Two-year LLM: So long?Two-year LLM: So long?

LLM aspirants were yesterday allowed to freshly submit their university preferences online to the Common Law Admission Test (CLAT) 2013 core committee, after a resolution at yesterday’s core committee meeting at Raipur. The committee allowed this in light of changes affected by the introduction of the one-year LLM degree this year.

A notification dated 30 May 2013 on CLAT’s website states:

“In pursuance of the UGC Guidelines dated 18th January 2013 regarding the introduction of One-Year LL. M. Program, most of the NLUs have introduced One-Year LL. M. Program from the Academic Session 2013-14.”

[…]

“In the changed situation wherein the LL. M. Program has undergone some kind of restructuring with regard to the duration of the course and the specializations offered, there were a number of requests from LL. M. Applicants for CLAT-2013 asking for giving them an opportunity for submitting fresh preferences for universities so that the allotment could be made accordingly.”

[…]

“The candidates who have appeared in CLAT-2013 for admission to the LL. M. program are therefore instructed to take a look at the LL. M. program and specializations offered by various NLUs and submit their preferences online latest by 12:00 mid night of 4th June 2013.”

LLM NLUs

According to details of one-year LLM seats and specialisations offered by nine national law universities (NLU) aspirants will be competing for 374 total seats – maximum 50 at NLSIU Bangalore and Nalsar Hyderabad and minimum 25 at NLUO Cuttack. 1,374 candidates had applied through CLAT for LLM courses.

RMLNLU Lucknow, NUALS Cochi and NLUJAA Guwahati are offering only the two-year LLM degrees and together have 42 seats. NUSRL Ranchi and CNLU Patna do not offer LLM seats through the CLAT. The final result for NUSRL’s separate entrance test was declared on 25 May.

The one-year LLM specialisations offered by the NLUs range from maximum six at Nalsar to two at NLSIU, NUJS Kolkata, NLU Jodhpur and HNLU Raipur.

According to the 18 January University Grants Commission (UGC) notification introducing guidelines for the one-year LLM, only those law schools which have a “centre for post-graduate studies” will be allowed to run the program and the two-year LLM will continue to remain valid.

Troubled applicants

In the CLAT brochure that was uploaded on the exam’s website last year, the committee had stated:

“Since the UGC is contemplating to convert the 2 year LLM program into a one-year LLM program and has taken certain initiatives in this regard, the duration of the LLM program offered by the NLUs including the course structure and specialisations may get restructured in due course of time. Candidates admitted to the LLM program through CLAT 2013 shall abide by the modifications/amendments made by the NLUs based on the guidelines provided by UGC”

“The candidates are therefore advised to check the websites of respective institutes/universities from time to time to keep themselves updated about the changes in the course structure and other details”

Several LLM applicants had told Legally India in January 2013 that their requests for submitting fresh law school preferences to the CLAT committee were not being entertained at the time.

In February 2013 Nalsar Hyderabad and NUSRL Ranchi became the first national law schools to introduce the one-year LLM program after September 2012’s UGC approval of the degree, as reported by Legally India.

Around 30,000 senior-secondary school pass outs today await the result of the 12 May CLAT 2013 exam for gaining entrance to the undergraduate law course at one of 14 NLUs. The exam was convened by HNLU Raipur this year.

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1
 
Recommend! +5 Objection! -1 Guest 2013-05-31 12:24
All the aspirants for LL.M, following can be an eye opener for you. This course is nothing more than a diploma course, can say that most of the NLU's don't even have faculty to teach, even those on the top of the list. You don't get enough no. of classes, and most of those who take classes are not competent for that. They didn't had regular classes when there was a 2 yr prog. then you can imagine the condition in present scenario, when there is only one year course, So if you are just going for a sake of a "Degree of LL.M." for applying for teaching, then go for it, otherwise its totally useless. Still if you wish to go, go for NLSIU & at the max. for Jurisprudence or IPR in NALSAR.
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1.1
 
Recommend! +8 Objection! -0 azaad punchee 2013-05-31 12:51  interesting
with one or two exceptions, the LL.M. at all the NLUs is crap. They should be ashamed as to how they conduct it. It is worse than LL.B. at traditional law schools. Go to DU or BHU.
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1.1.1
 
Recommend! +7 Objection! -0 way to go 2013-05-31 17:23  interesting
Quoting azaad punchee:
with one or two exceptions, the LL.M. at all the NLUs is crap. They should be ashamed as to how they conduct it. It is worse than LL.B. at traditional law schools. Go to DU or BHU.

The reason that there exists a somewhat ineffective LLM in most NLU's is because of the inefficient and unqualified teaching staff that is persistent in teaching stereotypical specializations. A more suitable approach needs to be adopted by the NLU's in making sure that the course promotes unprecedented research in all subjects. The quality of teachers is sad in almost every univ in India leaving out a few that can be counted on fingers. The LLM program can be improved by making it more research oriented and providing big financial incentives to teachers cum professionals who would leave their jobs and would willingly come to the isolated campuses to teach.I see no other way of improving the state of LLM in India at large. It is after all a course that can benefit law students and the legal industry at large which is in itself in need for improvement
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2
 
Recommend! +4 Objection! -0 Guest 2013-06-06 11:59
Don't go for llm from any of the NLUs. I am doing my LLM from the so called prestigious NLU. But I really regret now. They don't have well experienced and qualified faculties to handle the LLM course. Situation is same in all NLUs. Most of the faculties are just LLM plus net qualified which is the minimum eligibility for teaching as per UGC criteria.

They themselves don't know how to research and surprisingly, they will be your guide in your LLM dissertation. All NLUs are offering specialised courses in LLM and the classes will be held by faculty having degree and experience in other subject.

Most of the faculties at NLUs to handle LLM course are not up to the standard required. To substantiate this opinion you can read review commission report of NLSIU, NALSAR and GNLU highlighting the teaching standards. To know more read following posts.
www.llm-guide.com/board/128353
www.llm-guide.com/board/128351
www.llm-guide.com/board/128350
www.llm-guide.com/board/128340/post-128347

A victim of NLU system
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3
 
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Recommend! +2 Objection! -1 Guest 2013-06-06 11:59
Can anyone tell me why GNLU is following reservation policy? As per section 6 of GNLU Act, 2003, all admissions and recruitment shall not be based upon religion, place of birth, sex, caste and class also. The implication of using the word class has great significance. It prohibits SC/ST reservation also. Despite this GNLU is following reservation policy which is totally contrary to the mandate of GNLU Act, 2003.

Kindly read section 6:

"The University shall be open to all persons irrespective of religion,
sex, race, caste, creed, class, opinion, place of birth or religious belief or political opinion and it shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, caste, creed, class, place of birth, opinion, religious belief or profession in order to entitle him to be admitted as a student in the University or to be appointed thereto as a teacher or to hold any office or post in the University or to qualify for any degree, diploma or any academic distinction or to enjoy or exercise any privilege of the University."

Victim of NLU system
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3.1
 
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Recommend! +1 Objection! -5 Consti 2013-06-06 17:31
The Act is subject to the Constitution, which allows reservation.
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3.2
 
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Recommend! +0 Objection! -5 Hopeless 2013-06-06 18:10
Quoting Guest:
Can anyone tell me why GNLU is following reservation policy? As per section 6 of GNLU Act, 2003, all admissions and recruitment shall not be based upon religion, place of birth, sex, caste and class also. The implication of using the word class has great significance. It prohibits SC/ST reservation also. Despite this GNLU is following reservation policy which is totally contrary to the mandate of GNLU Act, 2003.

Kindly read section 6:

"The University shall be open to all persons irrespective of religion,
sex, race, caste, creed, class, opinion, place of birth or religious belief or political opinion and it shall not be lawful for the University to impose on any person any test whatsoever relating to sex, race, caste, creed, class, place of birth, opinion, religious belief or profession in order to entitle him to be admitted as a student in the University or to be appointed thereto as a teacher or to hold any office or post in the University or to qualify for any degree, diploma or any academic distinction or to enjoy or exercise any privilege of the University."

Victim of NLU system


Yes, Section 6 says that the university is open to all, irrespective of caste, sex, creed or religion. So no one will be refused admission based on these grounds.

On the other hand, reservation is a matter of affirmative action, deeply embodied and flowing from our Constitution and statutes/law/jurisprudenc e. Section 6 does not prohibit reservation. All universities/deemed universities are legally required to provide for reservation for backward/sc/st.

Essentially, if you belong to SC/ST, a seat may be reserved for you to assimilate your caste with the more fortunate castes. But, under section 6, you cannot be refused a seat because you belong to a particular caste/religion/sex/creed/etc.

Are you a law student? Better start studying hard (and understand the law), otherwise you will continue to act as "victim of NLU system" and continue to blame the "system"
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3.2.1
 
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Recommend! +0 Objection! -0 Guest 2013-06-07 00:41
Quote:
Yes, Section 6 says that the university is open to all, irrespective of caste, sex, creed or religion. So no one will be refused admission based on these grounds.

On the other hand, reservation is a matter of affirmative action, deeply embodied and flowing from our Constitution and statutes/law/jurisprudence. Section 6 does not prohibit reservation. All universities/deemed universities are legally required to provide for reservation for backward/sc/st.

Essentially, if you belong to SC/ST, a seat may be reserved for you to assimilate your caste with the more fortunate castes. But, under section 6, you cannot be refused a seat because you belong to a particular caste/religion/sex/creed/etc.

Are you a law student? Better start studying hard (and understand the law), otherwise you will continue to act as "victim of NLU system" and continue to blame the "system"
Dear Mr. Hopeless,

You really justify your name. Please read the provision fully and don't stop reading halfway. It seems your basics of your constitutional law is not clear and you really need some classes on it. It was surprising to receive interpretation and comments like yours.

Here are clarifications for your lucid understanding.

Section 6 can be divided in two parts and both the parts have to read jointly. The first part is declaratory in nature which is reproduction of the essence of Article 15(1) of the Constitution. It says...

"The University shall be open to all persons irrespective of religion,
sex, race, caste, creed, class, opinion, place of birth or religious belief or political opinion...."


This first part preceeds with the expression "and" it further prohibits imposition of "....any test related to sex, race, caste, creed, class, place of birth, opinion, religious belief or profession in order to entitle him to be admitted as a student in the University."

Therefore, the second part of section 6 is prohibitory in nature and it declares such action illegal.

Interpretation of first part:

"The University shall be open to all persons irrespective of...."

When you reserve certain seats for particular category on the basis of sex, caste, creed place of birth etc., it means those seats are not open for all. Reserving seats means closing those seats for general categories.

Mr. Hopless please do not substitute the expressions used in statutory provision on your own whims and fancy. You wrote that "...no one will be refused admission based on these grounds. "

Act does not use the expression refuse admission. It uses the expression open to all and there is lot of difference between these two expressions. If your interpretation is accepted then second part of the provision will become redundant.

Interpretation of second part

It declares imposition of any test on the basis of caste, creed, sex, religion, place pf birth etc. as unlawful. Requiring a candidate to establish and prove that he belongs to particular caste, sex, place of birth amounts to imposition of test. As the provision uses the expression "any test whatsoever related to..."

The use of word whatsoever is very broad and includes requirement to produce caste certificate or any other document evidencing particular caste.

Your argument related to affirmative action

Now coming to your wrong understanding of affirmative action in constitution let me clarify that affirmative action is discretion of state. It cannot be claimed as a rights. [Indra Sawhney v. Union of India, AIR 1993 SC 477]indiankanoon.org/doc/1363234/

Even if assuming that section 6 is not prohibitory in nature, still the implementation of reservation will be unlawful as any implementation of reservation should be backed by law. As Article 15(4) says that "state may make provision..."

Such provisions (affirmative action) under Article 15(4) might be statutory provision or executive order. So far in my knowledge there is no such executive order issued by State of Gujarat or for that sake even by GNLU. if you know any such notification allowing reservation in GNLU please let me know.

Assuming for the sake of argument that such notification exists (either by Gujarat State or UGC), still that notification will become contrary to GNLU Act. Reservation would have been valid in the absence of section 6, had there been any such notification by the state coupled with constitutional provision. Moreover, one can not say that section 6 is reservation enabling provision.

Reservation for students belonging SC/ST of other states

Currently, GNLU is implementing SC/ST reservation without discriminating between SC/ST coming from Gujarat and SC/ST coming from other states.

Even if assuming for the sake of argument that SC/ST reservation is valid in GNLU, still reservation extended to SC/ST coming from other states whose caste or tribe does not find place in SC/ST list of Gujarat is unlawful, illegal and contrary to Presidential order 1950 on SC and ST.

Please read these judgments in which CLAT was the party to writ petitions and even GNLU was party to both the petitions. These two cases declares that benefits of SC/ST reservation can not be extended to SC/ST of other state.

Lolaksha v. Convener, CLAT and NLSIU, NUALS, GNLU and Ors. available at judgmenthck.kar.nic.in/judgments/bitstream/123456789/200616/1/WP18534-09-10-09-2009.pdf

C. Anantharamu v. Convener, CLAT, NLSIU and GNLU available at
judgmenthck.kar.nic.in/judgments/bitstream/123456789/776356/1/WP18634-10-05-11-2012.pdf

For example; GNLU has extended reservation to Meenas of Rajasthan which is a notified ST community for the state of Rajasthan not for the state of Gujarat as per presidential order 1950.

Similar may be the case for many other community which is notified as SC/ST for one state but does not find place in the list of SC/ST for state of Gujarat.

Mr. Hopeless, remember that the one community may be SC/ST in one state and still can be treated as general category in another state. Therefore, reservation has to be given as per the state list notifying the list of SC/ST. Reservation can not be given in contravention of Presidential order 1950.

Continued...
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3.2.2
 
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Recommend! +0 Objection! -0 Guest 2013-06-07 00:42
...Continued

Parallel provision in other NLU establishing Acts

Section 6 of GNLU Act seems to be drafted on the line of section 4(2) of NLSIU Act, but there is great difference between two provisions and that the reason why SC/ST reservation in NLSIU is valid.

Relevant provision in NLSIU Act
Section 4(2) of NLSIU Act

The School shall be open to all persons of either sex irrespective of race, creed, caste or class of all religions and it shall not be lawful for the school to impose on any person any test whatsoever of religious belief or profession[/u] in order to entitle him to be admitted thereto as a teacher or a student or to hold any office therein or to graduate thereat or to enjoy or to exercise any privilege thereof.

There is a difference between GNLU provision and NLSIU provision. The difference lies in the second part of section 4(2). Second parts declares any discrimination as unlawful only on the ground of religious belief or profession. It does not uses the expression caste, creed, class, sex, place of birth as used in section 6 of GNLU Act.

This is precisely the reason why NLS has reservation for SC/ST because their laaw does not prohibit so. But GNLU Act prohibits.

Provision in NALSAR

Reservation policy in NALSAR is valid because there is no such provision in NALSAR Act.

Presidential order on ST
url]http://www.anagrasarkalyan.gov.in/pdf/constitution_scheduled_tribes_order_1950.pdf

Presedential order on SC
socialjustice.nic.in/pdf/scorder1950.pdf

Notified SC for Gujarat
socialjustice.nic.in/pdf/scordergujarat.pdf

List of notified SC
censusindia.gov.in/Tables_Published/SCST/SC%20Lists.pdf

List of notified ST
censusindia.gov.in/Tables_Published/SCST/ST%20Lists.pdf

Mr. Hopeless, I don't know whether you are student/teacher/advocate, hope this short notes is enough for the time being. If you want to more then come to my office, I won't mind demystifying your myth of knowing constitutional law. Instead of advising me to study hard, do your research properly before opening your mouth. And yeah, I do not wish to comment further otherwise, I would have to take constitutional law classes here.
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