Thiruvananthapuram: Amidst the acrimony between the LDF Government in Kerala and Governor Arif Mohammed Khan, the Cabinet on Wednesday decided to pass an ordinance to remove the latter as the Chancellor of the state universities.

The draft ordinance prepared by the Law Department was taken up for discussion at the Cabinet meeting today. 

Following the Government’s interference in appointments to the universities, Khan had written a letter asking the Chief Minister to take up the Chancellor’s post while stating that he was ready to sign the ordinance if the state prepared one. He then refused to pass the files concerning universities in his capacity as the Chancellor for some time. Finally, he heeded the request of the Government to continue in the post of Chancellor with the condition that he would strictly go by the rules.

Will ordinance have Guv's pleasure

Nonetheless, the move to strip the Governor of his chancellorship seems easier said than done. Eventually, the Governor has to grant his assent for the Ordinance to operate as law.

Top legal experts told Onmanorama that Article 213 of the Constitution has vested in the Governor the power to promulgate an ordinance. What's more, the Article also imbues the Governor with discretionary powers.

Here is what Article 213 (1) says: "If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require."

If the Governor is not satisfied with the urgency of the Ordinance, he can refuse assent under the law.

Already, Governor Arif Mohammed Khan is in a combative mood. He has still not given his assent to major bills passed by the Legislature nearly three months before, most notably the Kerala Universities (Amendment) Bill and the Kerala Lok Ayukta (Amendment) Bill that seek to usurp some of his powers.

Sources said it was even easier for the Governor to withdraw assent to an ordinance. Unlike the bills passed by the legislature, there is no provision in Article 213 that makes it binding on the Governor to accept the government's decision.

Like in the case of bills, the Governor has no deadline when it comes to ordinances, too. Though an ordinance can last only for six months, no time has been specified for the governor to give assent to the ordinance. It is not even said "as soon as possible", as in the case of bills passed by state legislatures. "The Governor can easily let it die," a top official in the Law Department said.

The Kerala State University Law Reforms Commission (KSULRC), which had submitted its report last July, had also recommended stripping the chancellor of his powers. "It is inconceivable how the Governor, who does not possess any discretionary power acting in the capacity of Governor, can exercise any discretionary power when he is acting as Chancellor ex-officio," the report of the Commission, chaired by former Vice Chancellor of National University of Advanced Legal Studies (NUALS) N K Jayakumar, said.

The Commission wanted the Chancellorship to be vested either in the Chief Minister or an academic of great repute. 

Move to exclude Governor’s Policy Address

The Cabinet may take up other ordinances, too, besides the one seeking to remove the Governor as the Chancellor of Universities if the Government goes ahead with its plan to hold a special assembly session from December 5 to 15. The Government also plans to continue the session until January without concluding it before Christmas. That way, the Governor’s customary Policy Address speech can be excluded.

As per the Constitution, the Governor shall address the first assembly session of a year. If the cabinet meeting concludes in January, it should again be convened in February for the budget presentation.

CM blames Centre

Meanwhile, Chief Minister Pinarayi Vijayan accused the Centre of using Governors in those states where horse trading was not possible to encroach into the powers of the governments and legislatures. “It is also attempting to exercise excessive financial control over such states. Horse trading is an old usage. A new word should be found as the trading is no more for the price of horses,” Vijayan took a dig at the Central Government.