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Wednesday, September 30, 2020

Karnataka HC strikes down 25% reservation for domicile students in NLSIU Bengaluru

Law
The Karnataka government in March had passed an amendment to this effect.
NLSUI Bengaluru main building
File image
In a major setback to the state government, the Karnataka High Court on Tuesday struck down the National Law School India University (NLSIU) Amendment Act, 2020 which allowed 25% reservation to domicile students.  Passing the judgement, a division bench led by Justice BV Nagarathna said the state government’s role in NLSIU is negligible and that it had no locus standi to decide on functionings of the premier institution. The order said that only the NLSIU executive council is empowered to take such a decision.  It further said that when the original NLSUI law was passed, it was clear that the institution will be an autonomous one of national level. The bench further said that if the court allows the state government to exercise control, it will lead to two power centres in the administration, with the executive council already in place. The bill was passed on March 19 earlier this year by the Karnataka legislature and came into effect on April 27. With this, 25% seats in the institution were reserved for any student who studied in Karnataka for 10 years or more regardless of his or her mother tongue. Following this law, the NLSUI had increased its student intake capacity to 120 from 80 in its BA.LLB course. The amendment was challenged in the High Court by a former student and the Bar Council of India. As part of the arguments, the state government said with the entrance exam for the law school being extremely competitive, talented students from Karnataka will find it hard to compete if they are not from privileged backgrounds.  Defending its decision, the state government had said the move was to preserve local talent citing only 33 of the 800 graduates in the last decade had joined the Karnataka Bar Council. In its order, the court has said that reservation does not help students as it will only restrict them to the state.


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