Lawstreet Journal

NLSIU State Reservation Case: Karnataka High Court Expresses Concerns Over the Implementation of the Amendment

Lawstreet Journal 27 Aug 2020 7:50pm

Image courtesy: Lawstreet Journal Judiciary NLSIU State Reservation Case: Karnataka High Court Expresses Concerns Over the Implementation of the Amendment

On Wednesday, A division bench of Justice B.V. Nagarathna and Justice Ravi V. Hosmani of Karnataka High Court was told that the State could not have brought in a 25 percent domicile reservation at the National Law School of India University (NLSIU) for students of Karnataka by the Bar Council of India.

Advocate Vikramjit Banerjee, on behalf of the BCI, stated that "The State Government does not have the competence of making reservations, because of the unique nature of the institution. Because of the way it was created. Any reservation in NLS will go against the objective of the NLS."

It was argued that “The ethos of the institution (NLSIU) is that it does not matter from where you come from. It could have been called anything, but it is called THE National Law School."

Further on, he said that the BCI administrates the law university and because of the reservations, the members were aggrieved, and a resolution was passed by BCI to file a petition in the high court challenging the reservation. "Their (state) amendment goes against the spirit of the Act itself", he added.

In March, the Karnataka State Assembly passed the National Law School Of India (Amendment) Act, 2020 following the Karnataka Governor's assent on April 27. The amendment inserts a proviso in Section 4 of the National Law School of India Act which states that "Notwithstanding anything contained in this Act and the regulations made thereunder, the school shall reserve horizontally twenty-five percent of seats for students of Karnataka."

Advocate Shridhar Prabhu, also representing the BCI, stated that "If the parent… Continue Reading...

Tagged: National Law School   National Law Institute University   Karnataka high court  
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