State amended nine varsities' laws to bypass binding UGC regulations: T.N. Governor
The petitioner in question, advocate K. Venkatachalapathy, had previously convinced the Madras High Court on May 21 to pass an interim order staying the amended Acts which clothed the State government, and not the Governor, with the power to appoint the VCs.
The State, represented by senior advocate A.M. Singhvi and P. Wilson, had responded to the interim order by approaching the Supreme Court. The apex court had issued notice to Mr. Venkatachalapathy; the Union government; the UGC; the Tamil Nadu Governor; and the Human Resources and Development Ministry.
In a counter-affidavit, the Governor replied that the amendments made by the State government were deliberately meant to 'bypass' binding UGC Regulations.
'The legal framework mandates the process be in conformity with binding UGC Regulations, which the State government sought to bypass through the amendment Acts. The amendments to the university Acts cannot override binding constitutional norms or Central legislation. The allegations of delay in appointing the Vice-Chancellors are a result of States' administrative decisions,' the Governor responded.
Similarly, the UGC also blamed the State of Tamil Nadu for violating the procedure for appointment of VCs.
The State, it argued, by exercising its legislative competence, bestowed the powers of appointment of Vice-Chancellor upon the government, thereby violating the procedure for appointment of Vice-Chancellor prescribed under Clause 7.3 of UGC Regulations, 2018.
'The powers of the UGC, as regards maintenance of standards of higher education, are very broad in nature and are applicable equally to all universities. The petitioner's [State government] oblique attempt to circumscribe the powers of the UGC is misconceived and is clearly an afterthought and is misplaced,' the UGC stated.
The State has argued that the High Court ordered a stay despite the Supreme Court, in an April 8 judgment, declaring that the Bills were granted 'deemed assent' by the Governor. The State government had notified the Acts following the judgment. It contended there was a strong presumption of constitutionality against laws passed by the legislature.
The State said its appeal had raised questions of law with wide ramifications pertaining to the issue of federalism and State autonomy to establish, regulate and administer State universities under Entry 32 List II of the Seventh Schedule of the Constitution along with the issues pertaining to judicial impropriety and discipline in keeping a hands-off approach.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
26 minutes ago
- Indian Express
Why Supreme Court's order on Bihar SIR is not a ‘rebuke' to Election Commission
'History doesn't repeat itself, but it often rhymes,' Mark Twain once famously said. The Supreme Court's order in Association for Democratic Reforms vs Election Commission of India (2025), in the context of the 'Special Intensive Revision' (SIR) exercise in Bihar, 'rhymes' very much with its landmark judgment in Lal Babu Hussain vs Electoral Registration Officer (1995). On Thursday, the SC directed the ECI to make the draft electoral roll more accessible and searchable, giving excluded voters reasons for their exclusion so that they may challenge it. In Lal Babu Hussain, the Court put paid to the ECI's attempt to declare certain voters 'non-citizens' and directed them to follow a fresh, transparent and fair process with regard to voters it had genuine reasons to believe were not citizens. The parallels between these two cases, nearly 30 years apart, speak of a certain official distrust of India's poorest citizens. Something similar happened in 1994 in Delhi and Mumbai. The ECI instructed Electoral Registration Officers to identify 'non-citizens' and remove them from the electoral list, in coordination with the local police. Notices were issued to nearly three lakh people demanding that they prove their citizenship — only with documentary proof — limiting its possibility to only four documents. Ration cards, perhaps the most widely held proof of identity, were not accepted by the ECI until it was pushed to do so by the Bombay High Court. Those affected in Delhi approached the SC directly. In its 1995 judgment, a three-judge bench of the SC set aside the instructions of the ECI and directed that no one should be required to prove their citizenship unless the ECI had credible material to show that they were not citizens. When such material was found, the ERO was required to conduct a full-scale inquiry, allowing the person in question to provide all possible evidence to show that they were citizens of India. Then, as now, the ECI's move triggered strong political backlash against the ruling party (Congress). The SC's latest order has also pushed the ECI to accept more documents as proof of identity and to also declare why certain voters have been left out of the draft electoral list. The ECI has claimed (without substantiating) that, by and large, voters have been removed from the draft electoral roll as they have either died or migrated. The SC's order will test the truth of the ECI's claims, but the key point is that it took the SC to push the ECI to follow the most basic principles of natural justice. Between the Lal Babu Hussain judgment and the latest order in the SIR case, the relationship between the ECI and the SC has been one of institutional bonhomie. The SC, in its judicial orders, has helped push forward some key ECI proposals for changes in the electoral process relating to the declaration of assets and criminal cases, the disqualification of convicted politicians, and the 'None of the Above' option. The ECI's indifferent stance on electoral bonds, which the Supreme Court struck down as unconstitutional, was one of the rare instances of relative disagreement between the two institutions. The SC's order in the SIR case is, therefore, no 'rebuke' to the ECI; rather, it is far from it. The SC judges hearing the case, through their oral observations, do not seem convinced that the ECI is acting either unlawfully or in bad faith. Rather, they have tried to nudge the ECI along, pointing to its own commitment to transparency and fairness in the process. Coming along with the earlier order of the SC, which pushed the ECI to accept the Aadhaar card and the EPIC card as valid documents, has meant that the focus of SIR has shifted, subtly, from questions of citizenship to questions of correctness of the rolls. The very first electoral rolls in India were prepared in such a way that even the homeless and the nameless (mostly women who were referred to only as someone's mother or wife) found themselves on the voter rolls. This was done at a time when the Constitution was not even final, and no one knew who was going to be a citizen in the new India. Had that exercise been done with the callousness and cruelty of the SIR, India would never have been the world's largest electoral democracy. The writer is a co-founder of the Vidhi Centre for Legal Policy and an advocate
India Today
an hour ago
- India Today
Top court not superior to high court, both equal: Chief Justice in I-Day speech
Chief Justice of India B R Gavai, addressing the Independence Day function, said that the Supreme Court is not a superior court to the High Court and both are equal constitutional courts under the constitutional about the collegium system in place for the recommendation of judges to the High Courts, he said that the first call has to be taken by the concerned High Court where the judge is being appointed. advertisement'Ultimately, even the Supreme Court Collegium cannot dictate the High Court Collegium to recommend the names. The first call has to be taken by the High Court Collegium. We only recommend the names and request them to consider. Only after their satisfaction do the names come to the Supreme Court,' he said. The CJI also mentioned that a new full-fledged flag post will be ready at the Supreme Court before November 24, when Justice Surya Kant takes over as the Chief Justice of India. Calling Independence Day both a celebration and an act of remembrance, Justice Gavai spoke about historic struggles, including the 1855 Santhal 'Hul' rebellion, the 1857 uprising, Rani Laxmibai, Birsa Munda, the Jallianwala Bagh massacre, and the Champaran Satyagraha. He highlighted the sacrifices of thousands who stood against foreign rule and exploitation, uniting various sections of paid tribute to reformers like Jyotirao Phule and Savitribai Phule, who in the 19th century championed education for girls from marginalised communities, challenging caste hierarchies and societal Mahatma Gandhi, he said, 'The best way to find yourself is to lose yourself in the service of others,' noting that the message still serves as a moral compass for politics, governance, and Gavai remarked on the historic journey of the Santhal community, from leading the 1855 rebellion to having its daughter, President Droupadi Murmu, hold the highest constitutional office. He emphasised that building a just, equal, and inclusive India remains an unfinished concluded by saying that it is the solemn duty of judges and lawyers not only to interpret the law, but to actively uphold and defend the fundamental values of liberty, equality, and fraternity, which form the bedrock of India's democracy.- EndsTune InMust Watch
News18
2 hours ago
- News18
News18 Evening Digest: PM Modi's 15 Big Messages On I-Day, 1 Killed In Suspected Cylinder Blast In Bengaluru & Other Top Stories
Last Updated: We are also covering: No document to be signed after Putin-Trump Alaska Summit, says Kremlin; Jeff Bezos's mother, Jacklyn Gise Bezos, dies at 78 In today's afternoon digest, News18 brings you the latest updates on Prime Minister Narendra Modi's 15 big messages on Independence Day, explosion in Bengaluru and other top stories. It was a speech heavy with resolve, bold in vision, and unapologetic in tone. From the historic ramparts of the Red Fort, Prime Minister Narendra Modi addressed the nation — not just with ceremonial greetings, but with a roadmap for the future and a warning to those who challenge India's sovereignty. On India's 79th Independence Day, the Prime Minister's words echoed across the nation and beyond its borders. Read more A 10-year-old boy was killed and eight others sustained injuries in a suspected LPG cylinder explosion in Bengaluru's Chinnayanpalya on Friday morning, said police. Read more Raveena Tandon is celebrating Independence Day just like every other countryman, but her wish this year is a little different from others, as through her post, the actress has asked for freedom for all and has shared a picture of a stray dog holding our Tricolour high in the sky. This post has come amid high criticism of the Supreme Court's decision to relocate all the stray dogs to shelters in Delhi-NCR. Read more Jeff Bezos's Mother, Jacklyn Gise Bezos, Dies At 78. Amazon Founder Pays Heartfelt Tribute Amazon founder Jeff Bezos mother, Jacklyn Gise Bezos, passed away on Thursday. Jacklyn was 78. She breathed her last at her home in Miami. Read more Virender Sehwag's Big Reveal: 'MS Dhoni Dropped Me, I Went To Sachin Tendulkar…' One of India's greatest openers, Virender Sehwag, has revealed that he had considered retiring from ODI cricket before the 2011 World Cup after then-captain MS Dhoni dropped him from the 11 for a long time. He said he was convinced by his batting partner and legend Sachin Tendulkar against that decision. Read more view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
