THIRUVANANTHAPURAM: Ending all speculations, the state government on Saturday sent the ordinance to strip the powers of the governor as chancellor of universities, to Governor Arif Mohammed Khan for his assent, three days after the cabinet cleared the same. The government is also planning to convene the assembly next month and bring in a legislation in the House removing the governor as chancellor of universities.
The ordinance reached Raj Bhavan on Saturday morning. Meanwhile, the governor left for Delhi from Kochi on Saturday evening and will be back in the state capital only on November 20. E-files can however be checked by him online, and hence he would be able to take a call on the ordinance, if he wishes to.
The undue delay in sending the ordinance to the governor had sparked off speculations that the government may not send the ordinance to the governor. It was on Wednesday that the cabinet gave nod to the ordinance. Soon after, the governor made it clear that he would refer the same to the President for consideration. If the ordinance is sent to the President, the government may find it difficult to bring in a bill in the assembly, till she takes a call on the ordinance.
However Law Minister P Rajeeve told the media on Saturday that there is no legal hindrance for the government to bring in a legislation in the assembly, when an ordinance on the same matter is under consideration of the President or the governor. “As per the Constitution, when a bill is under consideration, an ordinance on the same matter cannot be introduced. Not the other way around,” said Rajeeve. He expressed hope that the governor will give his assent to the ordinance.
Meanwhile, General Education Minister V Sivankutty criticised that the governor has been causing needless hindrances in the higher education sector. He further confirmed that the government would introduce a bill to remove him from the role of chancellor in the house in the next session. Higher Education Minister R Bindu too expressed hope that the governor would give his nod.
“The cabinet has decided to bring in an ordinance. Wouldn’t it be ideal for the governor to give his assent? Going by democratic values, he should do that,” said Bindu while responding to media queries here.
Meanwhile a section of legal experts has pointed out that the government may not be able to bring in a legislation, if the ordinance lies pending before the President. The government is also looking into the legal and constitutional aspects of this possibility.