Vice Chancellor, Rajiv Gandhi National Aviation University v. Jitendra Singh 2026 INSC 520 - Legislation- Transitional Provision
Legislation- Transitional provision - The function of a transitional provision is to make special provision for the application of legislation to the circumstances which exist at the time when the legislation comes into force . One feature of atransitional provision is that its operation is expected to be temporary, in that it becomes spent when all the past circumstances with which it is designed to deal have been dealt with, while the primary legislation continues to deal indefinitely with the new circumstances which arise after its passage . (Para 23) [Context: Section 46 of SC held that Rajiv Gandhi National Aviation University Act, 2013 is a transitional provision. ]
General Clauses Act, 1897 - Section 16 - The appointing authority necessarily possesses the power to terminate the services of the employee appointed by it. (Para 25) [Context: The issue was whether the President of India, as Visitor of Rajiv Gandhi National Aviation University, had the authority to approve disciplinary action and terminate the services of the University’s First Registrar, appointed under the transitional provision in Section 46(b) of the 2013 Act. The Court held that the Visitor, being the appointing authority for the First Registrar, also possessed the power to terminate his services]
Rajiv Gandhi National Aviation University Act, 2013 - Section 46 - The power under Section 46(b) of the Act, exhausts itself when it is exercised by making an appointment. (Para 23)
Case Info
Here’s the information extracted from the judgment on your current page:
Case name:Vice Chancellor, Rajiv Gandhi National Aviation University v. Jitendra Singh & Ors.
Neutral citation:2026 INSC 520
Coram (Bench):Justice Pamidighantam Sri NarasimhaJustice Alok Aradhe
Judgment date:21 May 2026 (New Delhi)
Statutes / laws referred:
- Rajiv Gandhi National Aviation University Act, 2013
- Section 2(b), 2(l), 2(x)
- Section 9(1)–(12)
- Section 12
- Section 14
- Section 20 (incl. proviso to Section 20(1))
- Section 46 (transitional provisions, especially 46(b))
- Rajiv Gandhi National Aviation University, First Statute, 2016
- Statute No. 28 (Removal of employees of University)
- General Clauses Act, 1897
- Section 16 (power to appoint includes power to suspend/dismiss)
Case laws / citations referred:
- Britnell v. Secretary of State for Social Security, [1991] 2 All ER 726
- Thornton on Legislative Drafting, 3rd ed. (1987), p. 319 (treatise cited on transitional provisions)
Brief three‑sentence summary:The Supreme Court considered whether the President of India, as Visitor of Rajiv Gandhi National Aviation University, had the authority to approve disciplinary action and terminate the services of the University’s First Registrar, appointed under the transitional provision in Section 46(b) of the 2013 Act. Reading Section 46 with Statute 28 and Section 16 of the General Clauses Act, the Court held that the Visitor, being the appointing authority for the First Registrar, also possessed the power to terminate his services, and disagreed with the High Court’s view that the Visitor had no role in such disciplinary proceedings. However, in light of the peculiar facts, the expiry of the First Registrar’s three‑year term, and the prolonged litigation, the Court declined to interfere with the operative directions of the High Court and disposed of the appeals without costs.