THIRUVANANTHAPURAM: Despite Governor Arif Mohammad Khan warning that he would refer the ordinance cleared by the cabinet to strip him of the chancellorship of universities to the President, the state government is set to move forward with the same. Due to a delay in sending the ordinance to the governor, there were speculations that the government may withdraw from doing so.
However top government sources confirmed to TNIE that it has not backtracked on the ordinance. Moreover the government is also exploring the possibility of legal options to prove that the governor has been acting in a prejudiced manner.
“The governor’s remark that he would not give his assent and refer it to the President, even before it reached his table, shows a certain amount of prejudice. Legally and constitutionally the government is treading the right path,” said top sources. At the same time, the state will move forward with actions to bring in a legislation in the assembly.
Referring to recent developments in the Perarivalan case, sources pointed out that all legislations cannot be referred to higher-ups. If the governor needs any clarifications, he can send it back to the government.
“The state has the right to take a call on such matters. The ordinance is in no way contradictory to UGC norms. Moreover, it does not violate the governor’s constitutional powers. The amendment is only concerning the Chancellorship, which is only a statutory position. The constitution does not guarantee any such powers to the governor,” they added.
Since the ordinance is related to different universities, it needs signatures from about seven ministers. That’s why the delay in sending it to the governor, said sources. “In addition to the chief minister and the law minister, it should go to ministers handling the portfolios of higher education, health, agriculture, fisheries, animal husbandry and food. Once the said procedures are completed, it will be sent to the governor. Since the ordinance has not been signed and published, it’s yet to become a law,” said sources in the law department.
The CPM leadership is also determined to go ahead with the legislation route. “Currently there’s no hindrance for the government to bring in a legislation before the assembly. The governor has only limited options in the matter. Even if he refers it to the President, it won’t stop the government from moving forward with the legislation,” pointed out CPM state secretary M V Govindan.
The governor had made it clear that since the ordinance pertains to his role as Chancellor, he would not hesitate to refer it to the President, if the state government fails to convince him about the purpose behind bringing in such an ordinance. It has been pointed out that the government could be on a sticky wicket if the ordinance is referred to the President, as the state will not be able to bring in a bill in the assembly, till the President takes a call on the said ordinance.