While delivering his speech at the convocation of St. Xavier&’s University, Kolkata the Hon’ble Governor Kesri Nath Tripathi had complimented the University by saying that the required atmosphere for education has been maintained without students’ agitation as the Students’ Union is apolitical. His comments most probably carry within them his fond expectation from all other educational institutions in the State. Although his comments are substantially valid and most of us are inclined to agree with him, the Hon’ble Governor, an astute lawyer, perhaps has missed or has ignored a constitutional and factual point – that St.

Xavier&’s University is a minority established and administered educational institution.

Although the administration of a minority educational institution may not always be galvanised, it certainly enjoys the protection of Article 30 of our Constitution which ensures insulation from outside interference including that of any local or Central government.

All ramifications of this Article 30 have been concluded by our apex court in a catena of decisions and all of them are in favour of almost absolute freedom in administration of minority institutions said to be guaranteed by the said Article.

In Dayanand Anglo Vedic ( DAV) College Trust and Management Society vs. State of Maharashtra , the Apex Court observed that “….., there cannot be any controversy that minorities in India have a right to establish and administer educational institutions of their choice and the State Government or the Universities cannot interfere with the day- to- day management of such institutions by the members of minority community. At the same time, this Court pointed out that though Article 30 itself does not lay down any limitation upon the right of a minority to administer an educational institution but this right is not absolute. This is subject to reasonable regulations for the benefit of the institution. The State Government and Universities can issue directions from time to time for the maintenance of the standard and excellence of such institution which is necessary in the national interest”. There could not be any interference with the day to day management of St. Xavier&’s University.

The University could therefore also ensure that its Students’Union remains apolitical and its campus free from students’agitation. Therefore, what St. Xavier&’s University, as a minority educational institution, could ensure through its exclusive and independent right of administration cannot be ensured in any other educational institution.

It can be reasonably said that it will indeed be difficult to keep the Students’Union apolitical in those institutions which are not established and administered by minorities.

Having said that and also to do justice to the bold comments of the Governor we must applaud his guts to make such comments in the teeth of huge political opposition and particularly from the Leftleaning political parties. Further, it may not also be incorrect to add that the freedom as defined by the Apex Court and enjoyed by the educational institutions established and administered by minorities are likely to incur some vices due to human frailties not conducive to the maintenance of standards and excellence of the educational institution and this has unfortunately been experienced to a great extent in some of the Madrasas in the State.

It would be absurd and also contradictory to suggest that university and college students should not be allowed to get involved in political activities or their Union should remain apolitical while the same students on reaching the age of 18 would be statutorily allowed to vote freely in an election to choose their political representatives to the Legislative Assembly of a State and to Parliament. Political thinking and practice can never be deprecated so long such thinking and practice remains fair, democratic, progressive and peaceful.

The issue to my mind is not whether the students should or should not be allowed to do politics as we can never underestimate their intellectual or other capabilities.

On the contrary the issue should be whether the students should be permitted to indulge in general – or party – politics within the campus of educational institutions.

It is in my view a question of selection of venue. The implication underneath the speech of the Governor may safely be taken to be that students should not be allowed to indulge in general political activities within the campus of the University and its affiliated colleges.

This is a pretty ambitious task.

The Governor&’s comments, it is inferred, were made in the backdrop of ( i) very recent incidents at Jadavpur University and Visva Bharati University and ( ii) ongoing violent incidents at various undergraduate and postgraduate educational institutions over filing of nomination papers in the students’ Union elections. The type of incidents at Jadavpur University or at Visva Bharati University do not take place very often and such incidents also do not appear to be periodical in nature. Moreover they occur largely because of delayed and inefficient handling of an incident affecting the overall welfare and sentiment of students.