Crisis in Tamil Nadu’s University Leadership
Six Tamil Nadu state universities lack a Vice Chancellor (VC), with some posts vacant for over a year.
Disagreement between the Governor and the State government over the composition of the search committee has stalled appointments.
The Governor insists on including a UGC nominee in the search committee, while the State prefers to follow its own University Acts.
Constitutional Dispute Over UGC Regulations
The main conflict is whether UGC regulations, as subordinate legislation, can override State University Acts.
UGC regulations are derived from the UGC Act, but they may conflict with State laws passed by state legislatures.
The central question is whether UGC’s regulatory power can supersede plenary state laws, highlighting issues of federalism and delegated legislation.
Conflicting Supreme Court Judgments
Some Supreme Court rulings support the Governor’s stance that UGC regulations are mandatory for state universities, overriding state laws.
Other rulings suggest UGC regulations are not binding unless adopted by the state, leading to confusion.
Past judgments have failed to clarify if UGC regulations, laid before Parliament, become part of the parent Act or remain subordinate.
UGC’s Overreach and Legislative Power
UGC regulations on VCs are seen as an overreach, as they are not directly related to university teaching staff but to officers like the VC.
The UGC’s power is advisory, and its regulations should not enforce compliance unless specifically adopted by a state.
The inconsistent UGC stance, changing over the years, reflects administrative control rather than academic standards.
Article 254(1) and Its Implications
Article 254(1) of the Constitution addresses conflicts between central and state laws.
It states that if a State law conflicts with a central law, the central law will prevail and the state law becomes void, but this applies only to plenary laws, not delegated legislation.
In this case, UGC regulations are subordinate legislation and do not automatically override state laws unless they are explicitly adopted by the state, as per Article 254(1).
Need for a Constitutional Bench Ruling
A definitive ruling from a Constitutional Bench of the Supreme Court is needed to resolve the dispute.
The Court should clarify that UGC regulations are advisory for state universities unless adopted by the state.
The ruling should reaffirm the balance of legislative powers between the Centre and states, preserving state autonomy in university governance.
COMMENTS