Experts & Views
Are NLUs Legally entitled to use the word "National"?
With due regards to the students, alumni and faculties of NLUs, I have no doubt the NLUs are truly national in terms of student compostition, different in terms of curriculum and administrative structures from other tradtional law colleges. The big question is whether the NLUs are legally entitled to use the word "National".
The NLUs are established by acts of different state legislatures and are universities within the meaning of Section 2 (f) of UGC Act, 1956.
I cannot produce the government order, rule or circular where it has been stated that the State Universities or institutions are not entitled to use the word "national".
But I am producing evidences which has put doubt on my mind regarding the use of the word "national" by the NLUs.
Evidence 1:
Source: http://www.ugc.ac.in/more/commissiondecision/427.pdf
"4.01 The Commission examined the proposals received from Gauhati University and Vikram University and granted its approval in principle with the modification that Gauhati University be advised to drop the word “National” in the proposed Institute of Art History, as the State institutions are not permitted to use it." (emphasis added)
Evidence 2:
Source: http://www.ugc.ac.in/more/commissiondecision/430.pdf
6.06: To consider the request of Gauhati University for not removing the word “National” from its proposal for “establishment of National Institute of Arts History”. The Commission, keeping in view the instructions of Govt. of India resolved not to accept the request of Gauhati University for use of word “National” with the name of the Institute of Arts History.
There must be a Government order in existence which prohibits state institutions not to use the word "national" in their name, as inferred from Evidence 1 and 2. I put a serious doubt on legitimacy of the use of the word "National" by the NLUs.
Further, I suggest that the NLUs may be transformed into Central institutions like in the case of NITs. Like the IITs and IIMs, NLUs can form a single brand image, this will help in easy rotation of faculty, better funding and will also help the upcoming law schools with the older NLUs working as mentor institutes. Further, turning NLUs into central institution will also put end to the debate on regional reservation policy.
Critical Comment on this issue is seriously welcome.
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"to receive grants, subventions, subscriptions, donations and gifts for the purposes of the School and consistent with the object for which the School is established" (quoted from the Act) - so the state is not exclusively funding the institution and may not be a "state" university in that sense (I guess NLS accepts state funds only to such an extent as to be 'consistent with the object for which the School is established' - i.e., to enable it to be called 'National' amongst other things) --- I am not sure at what level of state funding you have to stop calling yourself 'National' (and be a state uni.) but I think the distinction between state and autonomous mainly lies in the source for funding...
I guess the answer is yes.
2) what is the distinction between state and central institutions? I guess, the answer is to test which government has control over the institution. In the case of NLUs the state government has the control over the institutions, the control of central is merely regulatory through Advocates Act, 1961 and UGC Act. The control of the central is not distinct or unique to the NLUs, whereas the control of the state government is specific and unique to the case.
3)Does autonomous institutions constitutes a separate category from the central and the state institutions?
Yes, autonomous institutions are different from the central and the state institutions in terms of funding, control, etc. But, there lies a distinction between state autonomous institutions and central autonomous institutions. The Ministry of HRD controls most of the central autonomous institutions and the state autonmous institutions are generally under control of Ministry of Education/ Higher Education/ HRD of respective states.
The NLUs being a "state" within the meaning of article 12 and also being under the control of respective state government, though they are autonomous in character, it nevertheless constitutes within the definition of state institution. So, it is hereby argued that the use of the word "National" in NLUs is illegal and should not be allowed to do so.
www.ugc.ac.in/inside/stateunivupdated020710.pdf
"Universities" being educational institution, and NLU are state Universities, logically all NLUs are "state institutions"...
I think i have proved my case beyond doubt, a PIL in SC can only clear the doubt I have.
The UGC has not objected to the use of "National" by NLS and I can't see who would be aggrieved seriously! If NLS is not 'national' then I can't believe what is...
Even if there is a PIL I am sure an order would be passed permitting NLS to continue with its name. But this is an interesting issue.
None of the national law shools are lisited as 'central' universities in the UGC website.
This however, does not prevent the NLUs or any other university from using the word national. As regards your general comment, both NLS and NUJS have national members in the boards and the CJI is the chancellor.
finally, i am your not sure logic in comment number 6 re the equality issue work.read the fundamental rights chapter carefully, it has limited scope. Not sure whether it can be used in case of names of universities.
To consider the report of the UGC Expert Committee to evaluate the proposal of National Law University, Jodhpur (Rajasthan) for declaring the University eligible to receive Central financial assistance under Section 12(B) of the UGC Act, 1956.
The Commission examined the report of the Expert Committee and approved National Law University, Jodhpur (Rajasthan) fit to receive Central financial assistance under Section 12(B) of the UGC Act, 1956 subject to verification by Secretary about the status of faculty members.
The UGC clearly hasn't expressed any objection to NLU-J using the word "National". The case with the Arts school at Gauhati University must have been different and no general rule can be derived from that word.
I entirely agree with the proposal that all NLUs may be transformed into central institutions and bring them on par with the IITs and IIMs, thereby further enhancing the status of legal education in India. This is possible by enacting a Consolidating Act by the parliament.
However, in these technicalities it must not be forgotten that the average age of all the NLUs (excluding NLSIU, Bangalore) is less than 10 years, and in these years these NLUs have taken the legal education in India to the next level.
None will deny that all these NLUs need to be transformed into central institutions and bring them on the same footing as IITs and IIMs. In fact the process of unifying these NLUs has already begun with the constitution of the CLAT in 2008. It is upto the Parliament to pass the necessary laws to transform these 'State' Law Universities into National ones, especially in view of the fact that the experiment in legal education in India by Prof. Dr. Madhava Menon by setting up the NLSIU, Bangalore has proved to be a re-sounding success!
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