Keralam Assembly passes resolution seeking withdrawal of Private Universities Bill

The Keralam Assembly on Monday passed a resolution seeking the withdrawal of the Kerala Private Universities (Establishment and Regulation) Bill, 2025, which is pending consideration of the President.

The resolution, moved by Higher Education Minister Roji M. John, was adopted after the House rejected amendments proposed by the Opposition.

The Bill was passed by the Assembly on March 25, 2025, and submitted for the Governor’s assent on April 21, 2025. The Bill was subsequently referred to the President for consideration.

During the scrutiny of the legislation, the Ministry of Home Affairs sought clarification on the provisions concerning compulsory ownership or possession of land and mandatory security deposits or fixed deposits.

Mr. John pointed out that such impediments led to uncertainty surrounding the Bill, which is yet to receive presidential assent or be returned to the State legislature for reconsideration. The continued pendency of the legislation also impeded the government’s plans to establish private universities in Keralam, while several other states have enacted laws permitting private and foreign universities to operate, it was pointed out.

The Minister also claimed that the then Opposition (United Democratic Front) had expressed reservations about the provisions of the legislation when it was tabled by the Left Democratic Front (LDF) government.

Mr. John added that the government had a clear position on the establishment of private, foreign and deemed-to-be universities in Keralam.

CPI(M) legislator K.N. Balagopal, who raised a point of order, questioned whether the government could seek the withdrawal of a Bill pending before the President through a resolution under Rule 118. He pointed out that the President had neither requested reconsideration of the Bill nor communicated a decision to withhold assent.

As the legislation had already been passed by the Assembly and remained under presidential consideration, he maintained that it continued to be a pending Bill and could not be withdrawn through a procedure that allegedly bypassed the Assembly’s established legislative rules.

The Opposition also challenged a government order issued on September 17, which stated that the Bill would be withdrawn during the ongoing session of the Assembly. According to Mr. Balagopal, the order effectively announced the withdrawal of the Bill before the Assembly had taken a decision on the matter. The move amounted to interference with the Assembly’s procedural powers.

Speaker Thiruvanchoor Radhakrishnan dismissed the point of order raised by Mr. Balagopal and CPI legislator K. Rajan, who also raised the issue concerning the government order.

In his ruling, the Chair elaborated that introducing, amending, passing and withdrawing legislation must adhere to constitutional provisions and Assembly procedures. Since the Bill was pending before the President, it cannot at present be treated as pending before the Assembly until it was returned by the President through the Governor.

The Speaker stated that declaring a passed Bill “shall be withdrawn” through an executive order was procedurally irregular, as legislation cannot be withdrawn via a government order.

However, since the government cancelled the order and issued a fresh order on October 10, which stated that a resolution shall be moved under Rule 118 to request the return of the Bill, the Speaker dismissed the point of order.