The Supreme Court of India recently clarified the autonomy of Governors acting in their statutory capacity as University Chancellors, asserting that they are not bound by the aid and advice of the Council of Ministers. The three-judge bench, led by Chief Justice of India DY Chandrachud, reaffirmed this position while quashing the reappointment of Gopinath Ravindran as the vice-chancellor of Kannur University.

The court emphasized the necessity to interpret the distinct roles of the state government and the Chancellor as per the statute. According to the judgment, when a Governor acts as the Chancellor of a university, they operate in a personal capacity, and the powers and duties exercised in this role are unrelated to those performed as the Governor of the state.

Addressing the specific case of Kerala Governor Arif Mohammad Khan and his role as Chancellor, the court deliberated on whether he had abdicated or surrendered the statutory power vested in him under the Kannur University Act of 1996. Justice JB Pardiwala underscored the fundamental principle of administrative law that a statutory power conferred on a particular body must be exercised by that body itself, without external influence.

The judgment emphasized the rule of law, stating that statutory powers must be vested in the designated body or authority, and the discharge of statutory duties is the responsibility of that specific entity. The court stressed that such bodies cannot merely rubber-stamp actions dictated by others, highlighting the importance of adherence to statutory mandates.

The Supreme Court drew attention to its 1981 judgment in Hardwari Lal Rohtak V G.D. Tapase, Chandigarh, where a full bench of the Punjab and Haryana High Court emphasized that the Governor, as the ex-officio Chancellor of the Maharshi Dayanand university Rohtak, was not obligated to act under the aid and advice of the council of ministers. This historical precedent further solidified the court's stance on the independence of the Chancellor role.

In conclusion, the Supreme Court's ruling established a clear distinction between the Governor's roles as the Chancellor of a university and as the head of the state government, emphasizing the need for autonomy in the exercise of statutory powers within the university framework.

CASE: DR. PREMACHANDRAN KEEZHOTH & ANR. vs THE CHANCELLOR KANNUR UNIVERSITY & ORS,

Civil Appeal No(s).7700/2023.

Click here to read/download judgment.