Latest news with #TamilNaduUniversitiesLaws
United News of India
5 days ago
- General
- United News of India
Tamil Nadu moves SC against Madras High Court stay on Vice-Chancellor appointment amendments
New Delhi, June 3 (UNI) The Tamil Nadu government has approached the Supreme Court, challenging the Madras High Court's interim stay on the state's recent amendments that curtailed the Governor's powers in appointing Vice-Chancellors (VCs) of state universities. The Madras High Court, through a Division Bench led by Justice G.R. Swaminathan, had granted the stay, ruling that the University Grants Commission (UGC) Regulations, 2018 particularly Regulation 7.3 prevail over state legislation under the constitutional principle of repugnancy. In its petition to the apex court, the Tamil Nadu government has argued that the interim stay granted by the High Court effectively amounts to granting final relief, which is legally unsustainable. The state further contended that the High Court failed to take into account its request to transfer the case to the Supreme Court, which had already been communicated earlier. The High Court's stay blocks the operation of amendments made to the Tamil Nadu Universities Laws, which aimed to transfer the power of appointing Vice-Chancellors from the Governor (as Chancellor) to the state government. The amendments were passed by the Tamil Nadu Assembly in 2022 and 2023, and had become a key point of constitutional friction between the Governor and the elected state government. While the UGC Regulations, 2018 were partially adopted by the Tamil Nadu government, they had expressly excluded Regulation 7.3, which stipulates the composition of the search committee and the procedure for appointing VCs. Despite this, the High Court held that the exclusion of Regulation 7.3 was impermissible, asserting that central law (UGC Regulations) overrides state law when the two are in conflict, as per Article 254 of the Constitution. The Tamil Nadu government, however, maintains that education is a subject in the Concurrent List, and that states have legislative competence to enact laws governing universities, particularly when the UGC Act does not expressly override the field. It further accused the High Court of bypassing constitutional norms, arguing that interim relief should not exceed the contours of final adjudication. Citing two key Supreme Court judgments, the High Court had, on May 22 and 23, 2025, quashed appointments of Vice-Chancellors in separate instances for violating Regulation 7.3, and warned of the dangers of 'lack of transparency or malpractice' in appointments if statutory procedures were not followed. The Supreme Court has agreed to hear the transfer petition, signalling that the matter will now be judicially examined at the highest level, potentially setting a precedent on the limits of state autonomy versus central regulations in the field of higher education.
Indian Express
15-05-2025
- Politics
- Indian Express
As President raises questions on SC order, a look at pending Bills in Opposition states
With the Supreme Court recently setting a three-month deadline for the President and Governors to act on Bills sent by state Assemblies, President Droupadi Murmu has sought the top court's opinion under Article 143(1) on whether their actions are justiciable and if such timelines can be imposed on them in the absence of any such provision in the Constitution. In a judgment on April 8, the Supreme Court set a timeline for Governors to act on Bills, and for the first time, prescribed that the President should decide on the Bills reserved for consideration by the Governor within three months from the date on which such reference is received. Under Article 201 of the Constitution, no timeframe has been set for a presidential decision. Apart from Tamil Nadu, several Opposition-ruled states also approached the top court against their Governors over 'inordinate delay' in giving assent to Bills, many of which seek to 'curb' the role of Governors in state-run universities. Here is a look at which states approached the Supreme Court and the current status of the Bills. Citing the top court's order, Bills in Tamil Nadu that had been stalled were deemed to have become law from the date on which they were originally presented to the Governor for assent. The Bills that became law are Tamil Nadu Fisheries University (Amendment) Bill, 2020; Tamil Nadu Universities Laws (Amendment) Bill, 2022; Tamil Nadu Dr Ambedkar Law University (Amendment) Bill, 2022; Tamil Nadu Dr M G R Medical University, Chennai (Amendment) Bill, 2022; Tamil Nadu Agricultural University (Amendment) Bill, 2022; Tamil University (Second Amendment) Bill, 2022; Tamil Nadu Universities Laws (Second Amendment) Bill, 2022; and Tamil Nadu Fisheries University (Amendment) Bill, 2023. The Madras University (Amendment) Bill, 2022, and the Tamil Nadu Veterinary and Animal Sciences University (Amendment) Bill, 2023, did not receive the Governor's assent due to technical reasons and are being rewritten or reconsidered. In March 2024, the Pinarayi Vijayan-led Left Democratic Front (LDF) government approached the Supreme Court against the President for withholding assent to four Bills passed by the Assembly without giving 'any reason whatsoever' and then Governor Arif Mohammad Khan for keeping seven Bills 'pending for as long as two years' and then referring them to the President, terming the actions 'manifestly arbitrary'. The government has argued in the top court that the Bills awaiting Presidential assent must be deemed as law in accordance with its judgment in the Tamil Nadu case. The Bills in question include University Laws (Amendment) (No. 2) Bill, 2021; University Laws (Amendment) Bill, 2021; the Kerala Co-operative Societies (Amendment) Bill, 2022; the University Laws (Amendment) Bill, 2022; Kerala Lok Ayukta (Amendment) Bill, 2022; The University Laws (Amendment) (No. 2) Bill, 2022; and The University Laws (Amendment) (No. 3) Bill, 2022. After Khan gave his assent to some of the Bills, the Kerala government on May 6 sought to withdraw the case, saying that the Supreme Court's judgment on Tamil Nadu's petition had settled the matter. However, the Governor's counsel opposed the move. Of the three Bills now with the President, one on the appointment of V-Cs was rejected and the remaining two are pending. Though there was some friction between the government and Governor Thaawarchand Gehlot over some Bills, it is not as intense as in Tamil Nadu and Kerala, according to Law and Parliamentary Affairs Department officials. Last month, 13 Bills were awaiting assent, seven, including the controversial Greater Bengaluru Governance Bill and Mysuru Development Authority Bill were cleared by him. According to government sources, six Bills passed by the legislature are pending with the Governor. These are Karnataka Rural Development and Panchayat Raj University Bill, 2024, which replaced Governor as the chancellor of the varsity with the CM; Karnataka (Mineral Rights and Mineral Bearing Land) Tax Bill, 2024, which was expected to generate a revenue of Rs 4,700 crore for the state exchequer; Mysuru Development Authority Bill, 2024; Karnataka Co-operative Societies (Amendment) Bill, 2024; Karnataka Souharda Sahakari (Amendment) Bill, 2024; and Karnataka State Universities (Amendment) Bill, 2023. The Mamata Banerjee-led Trinamool Congress (TMC) government moved the Supreme Court in July 2024, accusing Governor C V Ananda Bose of violating Article 200 of the Constitution by blocking seven Bills 'without explanation'. The Bills include the West Bengal University Laws (Amendment) Bill, the West Bengal University of Animal and Fishery Sciences (Amendment) Bill, the West Bengal Private University Laws (Amendment) Bill, the West Bengal Krishi Viswavidyalaya Laws, the West Bengal University of Health Sciences (Amendment) Bill, the Aliah University (Amendment) Bill, and the West Bengal Town and Country (Planning and Development) (Amendment) Bill. The matter is pending before the top court and none of these Bills have received assent. In April 2023, the Bharat Rashtra Samithi (BRS) government in Telangana approached the Supreme Court, accusing then Governor Tamilisai Soundararajan of withholding assent to 10 Bills. The Bills in question included The Azamabad Industrial Area (Termination and Regulation of Leases) (Amendment) Bill, 2022; The Telangana Municipal Laws (Amendment) Bill, 2022; The Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, 2022; The University of Forestry Telangana Bill, 2022; The Telangana Universities Common Recruitment Board Bill, 2022; The Telangana Motor Vehicles Taxation (Amendment) Bill, 2022; The Telangana State Private Universities (Establishment and Regulation) (Amendment) Bill, 2022; The Professor Jayashankar Telangana State Agricultural University (Amendment) Bill, 2023; he Telangana Panchayat Raj (Amendment) Bill, 2023 and The Telangana Municipalities (Amendment) Bill, 2023. The case was closed after the Centre told the Supreme Court in June that year that none of the Bills were pending and the Governor had returned them with her comments. The Aam Aadmi Party (AAP) government in Punjab, led by Chief Minister Bhagwant Mann, moved the top court in October 2023, accusing then Governor Banwarilal Purohit of sitting on key Bills. The Governor had not given his assent to four Bills: Punjab Police (Amendment) Bill, 2023; Sikh Gurdwaras (Amendment) Bill, 2023; Punjab University Laws (Amendment) Bill, 2023; and Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023. In a rap to Purohit last November, a Bench of the top court comprising then Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said, 'The Governor cannot be at liberty to keep the Bill pending indefinitely without taking any action whatsoever. Failing to make a decision and keeping a duly passed Bill pending for indeterminate periods is a course of action inconsistent with that expression.' Days ahead of the verdict, Purohit gave his assent to one legislation – Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023. At present, the other three are pending.
