Keralam Govt Moves to Withdraw Private Universities Bill Pending with President

The Keralam Assembly on Monday passed a resolution urging the Centre to return the Kerala Private Universities (Establishment and Regulation) Bill, 2025, which has been pending with the President for nearly one-and-a-half years.

Higher Education Minister Roji M John moved the resolution under Rule 118 of the Assembly's Rules of Procedure, stating that the state government no longer intended to proceed with the legislation in its present form.

The Bill, passed by the Assembly on March 25, 2025, was submitted to the Governor on April 21, 2025, and subsequently reserved for the President's consideration under Article 200 of the Constitution. The Ministry of Home Affairs had sought clarifications from the state government on provisions relating to compulsory land ownership, possession rights, security and fixed deposits.

John said the uncertainty surrounding the legislation had prevented the state from pursuing initiatives to establish private, deemed-to-be and foreign universities, unlike several other states. Leader of the Opposition Pinarayi Vijayan questioned the constitutional validity of the move, arguing that Article 201 provides the procedure for the President to grant assent, withhold assent or return a Bill to the legislature for reconsideration.

He maintained that the Assembly could not adopt an alternative procedure while the Bill remained under the President's consideration. Speaker Thiruvanchoor Radhakrishnan, however, ruled that the resolution was admissible under Rule 118, which allows ministers to move resolutions on matters of public interest.

The Speaker clarified that the Bill could not be withdrawn directly by the Assembly because it was reserved for the President's consideration and was not pending before the House. He also said a government order issued on September 17, stating that the Bill would be withdrawn, was procedurally incorrect. The order was cancelled on October 10, and a resolution seeking the Bill's return was proposed instead.

The Speaker rejected procedural objections raised by LDF MLAs, including Vijayan, and permitted the resolution to be moved. The House subsequently passed it, marking an unusual legislative development in the state's history.