Governor’s Delay Impact on Kerala’s University Plans

About the Governor:

1. Article 153 of the Indian Constitution mandates that there shall be a Governor for each State. 
2. However, it also allows for the same person to be appointed as Governor for two or more States. 
3. This provision was introduced through the 7th Constitutional Amendment Act of 1956. 

Powers and Functions of the Governor:

1. Executive Powers
   1. Appoints the Chief Minister and other ministers, on the advice of the chief minister.
   2. Appoints the Advocate General of the State, State Election Commissioner, Chairman and members of State Public Service Commission.
   3. Makes Rules for more convenient transaction of business of the state government.
   4. Acts as Chancellor of state universities (in many states), appointing vice-chancellors.
   5. Can recommend President’s Rule in the state (Article 356).
2. Legislative Powers
   1. Summons, Prorogues and Dissolves the State Legislative Assembly.
   2. Addresses the first session of the legislature after elections and at the start of each year.
   3. The Governor can exercise veto power over bills, either assenting, withholding assent, returning them for reconsideration, or reserving them for the President in certain cases.
   4. Lays the annual financial statement (budget) before the legislature.
3. Financial powers
   1. No money bill can be introduced without the Governor’s prior recommendation.
   2. can borrow money from the state’s contingency fund to cover unexpected expenses.
   3. Constitutes the State Finance Commission every 5 years to review the financial position of Panchayats and Municipalities.
4. Judicial Powers
   1. Appoints district judges in consultation with the state high court.
   2. Can grant pardon, reprieve, respite or remission only for offences under state law (Article 161).
5. Discretionary Powers
   1. Appoints a Chief Minister when no party has a clear majority.
   2. Sends a report to the President recommending President’s Rule.
   3. Reserves bills for the President that may violate the Constitution.
   4. Determining the royalty payable by certain states to Tribal District Councils and seeking information from the Chief Minister on state matters

Legal Stance over Delay:

1. The issue has been taken to court by the Kerala government, challenging the delay as unconstitutional, citing Article 200 of the Indian Constitution.
2. Article 200: It outlines the procedure for the Governor's assent to bills passed by the State Legislature. 
3. Supreme Court verdict in State of Tamil Nadu v.s Governor of Tamil Nadu:
   1. In April 2025, the Supreme Court ruled that the Governor cannot withhold assent indefinitely and set clear deadlines for action..
   2. Supreme Court Timelines under Article 200:
      1. For the Governor withholding assent or reserving a bill (based on the cabinet’s advice): Must act within 1 month of receiving the bill.
      2. If withholding /reserving against the cabinet’s advice: The bill must be returned within 3 months, along with the Governor’s objections.
      3. If the Assembly re-passes the bill (after reconsideration): The Governor must grant assent within 1 month of receipt.

Challenges

Way Forward

1.

Academic Planning Disruption

Accelerate decision-making through dialogue to ensure that private universities are launched on time.

2.

Loss of Investment Opportunities

Engage with investors to maintain interest and assure timely implementation once assent is secured.

3.

Brain Drain Risk

Expand higher education opportunities and fast-track approvals to retain student talent.

4.

Administrative Deadlock between Governor and State Government

Establish formal communication channels or seek mediation to resolve constitutional or procedural concerns.

5.

Negative Perception about Policy Stability in Kerala

Share clear messages and involve experts to show that Kerala is serious about improving education.

6.

Delay in Legislative Reforms Impacting Education Sector Growth

Consider judicial clarity on the Governor's role or make small changes in the Bill to remove any confusion.

Ensure IAS Mains Question:

Q. The delay in granting assent to State legislation bill by the Governor can impact governance and development of the state. Critically examine this statement in the context of the Kerala State Private Universities Bill, 2025. (250 Words)

Ensure IAS Prelims Question:

Q. Consider the following statements regarding the powers of the Governor as per Indian Constitution:

1. The Governor can withhold assent to a Bill passed by the State Legislature.
2. The Governor is bound to give assent to a Bill if it is re-passed by the State Legislature without any changes.
3. The Governor can reserve certain Bills for the consideration of the President.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 1 and 3 only
3. 2 and 3 only
4. 1, 2 and 3

Answer: b

Explanation:

Statement 1 is correct: The Governor, under Article 200 of the Constitution, can withhold assent to a Bill passed by the State Legislature. This is one of the discretionary powers available to the Governor in the legislative process.

Statement 2 is incorrect: Unlike the President, the Governor is not constitutionally bound to give assent to a Bill re-passed by the State Legislature. The Constitution does not specify any time limit or obligation in such a case.

Statement 3 is correct:  The Governor can reserve certain Bills for the consideration of the President under Article 200. This is usually done if the Bill conflicts with central laws, affects national interest, or raises constitutional concerns.