Central Universities Act, 2009 | Act No. 25 of 2009

Section 37 of Central Universities Act, 2009: Disputes as to Constitution of Authorities and Bodies

Section 37 provides the statutory mechanism for deciding a dispute about whether a person has been duly elected or appointed as a member of a University authority or other body, or is otherwise entitled to be such a member. The dispute is to be referred to the Visitor, whose decision on the question is declared final by the section.

Text and meaning of Section 37

If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.

What does Section 37 cover?

The provision is concerned with the constitution or membership of an authority or other body of a Central University governed by the Act. It applies where a question arises about the validity of a person's election or appointment, or about that person's entitlement to membership.

Who is the Visitor under the Central Universities Act?

Section 8(1) of the Central Universities Act, 2009 provides that the President of India shall be the Visitor of the University. Accordingly, the reference contemplated by Section 37 is a reference to the Visitor constituted under Section 8 of the Act.

What are the authorities of a University?

Section 19 identifies the principal University authorities as the Court, Executive Council, Academic Council, Board of Studies and Finance Committee, together with any other authorities declared by the Statutes to be authorities of the University. Section 26 also permits the Statutes to provide for the constitution, powers and functions of University authorities and other bodies, appointment and continuance of their members, and filling of vacancies.

How Section 37 operates

When the relevant question concerns whether a person was validly elected, validly appointed or is entitled to membership of an authority or other body, Section 37 directs that question to the Visitor. The provision therefore creates a specific statutory route for resolving membership and constitution disputes rather than leaving the question to be decided informally by the competing claimants.

Related provisions

Section 37 should be read with the provisions governing University authorities and their constitution. Section 38 deals with filling casual vacancies, while Section 39 provides that an act or proceeding of an authority or other body is not invalid merely because a vacancy or vacancies exist among its members.

Legal note: The expression that the Visitor's decision is "final" describes the finality given by the statute to the decision under Section 37. The application of constitutional judicial review in a particular dispute depends on the facts, relief sought and applicable law.

Official text of the Act

For the current consolidated statutory text and amendments, refer to the official India Code publication of the Central Universities Act, 2009.

Official Central Universities Act, 2009 - India Code

Page reviewed and updated: 15 September 2026. Readers should verify the latest statutory text and applicable University Statutes before relying on the provision for a specific matter.