Background:
- The conflict in Tamil Nadu’s state universities concerns vacant Vice-Chancellor (VC) positions, with a dispute over the composition of the VC search committee.
- Governor (Chancellor) insists on UGC representation, while the State government adheres to State University Acts, which do not mandate UGC involvement.
Relevance :GS 2(Governance)
Core Dispute:
- Can UGC regulations (subordinate legislation) override State University Acts (plenary laws)? This raises the constitutional question of whether delegated legislation can supersede State laws.
Constitutional Dimensions:
- Article 254(1) allows Central laws to override State laws in cases of conflict, but only applies to plenary laws, not delegated legislation (rules/regulations).
- The Supreme Court has ruled that subordinate legislation cannot override State laws. Previous rulings:
- Ch. Tika Ramji (1956): Subordinate legislation cannot repeal State laws.
- University of Delhi vs. Raj Singh (1994): UGC regulations are advisory for State universities.
UGC’s Overreach:
- UGC Regulation 7.3 (on VC appointments) is challenged as executive overreach, as it attempts to impose mandates on State universities where the UGC Act does not directly address VC appointments.
- The UGC Act governs university staff, not officers like the VC, making the regulation potentially ultra vires (beyond its legal scope).
Conflicting Supreme Court Judgments:
- Kalyani Mathivanan (2015): UGC regulations are not mandatory for State universities unless adopted by the State.
- P.J. Dharmaraj (2024): UGC regulations apply only if adopted by the State, adding complexity.
Need for Constitutional Clarity:
- A Constitutional Bench is needed to clarify:
- Article 254(1) applies only to Central vs. State plenary laws, not subordinate legislation.
- UGC regulations are advisory unless adopted by the State.
- Delegated legislation cannot override State laws.
Broader Implications:
- The case could have far-reaching implications for Centre-State relations, federalism, and higher education autonomy.
- Raises concerns about executive overreach and the scope of delegated powers in the federal system.
Political and Administrative Impact:
- The dispute has caused a leadership vacuum in universities, delaying staff appointments and degree awards in states like Tamil Nadu, Kerala, and Punjab, highlighting the urgency for resolution.
