38.6c New Delhi, India, Wednesday, May 29, 2024

Karnataka Quashes the NLSIU Amendment Act; States the Act is Contrary to the Parent Act

By Meghna Mishra      01 October, 2020 02:49 PM      0 Comments
Karnataka Hc NLSIU Amendment Act

On September 30 2020, the Karnataka High Court quashed the National Law School of India University (NLSIU) Amendment Act, 2020. The Amendment Act guaranteed a 25 % reservation for students who had a state domicile. The order for quashing the amendment act was passed by a Division Bench that comprised of Hon’ble Justices BV Nagarathna and Ravi V Hosmani. The order was passed amidst a batch of pleas that challenged the 25 % Domicile reservation of the Premiere Bangalore College. While passing the order, the Bench held that the NLSIU Amendment Act, 2020 was ultra-virus and contrary to the provisions of the parent act.

The order passed by the Division Court read, “For the aforesaid reasons, the impugned reservation (under NLSIU Amendment Act) is struck down as the intelligible differentia has no nexus to the object sought to be achieved and therefore, does not meet the twin tests under Article 14 of the Constitution.” 

Further, the Court opined that the State Government is not empowered to enact the Amendment Act. To upheld this, the Court added, “By this, we do not mean that it does not have the legislative competence under Schedule VII of the Constitution of India...We note that the state did not retain or reserve any role for itself in the matter of administration, management, and control of the Law School. Thus, the Amendment is ultra vires the Act.”

The court made a note that stated that while NLSIU might be an autonomous and independent entity. It has an “all India national character”. The Court also referred to the parent Act and stated that the power to introduce reservation lied only with the Executive Council of NLSIU. The court further opined that the NLSIU is not on par with other law schools there is a multitude of differences including its curriculum, reservation policy, control of Bar Council of India, trimester system, manner of incorporation, Chancellor being Chief Justice of India, etc.

Further, the court held that due to the lack of scientific data validating the reservation, the policy serves no purpose along with being contrary to the objects to the objects of the law school.

However, in its order, the court stated that it shall not interfere with the decision to increase the seats for the undergraduate course of the college. The court has also directed NLSIU to comply with the timeline for admission of CLAT students.


Share this article:

Leave a feedback about this

Trending Business
Battle Over Butter Chicken: Moti Mahal Takes Daryaganj to Court in Trademark Showdown

Moti Mahal and Daryaganj restaurants clash in Delhi High Court over trademark claims, each asserting they invented Butter Chicken and Dal Makhani.

28 May, 2024 11:33 AM
Trending Judiciary
Punjab and Haryana High Court Upholds ED's Arrest of AAP MLA, Dismisses Plea Challenging Detention [Read Order]

Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh's plea against his ED arrest, ruling it was in line with Section 19(1) of the PMLA.

28 May, 2024 11:56 AM


Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM
Trending Judiciary
Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010, Cites Unconstitutional Grounds [Read Judgment]

Calcutta High Court invalidates OBC certificates issued after 2010, declaring them unconstitutional. Court cites undue haste and procedural impropriety.

23 May, 2024 03:33 PM
Trending Judiciary
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

MP High Court grants police protection to a couple facing death threats from their parents for marrying without consent, citing serious measures against honor killings.

23 May, 2024 03:45 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email