Explainer: On spat with Raj Bhavan, who's right, Bengal Governor or the Mamata Banerjee government?

State education minister Bratya Basu says CV Ananda Bose’s moves are 'arbitrary and clownish'. But Raj Bhavan believes it must act to curb political meddling in universities or violence during elections

Bengal Chief Minister Mamata Banerjee and Governor CV Ananda Bose

Sougata Mukhopadhyay, TT, Calcutta, 28.08.23 : Legal and legislative. These are the two routes which an angry Mamata Banerjee government wants to explore to take on the incumbent at Bengal Raj Bhavan, CV Ananda Bose, a former IAS officer and technocrat, with whom ongoing stand-offs appear to have reached a point of no return.

From Raj Bhavan's critical views on the recent panchayat poll violence to the immediate problem of appointing vice-chancellors to universities, the current bitterness between the two highest offices of the state mirror the sparring witnessed during the tenure of Bose’s predecessor, Jagdeep Dhankhar, not so long ago.

In Bengal today, some 27 state-aided universities, including Jadavpur University where a student has died allegedly due to ragging by seniors, are without full-time vice chancellors. The government has already moved the Supreme Court challenging appointments of interim vice chancellors of Bose’s own choice at several state-run universities on grounds that they violate the provisions of the West Bengal Universities and Colleges (Administration and Regulation) Act, 2017.

State education minister Bratya Basu told The TelegraphOnline that Governor Bose’s moves are “arbitrary and clownish”.

On the legislative front, the state is evidently trying to build pressure on Raj Bhavan to provide assent to the West Bengal University Laws (Amendment) Bill 2023 which was passed by the Assembly earlier this month. The Bill seeks to replace the Governor as Chancellor of all state-aided universities with the chief minister, by virtue of his/her office. This was the second time that the Bill was passed within a year. The 2022 Bill, moved in the wake of the government’s clashes with former Governor Dhankhar, went into cold storage with Dhankhar quitting office to become Vice President of India.

What is the crux of the current stand-off between the Raj Bhavan and the Bengal government?

In one word, interference. The government believes that Governor Bose, in his “bid to run a parallel administration” out of the Raj Bhavan, is acting “outside” of his Constitutional jurisdiction and is in violation of stated principles of federalism. The Mamata Banerjee-led Trinamul Congress government has often alleged that the Governor is acting under “instructions of the BJP brass at the Centre” to “disturb smooth operations of the state administration” in the run up to next year's general elections.

Raj Bhavan, on the other hand, feels that political influence in higher education institutions need s to be curtailed to maintain academic standards and the Governor, as the Constitutional figurehead, cannot be seen to be looking the other way when law and order spirals out of control in the state.

How did the crisis begin?

The first sign of a rupture in relationship between Bose and Banerjee, after an initial show of mutual admiration (Bose even put up a show at the Raj Bhavan in the chief minister’s presence of his initiation ceremony to learn Bangla) came when the Governor wanted his principal secretary, Nandini Chakraborty, relieved her of her duties in February this year. Bose was barely three months into his tenure and cited his wish to revamp his team of advisors. The move, though, followed leader of Opposition Suvendu Adhikari’s allegations that Chakraborty was “misguiding” the Governor. The IAS officer’s unceremonious exit from Raj Bhavan did not go down well with Mamata Banerjee.

What actions of the Governor have irked the Mamata Banerjee government most?

Currently in Bengal, some 27 state-aided universities are without full-time vice chancellors. As a stop-gap means to manage the crisis, the Governor has over the past three months appointed interim VCs of his choice in at least 11 of these institutions. What appears to be the reason behind not appointing full-time VCs is the Chancellor’s perceived difference with the composition of the five-member search committee for VC appointment which is allegedly tilted in favour of the state. The government, meanwhile, replaced its May Ordinance on the reconstituted search committee with the University Laws (Amendment) Bill in August which accommodated provisions of the Ordinance. The Bill currently awaits the Governor’s nod.

What is the status at trouble-riddled Jadavpur University?

Several ad-hoc appointments made by Bose have been brought under the scanner, the latest of which was the appointment of Buddhadeb Sau, a Mathematics professor and president of an RSS-backed teachers’ forum, as interim VC at Jadavpur University where the state accused the Governor of flouting UGC norms.

What did Governor Bose do in the wake of the panchayat poll violence?

Bose landed up at violence-hit areas in the recently-concluded panchayat polls and publicly reprimanded state election commissioner Rajiva Sinha for his “failure” to ensure free, fair and peaceful elections. His utterances irked the Mamata Banerjee administration. The running of control rooms at Raj Bhavan to personally attend people’s complaints on violence and corruption has only added to that irritation.

As head of the state, isn't the Governor entitled to visit an area traumatised by poll violence?

There is nothing to stop the Governor, the Constitutional head of the state, from visiting violence hit areas for a first-hand understanding of whether rights and principles enshrined in the holy grail of democracy are being thwarted. The Constitution, in part XV, has declared India as a “Democracy where only citizens can elect the government” and “the chief essence of democracy is free and fair elections” and has vested the powers of superintendence, direction and control of elections in the Election Commission. Bengal has witnessed intervention of previous Governors in political clashes, more recently during the tenures of Jagdeep Dhankhar and Gopal Krishna Gandhi.

What counter moves has the state initiated?

The state has moved the Supreme Court against the Governor’s interim VC appointments. Simultaneously, it has passed the University Laws (Amendment) Bill for the second time and is waiting for the Governor to put his assent or send it back, in which case it plans to table and pass the Bill for the third time.

Why does Raj Bhavan believe that it is acting well within its powers?

Calcutta High Court in June upheld the Governor’s order to appoint interim VCs and stated that when the final decision rests with the Governor, who is the appointing authority of the VCs, the manner, mode or method of consultation has to be left with him. The consultee, the court held, cannot dictate terms of the consultation or its mode or methodology. This was after the state moved the high court on grounds of non-consultation, the same appeal with which it has now moved the Supreme Court.

What kind of impact on education is this rift having?

The lack of permanent VCs is leading to serious academic and administrative issues in universities. Pending meetings of executive councils and senates, the top decision making bodies of universities, all campus decisions are on hold. The Supreme Court, too, has insisted on the need to appoint permanent VCs sooner rather than later and directed both sides to set issues aside and work in mutual cooperation.

What is likely to happen next?

The Supreme Court has already directed the state government to serve notice of its petition to all parties concerned including the Chancellor so that they can put forward their sides of the story before the court. The matter would be heard two weeks later. The court, meanwhile, has asked the Chancellor to initiate the process of appointing permanent VCs in state universities in mutual consultation with the state. While the legislative moves are likely to enhance the strain between the two sides, much will depend on the top court’s verdict on who remains on the right side of the law.

Any solutions in sight?

Both sides will have to voluntarily terminate the spar and build a working relationship based on trust and respect to constitutional posts. The country’s top court's final verdict on deciding the limits of the two power domains and the Lakshman Rekha to hold each within is expected to go a long way in finding an end to the impasse.