"The case related to NLSIU is sub-judice so I am not in a position to say anything. However, to talk about NLUs in general, all the NLUs are different from each other academically, legally and with respect to pedagogy. What they share is a common name. As far as the domicile reservation is concerned, it depends on the state where they are operating, as well as the statutes of that state."
"We do not receive either state or central government grants"
The million dollar question is if Supreme Court will uphold the Karnataka High Court judgement. The court said that NLSIU is a class apart as it was set up by BCI, has CJI as Chancellor, has produced Rhodes scholars and the face fo Indian legal education abroad.
“Reservation is meant to target specific inequities or backwardness and lack of equal opportunity. It doesn’t dilute quality. If implemented properly with a clear vision, it is a great tool of affirmative action,” said Aman Saxena, NLSIU Bengaluru alumnus and currently, an advocate at the Chhattisgarh High Court. Despite that stand, he’s against the state quota at NLSIU. Explaining the opposition, he said: “It is three-fold. First, it is the best law school in the country and it must remain a national institute, its national character ought to be preserved so that every student from all parts of the country gets equal opportunity to study here.” Secondly, opponents argue that the quota is unnecessary at NLSIU Bengaluru and, if implemented, is unlikely to serve the intended purpose. “The specific inequity that the domicile reservation seeks to address is the lack of state representation in the institute and opportunities for its residents,” explained Saxena. “While that may be true for some National Law Universities, it is not for NLSIU. Every year, about eight to ten students from Karnataka make it to NLS, which is about 10-15 percent of the seats. A 25 percent reservation would have just pushed in more kids from Bengaluru into law school and not students from remote parts of Karnataka like Dharwad etc.” Finally, the state is demanding too much for the contribution it makes to the institution, he said. “NLS historically has received a very paltry contribution from the state government and is completely self-funded. It receives barely Rs. 2 crore a year in grants from the state government which has now been slashed to only Rs. 50 lakh. With that kind of contribution, the state government really cannot seek additional reservation as it is not backed by the state support.”
No. CJ of INDIA is Chancellor only of NLSIU. In other NLUs it is the CJ of the STATE. The Karnataka HC clearly said this. This is why the court said NLSIU is unlike other law schools.
Para 109 and 113:
Quote:
No less a person than the Chief Justice of India, if he consents, shall be nominated as the Chancellor of the School by the Society. The significance of the Chief Justice of India being nominated as the Chancellor of the School by the Society cannot be undermined. Thus, the respondent/Law School functions under the guidance of the highest judicial authority of the land, namely Hon'ble the Chief Justice of India
Quote:
This is precisely because of the membership and composition of the various Authorities under the Act, which we have detailed above and the Chancellor of the respondent/Law University could be and has always been Hon'ble the Chief Justice of India.
No. CJI is the Chancellor of NUJS as well. I also think he’s the Chancellor/Visitor of GNLU. So that distinction was nonsense. You can harp on about this flawed KA HC judgement all you like, it doesn’t make it legally tenable. Let the SC decide that.
This is what happens when you start believing in your own misleading PR. You lose your ability to recognize facts any more. For example, the CJI is the Chancellor of NUJS too. Instead of quoting random paragraphs from cases where lawyers are pulling smokescreens and the judge is behaving like a fanboy without logic, you should increase your GK more.
The Karnataka High Court has clearly laid down that those law schools not established by BCI are state universities. Until the SC rules otherwise, that is the law. So please do not jump the gun.
As for NUJS, I am not sure what the regulations are, but the CJI should not be Chancellor of a university which:
- which was not established by the BCI (unlike NLSIU) - is funded by a state govt (unlike NLSIU) - has domicile quotas (unlike NLSIU) - where administration and alumni has accepted domicile quota (unlike NLSIU) - where 90% governing body members are local appointees (unlike NLSIU) - whose VC is not appointed by the Attorney General of India (unlike NLSIU) - is named after a state, i.e. full name is "WB NUJS" and not "NUJS of India" (unlike NLSIU)
Perhaps Prof Menon made the CJI as Chancellor initially while founding NUJS for logistical reasons, but that should now cease because it is an anomaly. The HC CJ is the Chancellor of NALSAR, NLUD, NLUJ etc so that is the correct model for NUJS.
The comment by Advocate Aman Saxena in comment 2 is the correct position. A second law school called Karnataka National Law University can be set up with 50% reservation along the NALSAR and NUJS model and with Karnataka CJ as Chancellor, but NLSIU cannot be touched.
Anyway, let us wait for the Supreme Court. Some of India's top lawyers are arguing it, who are more qualified than law students on LI.
Also doesn't have a VC who has been [...] by the SC (unlike NLSIU). Hasn't defrauded CLAT aspirants of half of the NLAT fees despite the exam being struck down (unlike NLSIU). Doesn't give 'CLAT coaching' in a [...] manner to school going children in the disguise of 'English courses' (unlike NLSIU). Actually implements the legal reservation policies put in place by democratically elected governments in centre and state and isn't summoned regularly by Minorities Commission for breaches (unlike NLSIU). Is transparent about the actual quantum of support received from government sources and does not blatantly lie about not receiving state support after having accepted it for years (unlike NLSIU). Is not confused about whether it is a school or a university (unlike NLSIU). Produces graduates who have sufficient knowledge of law not to mix irrelevant obitar from fanboy judges with the actual binding part of a judgement (apparently, unlike NLSIU assuming you are from there). Knows enough about legal jargon not to say that the VC appointment takes place by the AG where in reality the due process is quite different (unlike NLSIU, again assuming you're from there).
How many people here have read the Karnataka HC judgment? Not only is it well reasoned but the court went into the entire history of how NLSIU waste up by BCI Chairman Ram Jethmalani. The historical context of other law schools is totally different. They were set up as state universities. People here are commenting without reading the judgement..
Nope, it was not. Such as getting to hear about the historical status of universities not involved in the matter from one of the parties with a conflict of interest, and then shooting off deciding upon their status. That's as bad in law as it gets. Further, if BCI has created NLSIU, why is it still in the consortium, since the latter has clearly opposed the BCI about the one year LLM.
@5.1: What are you saying? It is clear as daylight that all law schools subsequent to NLSIU were set up as state universities. The court was 100% right. Can you explain why other NLUs are not challenging domicile reservations? Because they know they have no locus standi. Only NLSIU is a truly national institutions set up by BCI. Please read the judgement, as well as the biography of Ram Jethmalani by Susan Adelman. A state government statute was enacted only because fo certain technical reasons.
Anyway, everyone has full faith that the SC will uphold the excellent judgment.
You should focus on daylight saving time and logic more instead of parading your ignorance. A national institution being formed under a state statute, accepting state funds, and not getting any central government fund for the 35 years since its inception. [...]
NLUJA Assam has just won the Jessup India rounds, while Symbiosis Noida was the runners-up. I hope the naysayers in the comments section who keep blowing the trumpet of 'tier one' NLUs and dissing other institutions are seeing this! Good, intelligent and hardworking students can do well regardless of the institutional pedigree and privilege. p.s. I'm not from either institution.
Did NLS qualify? NLS was not in the top 8 and only the names of the top 8 institutions has been reported, so I am assuming NLS did not qualify.
Top 8 teams:
Team 429 – The Tamil Nadu Dr. Ambedkar Law University Team 608 – Government Law College, Mumbai Team 303 – Symbiosis Law School, Noida Team 445 – National Law University and Judicial Academy, Assam Team 284 – Jindal Global Law School Team 570 – Kirit P. Mehta School of Law Team 354 – The W.B National University of Juridical Sciences Team 467 – National Law University, Jodhpur
"We do not receive either state or central government grants"
https://news.careers360.com/nep-2020-we-might-take-cluster-university-approach-says-nlusiu-vc
The million dollar question is if Supreme Court will uphold the Karnataka High Court judgement. The court said that NLSIU is a class apart as it was set up by BCI, has CJI as Chancellor, has produced Rhodes scholars and the face fo Indian legal education abroad.
Quote: https://news.careers360.com/domicile-debate-how-most-nlus-came-have-state-quotas
Para 109 and 113:
Quote: Quote: https://indiankanoon.org/doc/170946768/
As for NUJS, I am not sure what the regulations are, but the CJI should not be Chancellor of a university which:
- which was not established by the BCI (unlike NLSIU)
- is funded by a state govt (unlike NLSIU)
- has domicile quotas (unlike NLSIU)
- where administration and alumni has accepted domicile quota (unlike NLSIU)
- where 90% governing body members are local appointees (unlike NLSIU)
- whose VC is not appointed by the Attorney General of India (unlike NLSIU)
- is named after a state, i.e. full name is "WB NUJS" and not "NUJS of India" (unlike NLSIU)
Perhaps Prof Menon made the CJI as Chancellor initially while founding NUJS for logistical reasons, but that should now cease because it is an anomaly. The HC CJ is the Chancellor of NALSAR, NLUD, NLUJ etc so that is the correct model for NUJS.
The comment by Advocate Aman Saxena in comment 2 is the correct position. A second law school called Karnataka National Law University can be set up with 50% reservation along the NALSAR and NUJS model and with Karnataka CJ as Chancellor, but NLSIU cannot be touched.
Anyway, let us wait for the Supreme Court. Some of India's top lawyers are arguing it, who are more qualified than law students on LI.
Hasn't defrauded CLAT aspirants of half of the NLAT fees despite the exam being struck down (unlike NLSIU).
Doesn't give 'CLAT coaching' in a [...] manner to school going children in the disguise of 'English courses' (unlike NLSIU).
Actually implements the legal reservation policies put in place by democratically elected governments in centre and state and isn't summoned regularly by Minorities Commission for breaches (unlike NLSIU).
Is transparent about the actual quantum of support received from government sources and does not blatantly lie about not receiving state support after having accepted it for years (unlike NLSIU).
Is not confused about whether it is a school or a university (unlike NLSIU).
Produces graduates who have sufficient knowledge of law not to mix irrelevant obitar from fanboy judges with the actual binding part of a judgement (apparently, unlike NLSIU assuming you are from there).
Knows enough about legal jargon not to say that the VC appointment takes place by the AG where in reality the due process is quite different (unlike NLSIU, again assuming you're from there).
Anyway, everyone has full faith that the SC will uphold the excellent judgment.
p.s. I'm not from either institution.
Did NLS qualify? NLS was not in the top 8 and only the names of the top 8 institutions has been reported, so I am assuming NLS did not qualify.
Top 8 teams:
Team 429 – The Tamil Nadu Dr. Ambedkar Law University
Team 608 – Government Law College, Mumbai
Team 303 – Symbiosis Law School, Noida
Team 445 – National Law University and Judicial Academy, Assam
Team 284 – Jindal Global Law School
Team 570 – Kirit P. Mehta School of Law
Team 354 – The W.B National University of Juridical Sciences
Team 467 – National Law University, Jodhpur
Congrats to both