The ongoing tussle between Kerala Governor, Arif Mohammed Khan, and the Pinarayi Vijayan-led state government took a dramatic turn on 23 October, with the former directing the Vice Chancellors (VC) of nine universities in Kerala to tender their resignation, citing a Supreme Court judgment pronounced on 21 October.
"Letters directing vice chancellors of nine universities of Kerala to tender their resignation by 11.30 am on 24 October 2022 have been issued," the Raj Bhavan said in a statement.
The VCs, however, approached the Kerala High Court on 24 October, challenging the order, and the court has now ruled that they can continue in their posts until the governor takes a final decision on the show cause notices sent to the VCs on the same day.
The governor's order is the latest in a series of spats he has had with the state government, especially over the appointment of vice chancellors to Kerala varsities. The VCs to state universities are appointed by the governor, who usually selects the candidate from among the names listed by the state government. However, if the state government and the governor are not on the same page, the process could be harrowingly long and open to conflicts, as is the case that has emerged in Kerala.
In addition to the tussle over the appointment of VCs, about a week ago, on 17 October, the governor said that cabinet ministers, whose statements "lower the dignity of the office of the governor, can invite action, including the withdrawal of pleasure." The threat was, reportedly, in response to Kerala Higher Education Minister R Bindu's remark that the governor was acting as per the Rashtriya Swayamsevak Sangh's (RSS) agenda.
So, why are the governor and the Left Democratic Front (LDF) government at loggerheads with each other yet again in October? Have ideological factors triggered the latest standoff? And how has the state government responded? The Quint breaks down the key events.
Kerala Governor vs State Govt: Why Are Arif Khan & Pinarayi in a Tussle Again?
1. 'UGC Norms Violated': Governor Asks VCs To Resign
Why did the governor issue the order on the resignation of VCs?
Governor Arif Mohammed Khan, who is the chancellor of state varsities, issued the order seeking the resignation of nine VCs on 23 October after the apex court annulled the appointment of MS Rajasree as vice chancellor of the APJ Abdul Kalam Technological University (KTU), Thiruvananthapuram, on 21 October.
The court said that the search committee, which recommended her name, was "not duly constituted" and termed her appointment "illegal."
Applying the SC order to other varsities, the governor claimed that University Grants Commission (UGC) norms were violated in the appointments of several vice chancellors and said that the search committees for VCs did not submit a panel of names of three to five candidates to him, the chancellor, as per the law. Instead, they arbitrarily proposed a single name, he said.
Did the VCs adhere to the order?
The VCs, who were given time till 11.30 on 24 October to resign, approached the Kerala High Court, challenging the governor's order seeking their resignation. None of the VCs have tendered their resignations yet.
The court heard the matter at 4 pm on 24 October and has ruled that the VCs can continue in their posts until the governor takes a final decision on the show cause notices sent to the VCs on the same day.
Earlier, on 23 October, Kannur University VC Gopinath Ravindran told the media that he would not submit his resignation.
"I got the letter in the evening. He has asked (me) to resign on Monday by 11.30 am. But now I am not resigning. If the decision is to remove me, then fire me, I will not resign," Dr Ravindran said. He further said that no other state governor has demanded the resignations of VCs in this manner.
How has the LDF government responded?
Chief Minister Pinarayi Vijayan said on 24 October, that the governor was misusing his chancellor post for powers he did not hold. "(The order) is undemocratic and an encroachment on VCs' powers. The governor post is not to move against the government but to uphold the constitution's dignity. He's acting as a tool of the RSS," the CM said in a press statement.
"The governor has the power to appoint VCs to all the nine universities in question. If there are claims that the appointment of VCs are against UGC norms, then isn't the governor responsible for the same?"
Pinarayi Vijayan, Kerala Chief MinisterThe LDF government also issued instructions asking the VCs not to resign and ignore the governor's order. Reports indicate that the government may take the legal route to quash the order.
Shortly before the governor issued the order on 23 October, the LDF announced a series of mass agitations against his alleged attempts at imposing Hindu majoritarian agenda on Kerala's higher education sector.
Why is the government tying the governor with the RSS?
While the appointment of governors is the prerogative of the president of India, most of these appointments are recommended by the ruling party in power. As the Bharatiya Janata Party (BJP) is in power at the Centre, the appointment of Arif Mohammed Khan has come under scrutiny in Kerala, where the Left Democratic Front (LDF) – led by CPI(M) and CPI – is in power.
As the governor has been questioning the government on matters pertaining to governance – which is the function of the legislative – Khan has been accused of furthering the political interests of the BJP in Kerala. In the state, the BJP is an emerging political power even as the Congress and the CPI(M) have been able to keep its prospects under check.
Hence, the governor has been accused of batting for the RSS, the parent outfit of the BJP.
Expand2. 'Withdrawal of Pleasure': Governor Threatens Ministers
Why did the governor threaten to sack ministers?
On 17 October, the governor said, "The CM and council of ministers have every right to advise governor. But statements of individual ministers that lower the dignity of the office of the governor, can invite action including withdrawal of pleasure."
His threat came shortly after the Higher Education Minister R Bindu, said that "important bills are being delayed because they are lying idle in the governor's office. She was primarily referring to the governor's refusal to sign the University Laws Amendment Bill, which he has publicly opposed in the past.
"Everyone is duty-bound to execute constitutional responsibilities. If there are flaws in the bill, the governor could have sent it back. But he is not even doing that. We are not here to fight with the governor. We prefer to behave in a dignified manner."
R Bindu, Higher Education MinisterShe further said that the governor was acting as per the RSS' agenda to create hurdles in the state's higher education sector.
What is "withdrawal of pleasure"?
According to Article 164 of the Indian Constitution, "The chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor." This is the "pleasure" the governor claims he can technically "withdraw."
In other words, Arif Mohammed was indicating that he could strip cabinet ministers of their posts if he wanted to.
But can the governor actually sack ministers?
PDT Achary, former secretary general of Lok Sabha, said on 17 October that the governor can't dismiss an individual minister from a state cabinet unless recommended by the chief minister.
"Pleasure does not mean the governor can remove or appoint a minister on his own. The governor is intended to go by the advice of the CM. Pleasure is only a technical term and it does not mean he can fire any minister without the permission of the CM," he said.
Further, Supreme Court advocate, Mukund P Unny, said in tweet that the "pleasure" mentioned in Article 164(1) was the confidence of the House. "Governor's discretionary powers are very narrow; and there is no power to dismiss a minister merely because he does not enjoy the pleasure of the governor," he added.
How did the CPI(M) respond?
Terming the governor's statements "anti-Constitutional and anti-democratic," the Communist Part of India (Marxist) said it would initiate a campaign against the governor's threat and even appealed to President Droupadi Murmu to intervene.
CPI(M) Rajya Sabha member, John Brittas, meanwhile, said in a tweet that the governor appeared confused about his powers.
"Lord Mountbatten was the last viceroy of India! But it seems Kerala governor is confused about his position and powers. He is bent upon to ensure that the constitution and the federalism are in tatters," Brittas wrote.
Expand3. From VCs to University Laws Amendment Bill: The Bones of Contention
Governor Arif Mohammed and the Kerala government have been at loggerheads with each other for months now and the control over higher educational institutions in the state has been a major sore point between them.
The controversy began in December 2021, when the governor, who has had several disagreements with the state government in the past, found fault with the reappointment of Gopinath Ravindran as the VC of Kannur University. He alleged that Ravindran was given the post only because of his "political connections" and recalled a 2019 protest against the governor at Kannur University to further attack the VC.
The governor has since opposed various moves by the state government, especially with regard to the appointment of VCs in state varsities. He has also staunchly opposed the University Laws Amendment Bill, which was passed by the state Assembly in September this year, stating that it would ensure the appointment of "unqualified relatives" of the CM and other ministers.
The bill aims at changing the composition of the search-cum-selection committee to appoint VCs, thereby providing the state government greater leverage in the process.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)
Expand
'UGC Norms Violated': Governor Asks VCs To Resign
Why did the governor issue the order on the resignation of VCs?
Governor Arif Mohammed Khan, who is the chancellor of state varsities, issued the order seeking the resignation of nine VCs on 23 October after the apex court annulled the appointment of MS Rajasree as vice chancellor of the APJ Abdul Kalam Technological University (KTU), Thiruvananthapuram, on 21 October.
The court said that the search committee, which recommended her name, was "not duly constituted" and termed her appointment "illegal."
Applying the SC order to other varsities, the governor claimed that University Grants Commission (UGC) norms were violated in the appointments of several vice chancellors and said that the search committees for VCs did not submit a panel of names of three to five candidates to him, the chancellor, as per the law. Instead, they arbitrarily proposed a single name, he said.
Did the VCs adhere to the order?
The VCs, who were given time till 11.30 on 24 October to resign, approached the Kerala High Court, challenging the governor's order seeking their resignation. None of the VCs have tendered their resignations yet.
The court heard the matter at 4 pm on 24 October and has ruled that the VCs can continue in their posts until the governor takes a final decision on the show cause notices sent to the VCs on the same day.
Earlier, on 23 October, Kannur University VC Gopinath Ravindran told the media that he would not submit his resignation.
"I got the letter in the evening. He has asked (me) to resign on Monday by 11.30 am. But now I am not resigning. If the decision is to remove me, then fire me, I will not resign," Dr Ravindran said. He further said that no other state governor has demanded the resignations of VCs in this manner.
How has the LDF government responded?
Chief Minister Pinarayi Vijayan said on 24 October, that the governor was misusing his chancellor post for powers he did not hold. "(The order) is undemocratic and an encroachment on VCs' powers. The governor post is not to move against the government but to uphold the constitution's dignity. He's acting as a tool of the RSS," the CM said in a press statement.
"The governor has the power to appoint VCs to all the nine universities in question. If there are claims that the appointment of VCs are against UGC norms, then isn't the governor responsible for the same?"Pinarayi Vijayan, Kerala Chief Minister
The LDF government also issued instructions asking the VCs not to resign and ignore the governor's order. Reports indicate that the government may take the legal route to quash the order.
Shortly before the governor issued the order on 23 October, the LDF announced a series of mass agitations against his alleged attempts at imposing Hindu majoritarian agenda on Kerala's higher education sector.
Why is the government tying the governor with the RSS?
While the appointment of governors is the prerogative of the president of India, most of these appointments are recommended by the ruling party in power. As the Bharatiya Janata Party (BJP) is in power at the Centre, the appointment of Arif Mohammed Khan has come under scrutiny in Kerala, where the Left Democratic Front (LDF) – led by CPI(M) and CPI – is in power.
As the governor has been questioning the government on matters pertaining to governance – which is the function of the legislative – Khan has been accused of furthering the political interests of the BJP in Kerala. In the state, the BJP is an emerging political power even as the Congress and the CPI(M) have been able to keep its prospects under check.
Hence, the governor has been accused of batting for the RSS, the parent outfit of the BJP.
'Withdrawal of Pleasure': Governor Threatens Ministers
Why did the governor threaten to sack ministers?
On 17 October, the governor said, "The CM and council of ministers have every right to advise governor. But statements of individual ministers that lower the dignity of the office of the governor, can invite action including withdrawal of pleasure."
His threat came shortly after the Higher Education Minister R Bindu, said that "important bills are being delayed because they are lying idle in the governor's office. She was primarily referring to the governor's refusal to sign the University Laws Amendment Bill, which he has publicly opposed in the past.
"Everyone is duty-bound to execute constitutional responsibilities. If there are flaws in the bill, the governor could have sent it back. But he is not even doing that. We are not here to fight with the governor. We prefer to behave in a dignified manner."R Bindu, Higher Education Minister
She further said that the governor was acting as per the RSS' agenda to create hurdles in the state's higher education sector.
What is "withdrawal of pleasure"?
According to Article 164 of the Indian Constitution, "The chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor." This is the "pleasure" the governor claims he can technically "withdraw."
In other words, Arif Mohammed was indicating that he could strip cabinet ministers of their posts if he wanted to.
But can the governor actually sack ministers?
PDT Achary, former secretary general of Lok Sabha, said on 17 October that the governor can't dismiss an individual minister from a state cabinet unless recommended by the chief minister.
"Pleasure does not mean the governor can remove or appoint a minister on his own. The governor is intended to go by the advice of the CM. Pleasure is only a technical term and it does not mean he can fire any minister without the permission of the CM," he said.
Further, Supreme Court advocate, Mukund P Unny, said in tweet that the "pleasure" mentioned in Article 164(1) was the confidence of the House. "Governor's discretionary powers are very narrow; and there is no power to dismiss a minister merely because he does not enjoy the pleasure of the governor," he added.
How did the CPI(M) respond?
Terming the governor's statements "anti-Constitutional and anti-democratic," the Communist Part of India (Marxist) said it would initiate a campaign against the governor's threat and even appealed to President Droupadi Murmu to intervene.
CPI(M) Rajya Sabha member, John Brittas, meanwhile, said in a tweet that the governor appeared confused about his powers.
"Lord Mountbatten was the last viceroy of India! But it seems Kerala governor is confused about his position and powers. He is bent upon to ensure that the constitution and the federalism are in tatters," Brittas wrote.
From VCs to University Laws Amendment Bill: The Bones of Contention
Governor Arif Mohammed and the Kerala government have been at loggerheads with each other for months now and the control over higher educational institutions in the state has been a major sore point between them.
The controversy began in December 2021, when the governor, who has had several disagreements with the state government in the past, found fault with the reappointment of Gopinath Ravindran as the VC of Kannur University. He alleged that Ravindran was given the post only because of his "political connections" and recalled a 2019 protest against the governor at Kannur University to further attack the VC.
The governor has since opposed various moves by the state government, especially with regard to the appointment of VCs in state varsities. He has also staunchly opposed the University Laws Amendment Bill, which was passed by the state Assembly in September this year, stating that it would ensure the appointment of "unqualified relatives" of the CM and other ministers.
The bill aims at changing the composition of the search-cum-selection committee to appoint VCs, thereby providing the state government greater leverage in the process.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)