Changing Equations
Some overlap in the functions of the three branches is unavoidable; good governance sometimes requires that an executive body exercises some basic legislative and judicial functions also.
A day after the LDF government in Kerala sent the Ordinance to remove the Governor as the Chancellor of universities in the state, Law Minister P Rajeeve on Sunday said the legislature has the right to decide who should be the Chancellor of universities.
Speaking to media persons in Kochi, Rajeeve said that the appointment of chancellors and the formation of universities are entirely within the purview of the state. The UGC regulations do not mention who the Chancellor is, he added
“It is not about removing someone. It is about who needs to be in that position. The legislature has the right to decide who should be the Chancellor of the university,” he said
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Governor Arif Mohammed Khan has made it clear that if the Ordinance sent to the Raj Bhavan by the LDF government was intended to target him, then he will not sit in judgement over it and would refer the same to the President.
Rajeeve said that once the Council of Ministers decided to bring in an ordinance, the Governor is constitutionally responsible to carry out the responsibility.
“If the government feels that there is an emergency and that the legislature is not in session, the Government can promulgate an ordinance. This is not against anyone,” he said
Talking about the removal of Governor Arif Mohammad Khan from the post of Chancellor of Kerala Kalamandalam deemed-to-be University, Rajeeve said the decision to remove the Governor from the Chancellorship of the Kerala Kalamandalam was taken in accordance with existing law.
Amidst the ongoing tussle between Kerala Governor Arif Mohammed Khan and LDF government, the state government on Thursday removed Governor Arif Mohammad Khan from the post of Chancellor of Kerala Kalamandalam deemed-to-be University.
The Department of Culture issued an order in this regard on Thursday. As per the Act, the sponsor can appoint the Chancellor. Kerala government is the sponsor of Kalamandalam. As per the Act of Kalamandalam deemed-to-be-university, the power to appoint the Chancellor is vested in the state government.
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