College Union Body College Union Body

7 months ago

If the college union body is constituted through the election by following the lyngdoh committee recommendations, then is it possible to control the act of president by creating a post in the college like students welfare officer at the college? It constitution is created in the Governing Body of the college. It is written there that the union body can not take any decision without consulting with the students welfare officer or with the professor incharge, I want to know whether such rule is against the democratic right of the students and is it possible to put the president of the students union body under someone?

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
A student union, or association is a student-run group that dedicates its time and resources to give the whole student community of the university, fairness, opportunities and a voice. The functions and activities of a student union of any college or university are strictly regulated and governed by the constitution and student policy of the respective College or University. There is no legislation or registering authority for the registration of a student union like a trade union. Whenever there is a serious issue affecting the interests or rights of students, a representative from the student union will get involved to represent the matter before the College authority for a resolution in the matter. If it is written in the constitution of the college that the union body can not take any decision without consulting with the student's welfare officer or with the professor in charge, a student union is required to abide by the said provision of the constitution of the College framed by Governing Body. In the constitution of India, the fundamental rights of the citizens are enumerated and elucidated, The rights of students are not explicitly mentioned therein because a student is also a common citizen of the country and can protest against any infringement of that rights as a citizen, But, the rights and duties of the student union are governed by the constitution of the education institution to whom they belong and remain as long as a student.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

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A.Dear Client,
The creation of a post like "Student Welfare Officer" or similar positions within the college administration, with authority over the decisions of the student union president, is a matter that is typically determined by the college's governing body, college rules, and policies. Such arrangements can vary from one institution to another.

Here are some general points to consider:

College Rules and Policies: If the college's governing body has established rules and policies that require the student union to consult with a Student Welfare Officer or a Professor in charge, these rules may be legally binding within the college's framework.

Democratic Rights: While student unions are intended to be democratic bodies, it is not uncommon for colleges to establish certain checks and balances to ensure that student activities are carried out responsibly and within the college's guidelines.

Legal Recourse: If students believe that such rules infringe upon their democratic rights or are unfairly restrictive, they may seek legal advice or consult with relevant student bodies to address their concerns.

Negotiation and Advocacy: Students can also engage in negotiation and advocacy with college authorities to express their concerns and seek amendments to the rules if they feel that their democratic rights are being unduly curtailed.

Student Union Constitution: It's essential to review the student union's constitution or bylaws, if they exist. These documents often outline the powers, responsibilities, and decision-making processes of the student union officers. If the constitution includes provisions regarding the involvement of college officials, these provisions may need to be followed unless amended through a democratic process.

In summary, whether such rules are against the democratic rights of students depends on the specific circumstances and the legal and policy framework of the college. If students have concerns about these rules, they may want to engage in a constructive dialogue with college authorities to address their concerns or seek legal advice if they believe their rights are being violated. Ultimately, the specific rules and their implications would need to be examined in the context of the college's governing documents and applicable laws and regulations.
Thank you.
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