Chennai: Viduthalai Chiruthaigal Katchi president Thol. Thirumavalavan on Friday questioned Governor Ch. Vidyasagar Rao’s direction to all vice-chancellors in the state to shift to electronic transfers and e-payments for day-to-day activities of universities and affiliated colleges and alleged that he is intervening in the state’s jurisdiction and the administration of institutions.
However, a constitutional expert said that Governor could give such a direction only if the Centre issued a constitutional directive. “When there is an elected government in the state, the Governor has no power to issue such an order. We condemn the Governor’s order which is against the law,” Mr Thirumavalavan said in a statement here.
Stating that Governor acts as a chancellor to the state universities, he said that Governor has very limited power such as “he can preside over the convocation ceremony, to make certain appointments in consultation with VCs and also to inspect the files to ensure proper functioning of the universities”. “Governor intervening into the powers of the state government will affect the federation structure of the country,” he said.
Constitutional expert K.M. Vijayan said that Governor has the power to give direction to the state government if there is a constitution direction from the Centre.
“If a Governor is not issued a direction from the Centre, he/she has no independent power. If the centre has issued a direction to the Governor, it is the duty of every state government to obey it. Under the article 365 of the Constitution, the state government can be dissolved for not obeying the Centre’s direction,” he said. However, he added that in the present case, “we don’t know whether the Centre has issued any such direction to the Governor or not.”
“Governor’s is a ceremonial role. I don’t think acts or the statutes provide for the Governor to give direction or order to the universities. It is very clear,” former vice-chancellor of Anna University M. Anantha Krishnan told DC. He said that Governor has two roles to play in the state universities as its chancellor.
“One is to select a VC from the panel submitted to him and other is to preside over the convocation ceremony,” he said.
When asked about any such Governor’s intervention during his tenure, he recalled an incident when a Governor issued a direction to the vice chancellors of the universities to inform and take permission from him if they were going out of the station. “However, Governor later withdrew the order saying that he has no authority to give such direction,” he noted.
