{"id":1710,"date":"2026-04-09T05:00:00","date_gmt":"2026-04-08T23:30:00","guid":{"rendered":"https:\/\/bharatlex-rinkutai.com\/?p=1710"},"modified":"2026-03-20T17:27:11","modified_gmt":"2026-03-20T11:57:11","slug":"28-ugc-act-section-25","status":"publish","type":"post","link":"https:\/\/bharatlex-rinkutai.com\/?p=1710","title":{"rendered":"28. UGC Act: Section 25"},"content":{"rendered":"\n
\"UGC<\/figure>\n\n\n\n

28.1 Bare Act Provision<\/strong><\/h2>\n\n\n\n

25. Power to make rules.\u2014 (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.<\/em><\/p>\n\n\n\n

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:\u2014<\/em><\/p>\n\n\n\n

(a) the procedure for the retirement of members under section 6;<\/em><\/p>\n\n\n\n

(b) the disqualifications for continuing as a member of the Commission;<\/em><\/p>\n\n\n\n

(c) the terms and conditions of service of members of the Commission;<\/em><\/p>\n\n\n\n

(d) the terms and conditions of service of employees appointed by the Commission;<\/em><\/p>\n\n\n\n

(e) the additional functions which may be performed by the Commission under clause (j) of section 12;<\/em><\/p>\n\n\n\n

(f) the returns and information which are to be furnished by Universities in respect of their financial position or standards of teaching and examination maintained therein;<\/em><\/p>\n\n\n\n

(g) the inspection of Universities;<\/em><\/p>\n\n\n\n

(h) the form and manner in which the budget and reports are to be prepared by the Commission;<\/em><\/p>\n\n\n\n

(i) the manner in which the accounts of the Commission are to be maintained;<\/em><\/p>\n\n\n\n

(j) the form and manner in which returns or other information are to be furnished by the Commission to Central Government;<\/em><\/p>\n\n\n\n

(k) any other matter which has to be, or may be, prescribed.<\/em><\/p>\n\n\n\n

1<\/sup><\/em>[(3) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]<\/em><\/p>\n\n\n\n

Footnote from Bare Act<\/em><\/p>\n\n\n\n

1. Subs. by Act 59 of 1984, s. 5, for sub-section (3) (w.e.f. 1-10-1984).<\/em><\/p>\n\n\n\n

28.2 Explanation:<\/strong><\/h2>\n\n\n\n

Section 25 confers the rule making power upon the central Government. It is also empowered under Section 25 to frame rules for carrying out the purposes of the Act in general and in particular any function that may be performed under Section 12 and additional functions which may be performed by the Commission under Clause (j) of the Act.[1]<\/sup><\/a> Any rule enacted in exercise of powers under Section 25 can be said to be subordinate legislation.\u00a0 Section 25 gives the Central Government the authority to create the Rules. Since Section 2(e)<\/a> defines prescribed as being based on these rules, Section 25 is essentially the factory where all prescribed procedures are manufactured. This includes rules for terms of office and conditions of service for members, the manner in which the Commission’s funds are shared, the form and time for submitting annual reports, etc.<\/p>\n\n\n\n

Sub-section (1) defines the General Power of the Central Government to make rules for UGC. This provides the overarching authority to the Central Government to notify rules in the Official Gazette to carry out the purposes of the Act. It ensures the government has the flexibility to manage the Commission’s evolving needs without needing a full Parliamentary amendment for every administrative <\/a>change.[2]<\/a><\/p>\n\n\n\n

Sub-section (2) provides various specific enumerations for which Ministry of Education must prescribe the rules. This sub-section provides a non-exhaustive list of matters where the Government can intervene. Clauses (a), (b), & (c) focus on the Commission members<\/a>. They allow the government to set rules for retirement, define what disqualifies a member from staying in office, and determine their salary and service conditions.[3]<\/sup><\/a> Clause (d) extends the government’s reach to the employees of the Commission, ensuring their service terms align with federal standards.[4]<\/sup><\/a><\/p>\n\n\n\n

Clause (e) is a critical power. It allows the Government to expand the functions of the UGC under the omnibus Clause (j) of Section 12<\/a>. Clauses (f) & (g) govern the regulation of Universities. The government defines what information universities must provide regarding their finances and academic standards, and sets the protocols for how inspections are conducted.[5]<\/sup><\/a> Clauses (h), (i) & (j) focus on financial accountability. They prescribe the specific formats for the budget, the annual reports, the maintenance of accounts, and the returns the Commission must send to the Government. Clause (k) is a residual power to make rules on any other matter that the Act says may be prescribed.<\/p>\n\n\n\n

Sub-section (3) provides for retrospective power of rules. Inserted in 1984, this allows rules to be applied backward in time i.e. retrospectively, provided they do not date back before the Act’s commencement. Crucially, it includes a fairness guardrail that no retrospective rule can be made if it prejudicially affects the interests of a person like a member or employee whose rights might be taken away retroactively.<\/p>\n\n\n\n

28.3 Critical Analysis<\/strong><\/h2>\n\n\n\n

Procedural Delay: <\/strong>The procedural architecture of Section 25 is a primary engine of administrative inertia in Indian higher education. The delay is inherent in the Double-Approval model in which the UGC must first deliberate on a requirement, propose a rule, and then wait for the Ministry of Education to draft, vet, and notify it in the Official Gazette. A significant bottleneck occurs in Clause (f) and (g) regarding the inspection and information returns from Universities. Whenever academic standards need an update, the rules governing how these are inspected must be notified under Section 25. The time taken from the conceptualization of a rule to its final notification often exceeds 18 to 24 months. During this period, the UGC is forced to operate under Ad-Hoc guidelines which lack the statutory force of a Rule, leading to legal challenges by Universities.<\/p>\n\n\n\n

Furthermore, Sub-section (3), while intended to fix past errors, often causes Retrospective Paralysis. When the government realizes a rule is missing, for example, regarding the disqualification of a member under Clause (b), it uses the retrospective power to fix the gap. However, the caveat that it must not prejudicially affect interests leads to extensive litigation. The Commission often spends years in the High Courts defending the non-prejudicial nature of these rules, during which the actual administrative reform remains stalled. The UGC <\/a>is frequently staff-starved because the Terms and Conditions of Service under Clause (d) are stuck in the inter-ministerial loop between the Ministry of Education and the Ministry of Finance. Because the UGC cannot autonomously define its staff rules, it remains dependent on a slow-moving federal rule-making machine, causing a backlog in every other function of the Commission.[6]<\/sup><\/a><\/sup><\/p>\n\n\n\n

Room for Misinterpretation: <\/strong>The broad phrasing of Section 25 creates a Regulatory Gray Zone. The most misinterpreted area is Clause (e), which allows the government to prescribe additional functions. There is a constant friction between Academic Policy and Administrative Rule. The UGC <\/a>often misinterprets Section 25 to mean it can bypass the formal regulation-making process under Section 26, by asking the government to simply notify a rule under Section 25. This leads to Rule-Creep, where the executive branch begins dictating academic content which is a territory legally reserved for the academic experts of the Commission.<\/p>\n\n\n\n

Clause (k), the any other matter provision, is frequently treated as a blanket power. Governments have used this to issue rules on social and political matters within campuses that have a tenuous link to the purposes of this Act. In the context of the UGC (Promotion of Equity) Regulations, 2026<\/a>, which were recently stayed, a core point of misinterpretation was whether the Government could use Section 25 to force the UGC to adopt penal measures against universities.[7]<\/sup><\/a><\/sup> Furthermore, Sub-section (3) is a legal minefield. The term prejudicially affect is not defined. If a rule changes the retirement age or the eligibility for a grant retrospectively, institutions argue it affects their vested rights. The lack of clarity in Section 25 regarding what constitutes a prejudice allows both the Government and the Universities to interpret the rules to their own advantage, leading to inconsistent application of the law across different states.[8]<\/sup><\/a><\/sup><\/p>\n\n\n\n

Constitutional Validity and Ultra Vires: <\/strong>The constitutional validity of Section 25 rests on the doctrine of Delegated Legislation. Under Article 73 of the Constitution, the Union executive\u2019s power extends to matters on which Parliament has the power to make laws. Since Higher Education falls under Entry 66 of List I, Section 25 is the vehicle for that executive power. A rule made under Section 25 is ultra vires<\/em> if it exceeds the scope of the parent Act. For instance, if a rule made under Clause (g) regarding inspections attempts to grant the UGC <\/a>the power to seize and search university property, a power not found in UGC Act, that rule is illegal. While the Central Government has the final say on policy, it cannot use Sec. 25 rules to strip away the statutory autonomy granted to Universities by their own parent Acts.[9]<\/sup><\/a><\/sup><\/p>\n\n\n\n

A significant constitutional tension exists in Sub-section (3). Generally, the power to make retrospective laws is a sovereign power of the Legislature. Delegating this to the Executive i.e. the Government is often viewed with suspicion. While Section 25(3) allows retrospectively, it cannot violate Article 14 i.e. Equality or Article 16 i.e. Opportunity in public employment. If a Section 25 rule creates an arbitrary classification of universities or members, it is constitutionally <\/a>invalid.[10]<\/sup><\/a> Lastly, the Separation of Powers is at risk. If the Government uses Clause (j) to demand returns and information that are purely internal to the academic freedom of a university, it may be challenged as an ultra vires<\/em> encroachment into the private sphere of the University.<\/p>\n\n\n\n

Colonial Era Policy and Irrelevance: <\/strong>Section 25 is a quintessential example of the Command and Control model of the British Raj. The structure of Rule-Making Power being vested in the Central Government rather than the statutory body itself is a legacy of the Indian Universities Act, 1904. The colonial policy was based on Institutional Distrust. The British did not want the predecessors of UGC <\/a>to have the power to define its own destiny. By keeping the Power to Make Rules in the hands of the Central Government, they ensured that the academy remained a subordinate limb of the state. In 2026, this model is fundamentally irrelevant. Modern regulatory bodies like the SEBI or RBI have far greater autonomy to make their own internal rules. The UGC\u2019s dependency on the Ministry for every administrative detail from retirement age to budget forms, is a colonial hangover that prevents agile governance.<\/p>\n\n\n\n

Section 25 is heavy because it requires government notification for everything, but loose because it lacks the precision to handle modern digital education. The focus on Inspections Clause (g) is a 19th-century solution to a 21st-century problem. Modern education requires Data-Driven Monitoring rather than the colonial <\/a>Physical Inspection Rule. The Form and Manner requirements of Clauses (h) and (i) are archaic. They focus on manual accounting and physical reports which were necessary when the British had to ship paper back to London. In a digital, real-time economy, these rules are an obstacle to transparency. The colonial era policy of Rule-by-Gazette is being replaced by Rule-by-Algorithm and Open Disclosure, rendering the rigid, slow-moving machinery of Section 25 a relic of the past.[11]<\/sup><\/a><\/sup><\/p>\n\n\n\n

\n\n\n\n

[1]<\/a> Bharati Vidyapeeth & Ors vs Guru Gobind Singh Indraprastha, Delhi High Court W.P.(C) 1995\/2008 and other matters<\/p>\n\n\n\n

[2]<\/a> \u201cCompendium of UGC Regulations 1957-2023\u201d, University Grants Commission, December 2023.<\/p>\n\n\n\n

[3]<\/a> UGC (Disqualification, Retirement & Conditions for Service of Members), Rules, 1992<\/p>\n\n\n\n

[4]<\/a> UGC (Terms & Conditions of Service of Employees) Rules, 1983<\/p>\n\n\n\n

[5]<\/a> Bar Council of India v. Saveetha Institute of Medical and Technical Sciences & Others, Madras High Court – W.A.No.929 and 933 of 2006<\/p>\n\n\n\n

[6]<\/a> Report of \u2018The Committee to Advise on Renovation and Rejuvenation of Higher Education\u2019, Yash Pal Committee Report, March 2009<\/p>\n\n\n\n

[7]<\/a> Interim Order in Mritunjay Tiwari v. University Grants Commission Dt. 29.01.2026<\/p>\n\n\n\n

[8]<\/a> UGC v. Sadhana Chaudhary [996 INSC 1061]<\/p>\n\n\n\n

[9]<\/a> State of T.N. v. Adhiyaman Educational & Research Institute [(1995) 3 JT 136 (SC)]<\/p>\n\n\n\n

[10]<\/a> P. Suseela & Ors. Vs. Univ. Grants Commn. & Ors. [8 SCC 129]<\/p>\n\n\n\n

[11]<\/a> \u201cExpanding Quality Higher Education through States and State Public Universities\u201d, NITI Aayog, February 2025.<\/p>\n\n\n

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<\/p>\n","protected":false},"excerpt":{"rendered":"

In a digital, real-time economy, these rules are an obstacle to transparency. 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