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UGC Regulations vs. State University Laws
Context:
Six Tamil Nadu State universities currently lack Vice Chancellors (VCs), with some posts vacant for over a year. The impasse stems from disagreements between the Governor and the State government on the search committee’s composition for VC appointments.
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- Similar stand-offs are seen in Kerala and Punjab, leading to administrative delays in universities, including staff appointments and awarding degrees.
The Disagreement
- Governor’s stance: Advocates for including a University Grants Commission (UGC) nominee in the search committee as per UGC Regulation 7.3 (2018).
- State government’s stance: Opposes UGC involvement, adhering to State University Acts that prioritise nominations from the Chancellor, syndicate, and senate.
- The State fears UGC involvement undermines State autonomy in university governance.
Constitutional Question
- Key issue: Can subordinate legislation (UGC regulations) override plenary State laws (University Acts)?
- This raises concerns over Centre-State relations and the erosion of federalism and separation of powers, both fundamental constitutional principles.
Judicial Precedents
- Support for State autonomy:
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- Ch. Tika Ramji vs. State of Uttar Pradesh (1956): Subordinate legislation cannot repeal State laws.
- Indian Express Newspapers vs. Union of India (1984): Subordinate legislation must conform to plenary laws and yield to them in case of conflict.
- J.K. Industries vs. Union of India (2007): Delegated legislation cannot override plenary legislation.
- Support for UGC regulations:
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- Recent rulings (Annamalai University vs. Secretary (2009); State of West Bengal vs. Anindya Sundar Das (2022)) assert that UGC regulations, once laid before Parliament, become binding and override conflicting State laws.
- Contradictory judgments, like Kalyani Mathivanan vs. K.V. Jeyaraj (2015), held UGC regulations as non-binding unless adopted by the State.
UGC’s Overreach
- The UGC derives its authority from Sections 26(1)(e) and (g) of the UGC Act, 1956, to regulate teaching staff and university standards.
- However, VCs are classified as university officers, not teaching staff, under State University Acts.
- UGC regulations on VCs are advisory under Section 12(d) of the Act, as affirmed in University of Delhi vs. Raj Singh (1994).
- UGC’s evolving regulations reflect administrative overreach rather than genuine academic reforms.
Legislative Oversight
- Subordinate legislation laid before Parliament does not automatically become part of the Parent Act unless laid under an affirmative resolution procedure, which requires explicit legislative approval.
Way Forward
- A Constitutional Bench of the Supreme Court should resolve ambiguities by clarifying:
- Article 254(1) applies only to conflicts between plenary Central and State laws.
- Delegated legislation cannot override plenary State laws.
- UGC regulations are advisory unless adopted by the State.
- Such clarity will restore normalcy in State university functioning and safeguard federal principles by balancing legislative powers between the Centre and States.
