In the case of a Statute framed by the University or by the Government concerned, it is framed by the University or such Government only under the authority of the Act passed by the Parliament or the State legislature, as the case may be. There would be a section in the Act that authorises the Government or the University to frame such statute.
If there is no authority given to frame a statute in the law, i.e., the Act itself, then such statute may not have a legal sanctity.
Therefore, it should be clear that the statute made under the authority of an Act is like child of the Act (which is like a parent). In view of this, such a statute should be subordinate to the Act.
Thus, as a general rule, it is the Act which prevails over the statute in case of a conflict.
At the same time, in my considered view, if a favourable or beneficial provision in respect of a person (such as an employee) has been made in the statute, in that case the University may be compelled to implement that provision in respect of that person.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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