The recent decision by the Jharkhand state government to limit the powers of the governor in appointing vice-chancellors and pro-vice-chancellors has sparked widespread political and constitutional debate. This shift in policy is not just an administrative reformโit challenges long-standing constitutional norms and the role of the governor as the chancellor of state universities.
โ๏ธ Understanding the Jharkhand State University Bill Controversy
The controversy centres around the newly introduced Jharkhand State University Bill, 2025, which establishes a University Service Commission to handle key appointments in state universities. Previously, the governor, as chancellor, had the authority to make these appointments, often in consultation with the government or search committees.
Now, that power shifts primarily to the newly formed commission, significantly reducing the governorโs discretionary authority.
๐ What Articles 153โ162 of the Constitution Say
The role of the governor in Indian states is constitutionally defined under Articles 153 to 162 of the Indian Constitution. Hereโs a brief explanation of the most relevant provisions:
๐ Article 153 โ Governor of States
There shall be a governor for each state.ย This establishes the position as a constitutional authority.
โ๏ธ Article 154 โ Executive Power of the State
The executive power of the state is vested in the governor, who exercises it either directly or through officers subordinate to him, in accordance with the Constitution.
๐ Article 155 โ Appointment of Governor
The governor is appointed by the president of India and holds office during the presidentโs pleasure.
๐งพ Article 156 โ Term of Office
The governor serves a term of five years but can resign or be removed by the president earlier.
๐ Article 161 โ Power to Grant Pardons
The governor has the power to grant pardons, reprieves, respites, or remissions of punishment for offences against laws under state jurisdiction.
๐ Article 162 โ Extent of Executive Power
The governorโs executive powers extend to matters with respect to which the state legislature has power to make laws. However, in case of a conflict, the governor must act on the aid and advice of the Council of Ministers.
๐ง Key Insight: While Articles 153โ162 give the Governor significant powers, they are not absolute. The governor is expected to act based on constitutional provisions and the advice of elected officials, especially in a parliamentary democracy.
๐๏ธ Jharkhandโs University Service Commission Bill Explained
The bill introduces a University Service Commission, which will now recommend candidates for appointment as vice-chancellors and pro-vice-chancellors. The governorโs role will be mostly formal, with limited discretion.
The Jharkhand government claims the move will ensure greater transparency, faster recruitment, and merit-based selections in state-run universities.
๐ก Key Features:
- Establishes a dedicated university commission.
- Reduces the governor’s role in appointments.
- Promotes decentralisation and state control over education.
- Aims to prevent political or bureaucratic delays in hiring.
๐ณ๏ธ Political Reactions
โ BJPโs Opposition
The Bharatiya Janata Party (BJP) has opposed the bill, calling it unconstitutional and accusing the government of undermining the Governorโs autonomy. Party leaders argue that the Governor’s role, as outlined in Articles 153โ162, is being eroded to centralise power.
โThis is a direct attack on the constitutional structure of the country and the federal spirit,โ said BJP leader Babulal Marandi.
โ JMMโs Support
On the other hand, the Jharkhand Mukti Morcha (JMM) and its allies defend the bill. They argue that it empowers state institutions, reduces political bias, and aligns with democratic principles by giving the elected government greater control.
โWhy didnโt the BJP raise these concerns when central universities made unilateral appointments?โ asked a JMM spokesperson.
๐ Implications for Higher Education
The new bill, if implemented properly, could bring both challenges and opportunities.
โ Positive Impacts:
- Faster recruitment of academic leadership.
- Potential to retain local talent within Jharkhand.
- Opportunity for systematic reforms in higher education.
โ ๏ธ Concerns:
- Risk of excessive political influence in appointments.
- Possibility of reduced academic autonomy.
- Legal challenges may arise regarding constitutional validity.
๐งพ Conclusion
The reduction of the Governorโs powers in Jharkhand has sparked a constitutional debate rooted in Articles 153โ162 of the Indian Constitution. While the bill aims to reform the education sector, its long-term success will depend on implementation transparency, legal scrutiny, and public accountability.
As this legal-political tug-of-war continues, it sets a precedent for other states considering similar reforms. Whether it empowers the education system or politicizes it furtherโonly time will tell.
