreme Court judgement, the then Chancellor served notice to several VC’s. Many of them were removed from their positions, by the Courts. The Supreme Court also set aside the re-appointment of the VC of Kannur University on the ground that the Minister of Higher Education influenced the re-appointment decision of the Chancellor. The government ensured that none of the Senate of the Universities could elect a nominee for the formation of search-cum-select committees for the selection of VC’s, through political intervention.
At that stage, the government introduced a bill in the Kerala Legislative Assembly in 2022 removing the Governor from the post of Chancellor in all the Universities in the state. Although the same was passed in the assembly, the Governor did not give assent to the bill and it was referred to the President of India. The same is now rejected by the President of India.
Recently, the draft UGC amendment 2025 was released, wherein the UGC made it clear that the Chancellor shall constitute the search-cum select committee for the selection of the Vice-Chancellor. By now, the government has understood that they are not in a position to interfere with the appointment of the Vice-Chancellors. It is under this context that the current government has come up with this new bill to amend the University Acts significantly cutting down the powers of the Chancellor and the Vice Chancellor. Instead, these powers are now passed over to the Pro-Chancellor (Minister or his nominee), to the Pro-VCs, and the Registrar. The direct attempt of removing the Governor from the Chancellorship of state Universities is legally defeated so now this indirect attempt of reducing the powers of Chancellor and VCs. This is to remind that the same communist government is aligning with the governments of Tamil Nadu, Karnataka and Telangana to conduct national workshop and alleges that draft UGC regulations 2025 erodes autonomy of the Universities.
Considering all these aspects, the learned citizens of this state of Kerala be pleased to examine the Constitutionality and Validity of the University Laws (Amendment) 2025, Bill not only to preserve and protect the autonomy of the Universities in Kerala, but also the future of the youth in Kerala.
The author is an Assistant Professor of Law, NSS Law College, Kottiyam, Kollam.
Comments