9.1 Bare Act Provision:
8. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Commission.— No act or proceedings of the Commission shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Commission.
9.2 Explanation:
The provision of Section 8 states that even if there is a vacancy among the members, the Commission’s work remains valid. Section 2(d) ensures that this protection applies regardless of whether the empty seat belongs to the Chairman, the Vice-Chairman, or an ordinary member.
Section 8 of the UGC Act ensures that the work of UGC cannot be legally challenged or thrown out just because there was a vacancy in the Commission or a technical mistake in how the Commission was formed i.e. defect in constitution, at the time the action was taken. The work and functions of the UGC are enlisted mainly under Section 12 of the UGC Act. Essentially, it prevents administrative technicalities from paralyzing the functional duties of the UGC. Such provision is necessary for administrative continuity.
This is bases on the De Facto Doctrine. This doctrine holds that the acts of officers de facto means in fact, performed within the scope of their assumed official authority in the interest of the public or third persons, are valid even if it is later discovered that there was a flaw in their appointment or the body’s composition. An omnibus curative provision like this is intended to prevent minor defects from invalidating actions that are otherwise legal and within the scope of the authority. As long as the quorum requirements i.e. the minimum number of members needed to hold a meeting are met, a vacancy does not kill the Commission’s power.
Section 5 and 6 of the UGC Act define the composition and terms of office if the Commission while the Section 8 acts as a shield for these sections. This kind of provision is similar to that of Article 124(7) and Article 191 of the Constitution which involve the validity of judicial and legislative proceedings despite vacancies. In case of any administrative gap occurs the General Clauses Act, 1897 provides the foundational rules for how central acts should be interpreted.
9.3 Critical Analysis
Procedural Delay: Section 8 is designed to prevent delay. Without it, the UGC might have to stop all operations every time a member retires or a recruitment process is stalled. It allows the remaining members to keep working while the government fills the vacancy. But the Act is silent on vacancy of Chairman or Vice-Chairman of the Commission. In absence of these two leadership posts who will be authorized to sign on behalf of them?
Constitutional Validity and Ultra Vires: It is not considered ultra vires. The Supreme Court has upheld similar clauses in various statutes. Since the UGC is a statutory body, the Parliament has the right to define its operational boundaries. However, if a defect in constitution is so severe that it violates the basic structure of the body e.g., if there are zero or less than half of the required members, Section 8 cannot be used to rubber-stamp an illegal act.
Colonial Era Policy and Irrelevance: This type of legal protection is a hallmark of British Administrative Law. The British sought to ensure that the Crown’s business continued regardless of personnel changes. Most Indian statutes drafted shortly after independence, like the UGC Act of 1956, borrowed heavily from this English legal tradition to ensure bureaucratic stability.
Room for Misinterpretation: Regarding the extent of the defect, there is room for misinterpretation. If the defect is technical, e.g. a missed signature or a late appointment, Section 8 applies. If the Commission acts without a required Chairperson for a prolonged period, or if the defect involves appointing someone who is legally disqualified, lawyers often argue that Section 8 should not apply because the body was never legally “the Commission” to begin with.
