Section 21 of Central Universities Act, 2009 - Executive Council

Section 21 of the Central Universities Act, 2009 deals with the Executive Council of a Central University. The provision identifies the Executive Council as the University's principal executive body and provides the statutory framework for its constitution, membership, term of office, powers and functions.

Meaning and Scope of Section 21

Section 21 establishes the Executive Council as the principal executive body of a University governed by the Central Universities Act, 2009. In other words, the Act gives the Executive Council its central statutory position in the executive governance structure of the University.

The section itself does not exhaustively specify the composition of the Executive Council or enumerate every power exercisable by it. Instead, Section 21(2) expressly provides that these matters are to be prescribed by the Statutes.

What Is the Executive Council?

For the purpose of Section 21, the Executive Council is the body which the Central Universities Act expressly declares to be the principal executive body of the University.

Its precise constitution, the duration for which its members hold office, and its particular powers and functions must therefore be read together with the applicable Statutes made under the Central Universities Act, 2009.

Section 21(1) - Principal Executive Body

Sub-section (1) contains the central rule. It declares that the Executive Council is the principal executive body of the University.

This statutory description distinguishes the Executive Council from other authorities of the University and identifies its executive role within the University's governance framework.

Section 21(2) - Constitution, Term, Powers and Functions

Sub-section (2) leaves four important matters to be prescribed by the Statutes of the University:

• Constitution: how the Executive Council is constituted and the categories of persons who form part of it.
• Term of office: the period for which its members hold office, subject to the applicable Statutes.
• Powers: the authority conferred upon the Executive Council under the statutory framework.
• Functions: the responsibilities and executive functions assigned to the Council by the applicable Statutes and other governing provisions.

Accordingly, Section 21 should not ordinarily be read in isolation when determining the precise authority, composition or procedure of the Executive Council of a particular Central University.

Requirement for Elected Members of the Court

The proviso to Section 21(2) places an additional statutory requirement on the composition of the Executive Council. It provides that the number of members prescribed by the Statutes must include members drawn from among the elected members of the Court.

The exact number is not fixed in Section 21 itself. That number is to be prescribed by the applicable Statutes.

Relationship with Other Provisions

Section 21 forms part of the provisions dealing with the authorities of Central Universities. It should be read with Section 19 - Authorities of the University, Section 20 - The Court and Section 22 - Academic Council.

The Act also contains provisions relating to the making of Statutes. Those provisions are relevant because Section 21 expressly leaves the detailed constitution, tenure, powers and functions of the Executive Council to the Statutes.

Practical Interpretation of Section 21

When examining a question concerning the Executive Council of a Central University, it is therefore important to identify both the governing provision in the Central Universities Act, 2009 and the applicable Statutes of that University.

Section 21 establishes the Executive Council's statutory position, but the detailed institutional rules may depend upon the Statutes applicable to the University concerned.

Quick Summary of Section 21

• The Executive Council is the principal executive body of the University.
• Its constitution is prescribed by the Statutes.
• The term of office of its members is prescribed by the Statutes.
• Its powers and functions are prescribed by the Statutes.
• The prescribed number of its members must come from among the elected members of the Court.