The development follows the Legislative Assembly’s October 12 resolution requesting the return of the Bill, which was passed under the previous Left Democratic Front government but never received presidential assent. The UDF administration intends to replace the legislation with a revised framework accommodating private universities and potentially foreign institutions.
The presidential clearance has been described as enabling withdrawal of the earlier proposal rather than granting assent to its provisions. The precise constitutional form of that decision remains important because the Bill had been reserved for presidential consideration and could not be withdrawn through an ordinary executive order.
Higher Education Minister Roji M John had informed the Assembly that the government did not intend to proceed with the legislation in its existing form. He said the prolonged uncertainty had prevented Kerala from establishing a regulatory framework for private universities despite growing interest in expanding higher education opportunities.
The Assembly adopted the withdrawal resolution under Rule 118 of its Rules of Procedure and Conduct of Business. The request was subsequently routed through Governor Rajendra Vishwanath Arlekar for consideration by the Union government and Rashtrapati Bhavan.
The original Kerala State Private Universities (Establishment and Regulation) Bill was passed on March 25, 2025, during the LDF administration. It was submitted to the Governor on April 21 before being reserved for presidential consideration under Article 200 of the Constitution.
The legislation remained pending after the Union Ministry of Home Affairs sought clarifications concerning provisions governing compulsory land ownership, possession rights, security deposits and fixed deposits required from organisations seeking to establish universities.
Those questions became central to the UDF government’s decision to prepare replacement legislation. The administration believes revised conditions could encourage credible educational institutions to establish campuses without compromising regulatory oversight or academic standards.
The 2025 Bill required sponsoring organisations to maintain an endowment fund of at least ₹25 crore and possess a minimum of 10 acres of land, subject to applicable regulatory requirements.
The replacement proposal has been examining possible reductions in both requirements. Options discussed include lowering the minimum landholding to five acres and reducing the financial threshold to ₹10 crore, although these figures remain proposals rather than enacted statutory requirements.
Changes to university governance are also under consideration. The earlier legislation provided for government representation on governing, executive and academic councils, giving the administration a formal role in institutional management.
The UDF government has been considering greater operational autonomy for private institutions while retaining safeguards concerning educational quality, student interests and regulatory compliance.
John has also indicated that the proposed framework should address private universities, deemed-to-be universities and foreign universities. Their establishment would nevertheless remain subject to the applicable constitutional and national regulatory requirements.
The withdrawal process generated disagreement between the government and the Opposition during the October Assembly proceedings.
Leader of the Opposition Pinarayi Vijayan questioned whether the Assembly could seek the return of legislation already reserved for presidential consideration. He argued that Article 201 prescribed the constitutional procedure governing presidential decisions on such Bills.
Speaker Thiruvanchoor Radhakrishnan rejected the procedural objections and permitted the resolution, explaining that Rule 118 allowed ministers to introduce resolutions concerning matters of public interest.
The Speaker nevertheless clarified that the Assembly could not directly withdraw legislation while it remained before the President. A Bill returned through the constitutionally prescribed process would require appropriate legislative action.
(The article ‘Private varsities bill all set to face the axe’ appeared first on Free Press Journal.)
Follow Arabian Post
Select Arabian Post as your preferred source on Google and MSN News for trusted business news and Arab politics and updates.
