NLSIU

Case BriefsHigh Courts

Karnataka High Court: R Devdas, J., disposed of the petition leaving it on  National Law School of India University to approach UGC for attaining the Institutions of Eminence status.

The facts of the case are such that the petitioner National Law School of India University, Bengaluru, is before the Court, aggrieved by a public notice dated 19.07.2016 issued by respondent-UGC by which it has curtailed the physical jurisdiction of the Universities and higher educational institutions in the country in the matter of Open and Distance Learning and provided that in the matter of distance education, a University which is established or incorporated by or under a State Act shall operate only within the territorial jurisdiction allotted to it under the Act and in no case it shall operate beyond the territory of the State where it is located.

Counsel for the petitioner submitted that by placing a restriction on the territorial jurisdiction, the UGC has violated the right of the petitioner under Articles 14 and 19 (1)(g) and the Right to Education under Article 21-A of the Constitution of India. It was further submitted that UGC is established under an Act of the Parliament for maintenance of standard of education in the country, but the impugned public notice, communication and Regulations, 2017 travel beyond the powers of the UGC. It is contended that such restriction is inconsistent with the object and nature of distance education.

Counsel for the respondents relied on judgment Prof. Yashpal v. State of Chhattisgarh, (2005) 5 SCC 420 submitted that establishment of a University conferring the legal status, but lacking in all the basic requirements, is clearly contrary to the constitutional scheme and is not contemplated by Article 246 of the Constitution.  It was further submitted that on establishment of the UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017, the UGC has made provision to create a distinct category of Deemed to be Universities, called ‘Institutions of Eminence Deemed to be Universities’ which would be regulated differently from other Deemed to be Universities so as to evolve into institutions of world class in a reasonable time period.

The Court observed that Regulations framed by UGC to determine standards of education, become part of the UGC Act and the same are applicable to both Open Universities as well as conventional formal Universities and in that respect, the alternative system envisaged under IGNOU Act, was not in substitution of the formal system. The distinction lay rather in the mode and manner of imparting education and hence, any Degree awarded in violation of Regulation-II of the UGC Regulations of 1985 by a University under Open University system, was held to be void.

The Court thus held “Now that the UGC has come up with the UGC (Institutions of Eminence Deemed to be Universities) Regulations, 2017, making provision to create a distinct category of Institutions of Eminence Deemed to be Universities, which would have the benefit of establishing Off-campus centres and Offshore campus, the petitioner University is free to make an application seeking declaration as ‘Institutions of Eminence Deemed to be Universities’.”

[NLSIU v.UGC, Writ Petition No. 63550/2016, decided on 19-05-2021]

Arunima Bose, Editorial Assistant has reported this brief.

Appearances:

Counsel for petitioners: Mr. Adithya Sondhi and B V Nidhishree

Counsel for respondents: Mr. Showri HR and Ms. Madavi

IDIA

A glimpse of Anand Kumar’s Journey

Background

Anand Kumar hails from ‘Masaurhi’, a small town that is 30 kms away from Patna. He is a highly motivated and hardworking student. His father is a retired army personnel and their total monthly family income is around Rs. 19,000. He has two elder sisters, both of whom are preparing for competitive examinations, and his mother is a homemaker. Anand completed his tenth standard from the St. Mary’s School, Masaurhi (Patna), scoring a CGPA of 8 out of 10.

Since his father sought an early retirement from the army, Anand had to complete his twelfth standard from a Government school – Ram Naresh Senyai School, Kurtha where he scored 65% in his examinations. In his free time, he likes to play sports, especially cricket.

When did Anand decide that he wanted to attempt CLAT?

After his 12th standard, Anand initially started to prepare for NEET Examination due to family pressure, but after one failed attempt, he took some time off to figure out what actually suits him and that is when he came across law as a profession and decided to attempt CLAT.

Anand Kumar came to know about IDIA through one of his seniors in school who is currently studying in CNLU, Patna. He qualified among many students who gave the IDIA National Aptitude Test, and was selected as an IDIA Trainee.

According to him, law is the best subject he can study. He believes that law is an important aspect of everyone’s life and it plays an integral role in a nation’s growth and development. He is determined to study law and contribute towards the development of his community.

Anand has secured an impressive AIR 5 in CLAT 2020 with an outstanding score of 117 out of 150 and has been allotted NLSIU in the first CLAT list. The total cost of studying at NLSIU, Bangalore, inclusive of tuition, hostel and mess expenses, internship, and nominal living expenses is INR 5 lakhs for the first year. Please come forward and help Anand achieve his dream of becoming a lawyer!

For a detailed break up of Anand’s expenses, write to us at prateek@idialaw.org

About IDIA:

IDIA is a pan-India movement to train underprivileged students and help transform them into leading lawyers and community advocates. IDIA is premised on the notion that access to premier legal education empowers marginalized communities and helps them help themselves. IDIA selects and trains students from underprivileged backgrounds (IDIA Trainees) to crack top law entrance examinations in India. Once they are admitted to top law colleges, it provides a scholarship to these students (IDIA Scholars) that comprises financial support, training and mentorship among other things.

Read more about IDIA here: https://www.idialaw.org/

Get in touch with them here: info@idialaw.org

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Conference/Seminars/LecturesLaw School News

About the Webinar

Apart from taking the education and office work to the digital platforms, the pandemic has also drastically altered the mode of payment. In just the last few months, we have seen a budding growth of the e-payment companies, and tech giants like WhatsApp have also entered this market. This trend is also supported by cryptocurrencies like Bitcoin, the prices of which are reaching the all-time-high. These unparalleled circumstances have created new legal challenges.

To discuss some of these pressing issues, the Law and Technology Society, NLSIU brings to you a webinar on ‘Digital Payments and Legal Challenges’. This webinar is a part of an integrated series which the society plans to conduct in due course of time. The webinar will be held on December 5th, 2020 from 6:00 PM to 7:00 PM IST.

Registration

To register, click here and fill the form. E-certificates will be provided to the attendees at the end of the session.

About the Speaker

Tanvi Ratna is an advisor with premium, global and interdisciplinary experience in blockchain and policymaking. She has first-hand expertise in the blockchain regulatory environments of the world’s leading blockchain hubs. Previously, she was Blockchain lead at EY, where she handled government and enterprise projects. For her work in blockchain policy, she was awarded a prestigious fellowship at the New America Foundation, Washington D.C. She has had a long career of policy work for leading global decision-makers, the US Foreign Affairs Committee on Capitol Hill, and several ministries and state governments. Her analyses have been featured in leading media houses such as Al Jazeera, The Diplomat, CoinTelegraph, Economic Times, Mint and others.

The Organizers – The Law and Technology Society (L-Tech)

L-Tech is one of Asia’s oldest student-run tech-law groups and is committed to exploring the boundless contours of the intriguing interface between law and technology.  The main objective of the committee is to build up-to-date scholarship in this field by making research panels and by organizing a series of interesting events including seminars, conferences, policy-making competitions, essay competitions, etc. Our flagship event is Consilience, which is an annual multi-day conference. It was started in the year 2000 and holds the record to be the first of its kind in India.  In the past, the society has had the privilege to host events with dignitaries such as Jacob Appelbaum, Anthony Taubman, Richard Stallman, Stephen Hobe, etc. It is one amongst the many societies at National Law School of India University, Bangalore.

National Law School of India University (NLSIU) Bangalore is the first National Law University to be established in India. NLSIU Bangalore has consistently been ranked as the topmost law school in India and boasts a large alumni network of academicians, researchers, and lawyers.

Call For PapersLaw School News

About the Blog

The mandate of the Indian Journal of International Economic Law (IJIEL) is to augment the discussion on the implications of international economic law for developing countries. Topics may range from international trade and investment law, and WTO law, to international taxation and intellectual property law. We have, over the past few years, published on a variety of areas under IEL and featured articles by both students and luminaries in this field. We seek to provide a new perspective on international economic law, and create discourse for the position of developing countries in these matters.

Theme and Mandate

International Economic Law

Eligibility

Students at the undergraduate or postgraduate level as well as academicians, practitioners and other stakeholders.

How to Submit?

Contributions should be mailed only in a soft copy (.doc or .docx format) to ijielblog@nls.ac.in, the subject of the mail being ‘Submission for IJIEL Blog’.

Submission Guidelines

  1. The article must fit within the general mandate of IJIEL.
  2. We invite the following types of contributions from students and scholars alike:
  3. Responses to articles in the print journal or previous articles published on the Blog.
  4. Comments on contemporary legal developments.
  5. Articles on topics relating to international economic law.
  6. Book Reviews engaging with recent literary works.
  7. All contributions should ordinarily be between 750-1250 words in length, although lengthier submissions may be accepted
  8. The article must be cited as per OSCOLA 4th edition
  9. For citations, authors are requested to use endnotes (please see the articles on the blog for reference)

Contact Details

Please address any queries to ijielblog@nls.ac.in

Important Links

Website can be accessed here

Linkedin Profile can be accessed here

Hot Off The PressNews

Karnataka High Court: A Division Bench B.V. Nagarathna and Ravi V. Hosmani, JJ., while allowing the petition filed by an aspirant for a seat at NLSIU through the Common Law Admission Test (CLAT), strikes down the recent reservation policy proposed for the Karnataka students.

In an unprecedented move, the State Legislative Assembly of Karnataka, in March, passed the NLSIU (Amendment) Act, 2020 to confer a 25% horizontal reservation to those who studied for a minimum of 10 years in Karnataka. It was the government’s claim that the State was missing out on their natives while taking admissions to the prestigious Institution. It further said that graduates from NLSIU, most certainly, do not opt to practice in Karnataka given to the limitation of language, resulting in an ultimate loss of the State. Advocate general Prabhuling K Navadgi claimed that during the past decade, only 33 out of the 800 graduates from the university had joined the Karnataka Bar. Subsequently, a batch of the writ petition was filed by law students and aspirants against the said amendment.

While striking down the reservation policy proposed by the State Government, the Court observed that although the role of government cannot be overlooked in the establishment of NLSIU, the institution is essentially autonomous in terms of its decision making and regulation. Moreover, the Court held that the amendment was contrary to the objective stated under the National Law School of India Act, 1986, where the government assumes no right to interfere in the administration, functions, control, curriculum, and academic matters of NLSIU.

Also Read:

Kar HC | National Law School of India University Amendment Act, 2020 granting 25% reservation to candidates from State of Karnataka — Stayed

National Law School of India (Amendment) Bill, 2020 passed — granting 25% reservation of seats to local students for admission at NLSIU, Bengaluru

IDIA

Yamuna Menon and her story to reaching an unprecedented level

Yamuna graduated from the National Law School of India University, Bangalore in September 2020. She hails from the Udayamperoor area in Ernakulam, Kerala.

Background

Yamuna found out about IDIA when she came across an article in the newspaper and got in touch with the IDIA Kerala Chapter. She then underwent coaching for law entrance examinations in Ernakulam from Heritage coaching centre. In 2014, she could not clear the Common Law Admission Test (CLAT) on her first attempt but she did not give up. She went on to secure the 28th rank in CLAT in 2015.

Yamuna is an all-rounder who is engaged in academics, arts and sports events. She has participated in debates, Model United Nations, and various other activities. She even had the opportunity to participate in moots in London and Singapore. She also represented India in a youth delegation program in Nepal and was also selected for a leadership programme in Australia. She has worked with various social institutions, including NGOs, which helped her in developing qualities to face the real world outside and learn from the challenges that she is presented with. She has been editor-in-chief of the Indian Journal of International Economic Law. Her article on the exploitative Sumangali Scheme in the Tamil Nadu textile industry for which she had one-to-one interaction with Sumangali girls in villages near Coimbatore has been published in the Cambridge Law Review.

Yamuna also had an opportunity to be a Judicial Intern at the Office of Justice Dr Justice D.Y. Chandrachud, Supreme Court of India. Her other notable internships include those at Shardul Amarchand Mangaldas & Co, Hindustan Unilever and Economic Laws Practice.

She is the topper of her batch, with 18 gold medals which is the highest number of medals received by any student in the history of the University.

Yamuna is set to proceed to her new chapter in life – she will be leaving to pursue her Masters in Law from Trinity College at Cambridge University, the United Kingdom on a scholarship. In fact, she was even offered a seat at the University of Oxford but chose Cambridge University for personal reasons!

About IDIA:

IDIA is a pan-India movement to train underprivileged students and help transform them into leading lawyers and community advocates. IDIA is premised on the notion that access to premier legal education empowers marginalized communities and helps them help themselves. IDIA selects and trains students from underprivileged backgrounds (IDIA Trainees) to crack top law entrance examinations in India. Once they are admitted to top law colleges, it provides a scholarship to these students (IDIA Scholars) that comprises financial support, training and mentorship among other things.

Read more about IDIA here: https://www.idialaw.org/

Get in touch with them here: info@idialaw.org

SCC Online is now on Telegram and Instagram. Join our channel @scconline on Telegram and @scconline_ on Instagram and stay updated with the latest legal news from within and outside India

Hot Off The PressLaw School NewsNewsOthers

In a press release issued by NLSIU post the Supreme Court declaring NLAT 2020 to be null and void, the University has affirmed that it will implement the judgment and orders of the Court in letter and spirit. The University reaffirmed that:

  • It will admit students on the basis of CLAT 2020 and not NLAT 2020 for the Academic Year 2020-21.
  • It has begun working with vendors to initiate refunds to all NLAT aspirants. Students may expect refunds after a deduction of Rs 75 as application processing charges in the next 9-14 days.

The faculty of NLSIU in a meeting resolved to do everything possible to respect the founding commitment to a trimester based academic calendar and maintain the highest rigour and standards that NLSIU is known for.The University thanked all students and parents for their patience and support throughout September. The press release issued by NLSIU can be read here.

Read the full Press Release here

Read the detailed report on the Supreme Court judgment quashing NLAT here

Case BriefsCOVID 19Supreme Court

Supreme Court: The Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has quashed the NLAT entrance exam conducted by NLSIU, Bengaluru on September 12, 2020 and has directed the admission of students in all National Law Universities through CLAT -2020.

BACKGROUND

In the notification dated 03.09.2020, NLSIU had stated that the decision was taken due to the unforeseen difficulties and delays in the conduct of CLAT 2020. As NLSIU follows a trimester system it was uniquely disadvantaged as every academic year is made up of three terms of 90 days duration. Moreover, each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes. If it were unable to complete admissions by the end of September 2020 it would inevitably result in a ‘Zero Year’ with no admission. Read more

The bench had, on 11.09.2020, refused to stay the conduct of NLAT by NLSIU Bengaluru which is scheduled to be held a day later but had directed that “neither the result shall be declared nor any admission be made consequent thereto.” Read more

Allegedly, in examination held on 12.09.2020 and 14.09.2020 any malpractices were adopted. On the allegation that the paper was leaked on 14.09.2020, NLSIU had issued a statement claiming that allegation is of downloading of the papers in the last 15 minutes of the examination on 14.09.2020, which has not in any way affected integrity of examination.

WHETHER IT WAS NECESSARY TO OBTAIN ACADEMIC COUNCIL’s RECOMMENDATION BEFORE ISSUING NOTIFICATION DATED 03.09.2020?

There can be no dispute that Executive Council is the Chief Executive Body of NLSIU and the administration, management and control of NLSIU is vested in the Executive Council and in the administration, right to admit the students is included but when the Act, 1986 empower the Academic Council to take decision regarding admission of the students in LL.B. Course and with regard to mode and manner of conducting the admission test, it was obligatory for the Vice-Chancellor to have obtained the recommendations of the Academic Council.

When the Academic Council has been given power of control, general regulations and is responsible for maintenance of standards of instruction, education and examination of the school, its one of the functions, undoubtedly is to regulate the admission of students.

“The Vice-Chancellor himself is the Chairman of the Academic Council and there was no difficulty and with regard to meetings of the Academic Council Clause 15 sub-clause (6) provides that if urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council is empowered to permit the business to be transacted by circulation of papers to the members of the Academic Council.”

The Court, hence, held that the recommendation of Academic Council was necessary to be obtained for holding a separate entry test namely NLAT especially when NLSIU was proposing to hold the above test instead of admitting the students by CLAT from which common law admission test, admission in LL.B. course was being done for last more than a decade. When NLSIU wanted to conduct NLAT as online home proctored test of 45 minutes containing 40 questions which mode and manner was different from earlier prescriptions, the recommendations of Academic Council were must.

Hence, the admission notification dated 03.09.2020 having been issued without recommendation of Academic Council is not in accordance with the provisions of Act, 1986 and is unsustainable.

WHETHER NLSIU BEING FOUNDER MEMBER OF CONSORTIUM OF NATIONAL LAW UNIVERSITIES, IS BOUND BY ITS BYE-LAWS AND WAS OBLIGED TO ADMIT THE STUDENTS FOR INTEGRATED B.A.LL.B. (HONS.) PROGRAMME THROUGH CLAT 2020?

National Law School of India University, Bangaluru from the beginning shouldered the leading role in conduct of CLAT. Different National Law Universities have been established by different statues and have statutory functions and obligations to achieve a common purpose and to give a boost to legal education in the country. They have themselves imposed obligations on them to be a part of the Consortium for a common cause. CLAT being an All India Examination for different National Law Universities has achieved its own importance and prominence in legal education. The steps taken by National Law Universities to form a Consortium and to cooperate with each other in conduct of CLAT is towards discharge of their public duty entrusted under the different statutes. The duty to uphold its integrity lies on the shoulder of each and every member.

Thousands of the students who aspire to have a career in law look forward to the CLAT as a prestigious test and CLAT has proved its usefulness and utility in this country. Students look forward to the Consortium for providing correct and fair assessment of the merits of the students. The bye-laws under which members are required to admit the students in their law universities on the basis of the CLAT for UG and PG law courses are binding on the members.

Even though obligations on members of Consortium under the Bye-Laws are not statutory obligations but those obligations are binding on the members. All members occupying significant and important status have to conduct in fair and reasonable manner to fulfill the aspirations of thousands of students who look on these National Law Universities as institutions of higher learning, personality and career builders.

“… the statutes under which National Law Universities have been established cast public duties on these NLUs to function in a fair, reasonable and transparent manner. These institutions of higher learning are looked by society and students with respect and great Trust. All NLUs have to conduct themselves in a manner which fulfills the cause of education and maintain the trust reposed on them.”

WHETHER “DOCTRINE OF NECESSITY” WAS APPLICABLE IN THE FACT SITUATION OF THE ONGOING PANDEMIC?

NLSIU follows a unique system of Trimester, each semester has 70 teaching days per three months term. The first Trimester as per resolution of academic council was to begin on 01.07.2020 and was to end till 30th September,2020. This period of three months is not available for NLSIU to start the first semester.

The Court, however, noticed that

“The entire country is struggling with Pandemic Covid-19 from March 2020. Loss in the academic year is for all Universities in the Country. The Academic Calendar of each University stood disrupted by Covid-19. None of the Universities have declared the year as a ‘zero year’.”

Not convinced with the submission that “Doctrine of Necessity” was applicable in the fact situation of the ongoing pandemic, the bench noticed that as provided by UGC guidelines dated 06.07.2020, the UGC expected the Universities to carry on some amendments in their academic calendar for the session 2020-21.

“The Universities are not powerless to modify their Academic Calendar looking to the pandemic. The Academic year 2020-21 is not a normal academic year in which Universities are expected to carry on their teaching and other activities in normal mode and manner.”

Hence, NLSIU could have very well found out ways and means to start the academic Under-Graduate Law course even if it starts in mid of October 2020 after conduct of the CLAT on 28.09.2020.

WHETHER ONLINE HOME PROCTORED EXAMINATION LACKS TRANSPARENCY AND IS VIOLATIVE OF THE RIGHTS OF THE STUDENTS UNDER ARTICLE 14 OF THE CONSTITUTION?

The Court took note of the fact that about 69,000 students have registered for CLAT-2020. 60 percent of 69,000 comes to 41,400. The registration into NLAT being only 24,603 out of which only 23,225 could appear makes it clear that a large number of students who could have wanted to apply for admission in NLSIU could not even apply due to shortage of time and technical requirement insisted by respondent No.1 University.

“The above figures fully support the submissions of the petitioner that a large section of the students especially belonging to marginalised sections of the society were denied the opportunity to appear in the examination.”

The Court, hence, held that the home based online examination as proposed by NLSIU for NLAT 2020-21 could not be held to be a test which was able to maintain transparency and integrity of the examination. The short notice and technological requirements insisted by the University deprived a large number of students to participate in the test violating their rights under Article 14 of the Constitution of India.

WHETHER NLAT HELD ON 12.09.2020 WITH RE-TEST ON 14.09.2020 WAS MARRED BY MALPRACTICES AND DESERVES TO BE SET ASIDE?

Refusing to go into this question, the Court said that it is not necessary for this court to enter into various materials referred to by the petitioners and the reports and to decide as to whether malpractices were actually adopted in the examination or not. NLSIU being premier University, we have no doubt that it must have taken all necessary precautions to avoid any malpractices and cheating in the examination.

The Court also noticed that the University has also filed a complaint of Cyber Crime which may be inquired in accordance with law. It, hence, said

“We need not express any opinion in this proceeding under Article 32 with regard to the aspect of malpractices in the test conducted on 12.09.2020 and 14.09.2020 which is essentially a matter of scrutiny of facts and evidence.”

DIRECTIONS

  1. The notice for admission to the five year integrated B.A.LL.B(Hons.) programme 2020-21 dated 03.09.2020 Annexure -P 14 as well as Press Release 106 on NLSIU admission 2020-21 dated 04.09.2020 Annexure-P 15 are quashed.
  2. CLAT-2020 examination to be conducted on 28.09.2020 taking all precautions and care for health of the students after following the Standard Operating Procedures (SOPs) of the Ministry of Health and Family Welfare (MoHFW) and Ministry of Human Resource Development(MHRD).
  3. Entire process of declaration of the result to be completed as early as possible to enable the NLSIU and other National Law Universities to start their course by the mid of October-2020.
  4. NLSIU shall also complete the admission of B.A.LL.B(Hons.) programme 2020-21 on the basis of the result of CLAT-2020.

[Rakesh Kumar Agarwalla v. National Law School of India University, Bengaluru, 2020 SCC OnLine SC 761, decided on 21.09.2020]

Law School NewsOthers

NLSIU has released a notification stating that there have been unfounded allegations with respect to the NLAT paper leak. As per the official release, students who faced technical difficulties were given an additional slot on monday. A legal news website claimed that they got their hands on the copy of the exam questions while the exam was still going on.

NLSIU has replied that it does appear that some questions were copied and circulated on emails and messaging apps after logging in. Although this is a malpractice under proctoring rules but this does not affect the integrity of the exam as all questions were available to candidates after login. As the technology platform tracks and compares every student’s answer behaviour patterns therefore any unusual behaviour will result in identification and disqualification. NLSIU has reassured candidates and their parents that they will be transparent and ensure exam integrity at all times.

The circular can be read here.[1]

[1] https://www.nls.ac.in/wp-content/uploads/2020/09/PRESS-RELEASE-3.pdf

*Nilufer Bhateja, Editorial Assistant has put this story together

Case BriefsSupreme Court

Supreme Court: The bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has refused to stay the conduct of NLAT by NLSIU Bengaluru which is scheduled to be held today but has directed that “neither the result shall be declared nor any admission be made consequent thereto.”

The conduct of NLAT for admission to the Five-Years Integrated B.A., LL.B (Hons.) Programme, 2020-21 has been challenged on the ground that Common Law Admission Test (CLAT) has already been notified and has been postponed to 28th September, 2020. Senior Advocate Nidhesh Gupta, appearing for the petitioner, submitted that since NLSIU is also part of it, no separate admission test by National Law School of India University, Bengaluru could have been held which has been notified to be held.

Senior Advocate Arvind P. Datar, appearing on behalf of NLSIU submitted that examination is scheduled for 12.09.2020 and all preparations have been made for conducting the admission test.

Looking to the importance of the issues raised in this petition, the Court permitted the respondents to file their reply to the writ petition. Listing the matter for further hearing on 16.09.2020, the Court directed.

“examination for admission in pursuance of Notification dated 04.09.2020 may take place but neither the result shall be declared nor any admission be made consequent thereto. We make it clear that conducting of examination shall be subject to the outcome of the writ petition.”

In the notification dated 04.09.2020, NLSIU had stated that the decision was taken due to the unforeseen difficulties and delays in the conduct of CLAT 2020. As NLSIU follows a trimester system it was uniquely disadvantaged as every academic year is made up of three terms of 90 days duration. Moreover, each term must accommodate 60 hours of classroom instruction in each course and adequately provide for examination and evaluation processes. If it were unable to complete admissions by the end of September 2020 it would inevitably result in a ‘Zero Year’ with no admission. Read more

[Rakesh Kumar Agarwalla v. National Law School of India University, Bengaluru, 2020 SCC OnLine SC 734, order dated 11.09.2020]

Law School NewsOthers

Timings for NLAT Undergraduate Exam Announced

The NLSIU authorities have announced that the NLAT will be conducted in three batches on September 12. Candidates will be informed about their batch 24 hours in advance of the exam. The timings of the three batches are given below:

Batch 1:

Reporting time: 12:00 pm

Exam Start time: 12:30 pm

Batch 2:

Reporting time: 1.45 pm

Exam Start time: 2.15 pm

Batch 3:

Reporting time: 3:30 pm

Exam Start time: 4:00 pm

15 minutes extra will be given to PWD Candidates as per notification released earlier

Simulation Test Details Notified

NLSIU has informed that candidates may receive a different batch time for the Simulation Test which is to be held on September 11th than for the actual NLAT examination. This is a measure to prevent malpractice. Candidates are requested to check the batch timings for the Simulation Test and for the actual NLAT examination carefully.[1]

List of Test Centres Increased

List of test centres has increased from 14 to 35, this has been notified in the FAQ section of the NLS website under the heading ‘test centres’[2]

[1] https://twitter.com/NLSIUofficial/status/1304084034625044480 

[2] https://www.nls.ac.in/admissions/nlat-2020-faqs/

Also read

NLAT to be conducted in three sessions

Facing backlash on social media, NLSIU is devising ways to make NLAT 2020 more accessible for candidates

NLSIU all set to conduct separate entrance test for the academic year 2020-21, CLAT scores not to be considered 

Technical requirements for NLSIU’s NLAT exam to be held on 12th September

NLAT| Latest Press Releases by NLSIU, including instructions for PWD candidates [Key Highlights]

Hot Off The PressLaw School NewsNewsOthers

The NLAT will be conducted in three sessions. This was updated in the  FAQ section of the official website .

The new insertion states that:

“UG NLAT 2020 will be conducted in three sessions in line with other large examinations. It is possible that in spite of all efforts to maintain equivalence among various question papers, the difficulty level of the question papers administered in different sessions may not exactly be the same.”

To resolve this issue, NLAT has come up with the following solution

“To overcome this, a Normalization procedure will be used to compile law scores across batches and ensure a level playing field where candidates are neither benefited nor disadvantaged due to the difficulty level of the exam.”

NLAT is yet to notify the timings of the UG exam.

NLAT has notified the protocol for monitoring the exam, NLAT is a home based test except for students who opt to take it at a centre. The notification states the following

  1. The proctor will verify the identity of candidates by checking government IDs. In case of PWD candidates both candidate’s and scribe’s identity will be verified. In case of impersonation, the proctor will not allow the impersonator to start the exam.
  2. In case the candidate is in inappropriate surroundings or seems to be getting external help  Proctors will send this type of messages to such candidates:

a. “Please sweep the camera in a circle around the place you are taking the assessment” and / or: “Please tilt the device/ keyboard you are using for the assessment”.

b. Candidates to show a 360-degree view of the entire room by turning on a webcam (laptops/desktops) or front/ selfie camera (as directed by proctor) (mobile devices)/ tilt the device/ keyboard, as instructed.

If any unauthorized person is found then proctor can terminate the exam immediately. Candidates will get 45 seconds to reply to proctor’s instructions, failing which the exam will be terminated. Additional 10 seconds can be granted at proctor’s discretion.

  1. Candidates will be logged out of exam after 5 attempts of trying to switch window ie. trying to access any other window except the test window.
  2. If the candidate’s face cannot be detected, then a warning will be sent and if the candidate does not reappear within 45 seconds then his exam will be terminated. If the candidate is talking or making gestures, then also warning will be given and exam terminated if the student does not comply.
  3. If any other person or device is detected in vicinity then a warning will be sent and if the person does not leave immediately or that device is removed  then the exam will be terminated.
  4. If the candidate is seen wearing headphones, earphones or bluetooth devices then a warning will be sent and the exam terminated if the candidate does not comply. These devices can be plugged in for microphone purposes but the candidate should not be wearing them
  5. If there are simultaneous login attempts from various devices

a. Proctor will observe picture of candidates from all devices

b. If observed that someone other than the candidate is logging in then the exam will be terminated immediately.

c. If the same person is observed in all devices, the proctor will notify the super proctor who will seek clarification and disqualify upon his discretion.

In case of situations such as internet failure/ power failure, the assessment system may permit the candidate to continue answering the question paper in events of internet failure; however, this is subject to the Proctor’s discretion, and subject to the candidate’s system re-connecting to the examination interface within the time and in the manner stipulated in the on-screen instructions and the Candidate Manual which will be provided to candidates in advance of the exam

The entire notification can be read here.

Also read

Facing backlash on social media, NLSIU is devising ways to make NLAT 2020 more accessible for candidates

NLSIU all set to conduct separate entrance test for the academic year 2020-21, CLAT scores not to be considered 

Technical requirements for NLSIU’s NLAT exam to be held on 12th September

NLAT| Latest Press Releases by NLSIU, including instructions for PWD candidates [Key Highlights]

Hot Off The PressLaw School NewsNewsOthers

There have been many press releases by NLAT authorities over the past few days. For your convenience we have summarized the main points below:

Press Release Dated 4th September

● Preparations for CLAT 2020 started in November 2019. Consortium being based out of NLSIU, CLAT Secretariat and NLSIU played a key role in conceptualizing the new exam pattern. The team played a key role in developing sample questions and study modules. NLSIU provided extensive technological, logistical and administrative support and will continue to do so for smooth functioning of CLAT.
● CLAT was repeatedly postponed five times because of the COVID pandemic. The last date finalised for CLAT was 28th September which was too late for NLSIU as it follows a trimester system. If they could not finalise the admissions by the end of September it would result in a Zero year.
● To avoid a zero year, NLSIU came up with NLAT, a home based computer test, capped at a nominal fee of Rs 150/-, and testing on the same subjects as CLAT. To ensure integrity of NLAT, a combination of technological, artificial intelligence proctoring and human proctoring would be put in use. NLSIU is committed to holding a fair, accessible and safe admission process.

Read the full Press Release here

Press Release Dated 6th September

● NLSIU had on several occasions provided options for conduct of CLAT 2020 to the Consortium. The options were (1) Carving out exceptions to NLUs to conduct their own entrance test (2) allowing CLAT to be conducted in 2 or more series (3) Allowing for individual NLUs to conduct an examination, permitting CLAT-enrolled candidates to appear for a separate examination without any registration. Consortium rejected these options. The decision to postpone CLAT from 7th to 28th September, was not taken unanimously, therefore NLSIU had no option but to introduce NLAT to avoid a Zero Year.
● On 4th September, the consortium requested NLSIU to reconsider its decision stating that is violative of Clause 15.3.3 of the Consortium Bye-Laws and if NLSIU were to stick to its decision, it would be removed from the Consortium. NLSIU responded stating that under MOA and bye-laws the General Body had no legal authority to remove NLSIU from the Consortium. On 5th September, the Consortium held a meeting that the Vice Chancellor of NLSIU was in derogation of the Bye-Laws and the Objectives of the Consortium. This press release has not yet been formally received by NLSIU.
● The faculty and executive committee of NLSIU unanimously resolved and authorized the University, and the Vice Chancellor to conduct the NLAT due to the repeated postponement of CLAT. NLSIU affirms that the University, and its Vice Chancellor, have not violated the Consortium Bye-Laws. They have not acted in any manner that gives rise to any potential for a conflict of interest and therefore claims made by the Consortium in its Press Release dated 6th September have no legal basis. However, given the statements of the Consortium in its Press Release, NLSIU, and its Vice Chancellor, have no alternative but to completely disassociate from CLAT 2020.
● NLSIU confirms that it is fully committed to delivering NLAT 2020 on time and in a student friendly manner.

Read the full Press Release here

Instructions for persons with disabilities appearing for NLAT

NLSIU has released certain instructions for people with disabilities who wish to appear for the NLAT exam.

● PWD candidates with visual impairment, cerebral palsy and locomotor disability (Both Arms affected) are entitled to avail services of a scribe.
● PWD candidates with other types of benchmark disabilities are also eligible for a scribe provided they submit requisite medical certificates as instructed under Appendix 1
● Candidates will have to choose their own scribe who should be at least Class 10th pass and his maximum educational qualification should not exceed the candidate’s own qualifications. Candidates should submit a Letter of Intent as instructed under Appendix 2.
● All candidates must fill in the necessary fields in the ‘Reservations Tab’ of their Application Form and upload it into Admissions Portal.
● All PWD candidates with benchmark disabilities shall be provided additional time of 15 minutes to complete the NLAT. This includes PWD candidates who avail the services of a scribe.

Also read

NLSIU all set to conduct separate entrance test for the academic year 2020-21, CLAT scores not to be considered 

Technical requirements for NLSIU’s NLAT exam to be held on 12th September

Hot Off The PressLaw School NewsNewsOthers

The Consortium of National Law Universities met on September 5th under the chairmanship of President V. Vijayakumar, Hon’ble Vice-Chancellor of NLIU, Bhopal and took the following decisions:

  1. The seat of the CLAT Consortium has been shifted from NLSIU, Bangalore to NALSAR, Hyderabad in wake of NLSIU’s decision to conduct its own entrance this year.
  2. CLAT exam to be held on 28th September, 2020. Except NLSIU, Bangalore, no other Law University  to hold its test independently as was erroneously reported in the media.
  3. NLSIU Vice-Chancellor Prof Sudhir Krishnaswami has been divested of the post of Secretary-Treasurer  of the Consortium , in the light of the clear conflict of interest between the functions of the Consortium and his decision to hold an independent test for NLSIU. In his place Professor K. D. Rao, last year’s CLAT convener and Hon’ble Vice-Chancellor, NLU, Odisha, shall discharge the financial functions of the Treasurer of the CLAT Consortium.
  4.  Professor Faizan Mustafa, the Senior-most member of the Consortium and Past President shall  discharge all the administrative and secretarial functions of the Consortium. He shall also take over the control of the official website.
  5. The consortium unanimously resolved that Professor Sudhir Krishnaswami’s decision to go ahead with a unilateral test was in derogation of the Bye-laws and the Objectives of the Consortium.

Read the Press Release here

Also read

NLSIU all set to conduct separate entrance test for the academic year 2020-21, CLAT scores not to be considered 

Technical requirements for NLSIU’s NLAT exam to be held on 12th September

Law School NewsOthers

The Legal Services Clinic of the National Law School of India University is a student-run committee that seeks to increase access to the law through legal literacy programmes and free legal aid. In an effort to connect law students and legal aid clinics across the state we are organizing the first “Round Table Conference on Student-run Legal Aid” to create a legal aid network in Karnataka.

We invite you to join us in this conference where we shall be releasing our booklet “Frequently Asked Questions on the Law” in both Kannada and English. It serves as an easy-to-access handbook which addresses major legal questions and suggests ways in which ordinary citizens can use the law to secure their rights. The book both in Kannada and English will be distributed throughout the Karnataka State in collaboration with the Karnataka State legal Services Authority (KSLSA).

In addition to the book release, the conference also has a round-table discussion with members of other student-run legal aid committees scheduled. This seeks to be a platform for the crucial and much-needed discussion on how student-run legal aid clinics can be made functional and effective in law universities. We hope the discussion will be a successful first step in establishing a network for students of law across Bangalore city to help coordinate, collaborate, improve upon and make efforts at increasing access to legal aid more effective. This is our first step towards working on building a sustainable and efficient collaborative network amongst committees, which we hope to soon take to a pan-Indian level.

Hon’ble Mr. Justice Ashok Golappa Nijagannavar has generously agreed to provide us guidance and advice as the Keynote Speaker for the event. Furthermore, Sri. Hanchate Sanjeevakumar, Member Secretary, KSLSA has promised to share his time, thoughts and experiences with us as the Guest of Honor at the Conference. We expect eminent members of the bar, bench and student community to be present at the event.

Venue

Allen and Overy Hall, National Law School of Indian University, Nagarbhavi – 560072, Bangalore
Date: 22.01.2019
Time: 6:00 pm

Registration Fee and Procedure
No registration fee. However, on site contribution is much appreciated.

Contact Details

For further details or clarifications,

The Legal Services Clinic: lsc@nls.ac.in, lsc.nlsiu@gmail.com

Visit our website at legalservicesclinic.org

Avinash V. Rao, Convenor: +91-9113814098

Mrinali Komandur, Joint-convenor: +91-9663385836

For more details, refer

Agenda – Legal Services Clinic

Concept Note – Legal Services Clinic

Case Briefs

The students of NLSIU as a part of the Legal Services Clinic performed LLPs at three different location which included two villages and one school on November 28, 2018.

YAMPAD

In the first village named ‘Yampad’, the students performed three short plays which revolved around domestic violence, child marriage and the right to education, as there were a majority of women and children in the audience. After the same, there was a Q&A session and the villagers spoke about the problems that they had. Primarily, it was lack of water and data verification for Aadhaar. One of the court lawyers talked to them about how if the executive was not able to provide proper water and fulfil even the most basic of the requirements, the village could file a PIL and get a court order mandating that this be done. LSC also gave its contact details to the villagers and asked them to contact the clinic if they needed help filing a PIL or even an RTI regarding the Aadhaar problem.

LSC Members and District Court Judges at Yampad

GAJARKOT

The second village, ‘Gajarkot’, had a lot of women and men, but not as many children as the previous village. This also had a significant number of senior citizens. Considering these factors, the students performed 5 plays relating to domestic violence, child marriage, right to education, rights of senior citizens and arrests of women. This seemed to be a huge hit with the senior citizens as most of them were quite surprised to learn that they had all these rights and
could approach the court for relief if they were being ill-treated by their sons or daughters.

CHICKPET

The third LLP was performed in a school in a village called ‘Chickpet’. This school primarily had children attending the LLP, so the plays performed revolved around child marriage, consumer protection, right to equality along with domestic violence and arrest of women.

School Students, Teachers and Residents of Chickpet Watching the LLP

In all three villages, most of the residents were able to point out the problems, but none of them knew the legal solutions to it. This was where the explanations made a huge difference and helped to spread legal awareness. The plays and the explanations were carried out in Kannada for easier comprehension and relatability. The plays performed in all the places were accompanied by talks given by the judge, the court officers and the lawyers. They spoke about how changes can be brought about in those villages legally and also enquired about their problems in general to see if the courts there could be of some help to these villagers.

LSC Members at the Yadgir District Prison with an Official

CONCLUSION AND FINDINGS

The crowd at each village asked insightful questions and showed general awareness about their rights. They also asked the judges about the lack of proper infrastructure and adequate water and basic facilities which to which the judges responded with reasoned answers and promises. The Prison Visit showed that many inmates were unaware of legal aid and their eligibility to the same. Most undertrial prisoners had hired private counsel. This could be a result of either lack of awareness on legal aid or lack of facilities or general mistrust towards free counsel.
Some had been awaiting trial for almost seven years. This was reported to the judge at Yardgir District Court, who assured the students that the case was scheduled to be taken up within a month.
As regards the Shelter Home Visit, it was observed that boys were sent to the observation and shelter home at Gulbaraga, which was described to be crowded and with bad living conditions. Apprehension of children in the observation home in Bangalore of being moved to the Yadgir observation home, could, in fact, have been with reference to the home in Gulbarga and not Yadgir. In comparison with LSC’s previous visit to the observation home in Bangalore, the starkest difference is that the girls in the Yadgir observation home seemed to be happier and
more comfortable. In interactions with the children, the general sense the students got was that the children get along with each other and the staff, and seem untroubled in the shelter home. When asked, they did not express any dissatisfaction with the home’s arrangements. The CWC members at Yadgir raised issues about the paucity of sessions, the lack of infrastructure and the poor remuneration among others. Six sessions are insufficient to handle
the heavy load of cases that come to them and they request that they be allowed to conduct more sessions. At the same time, they are paid very meagrely, as their remuneration has been reduced to Rs. 1000. Lastly, the centre did not have a counsellor, the computers were not functioning and technical member is not present. Although new infrastructure has been sanctioned and orders have been placed, there is scope for improving the services provided.
However, the challenges that come from being a new district with little access as compared to a city like Bangalore make it difficult for them to function to their full capacity.

Overall, the visit was very fruitful and the students hope that they can visit another time to see if the recommendations they made for the Shelter Home and Prison have been implemented.

Conference/Seminars/LecturesLaw School News

The Student Initiative for Promotion of Legal Awareness (SIPLA) of the National Law School of India University, Bangalore hosted Mr. Shyam Saran at NLSIU for a guest lecture on January 11, 2019.

Mr. Saran was the 26th Foreign Secretary to the Government of India. He has served as the Prime Minister’s Special Envoy for Nuclear Affairs and Climate Change, Chairman of the National Security Advisory Board, and the Chairman of the Research and Information System for Developing Countries. He is currently a member of the Governing Board of Center for Policy Research, Life Trustee of the India International Centre, a trustee of the World Wildlife Fund (India), a Member of the National Executive of FICCI, and an Independent Director at the Press Trust of India. Prior to his appointment as the Foreign Secretary he served as India’s H.E. Ambassador to Myanmar, Indonesia and Nepal and as High Commissioner to Mauritius.

In January 2011, Shyam Saran was awarded the Padma Bhushan, India’s third highest civilian honour, for his contributions to civil service. He writes and speaks regularly on foreign policy, climate change, energy security, and national and international security related issues.

Interacting with Mr. Saran will gave the students a unique opportunity to discover the challenges as a diplomat, being the Chairman of NSA and Foreign Secretary. It was also useful for those who hope to pursue this exciting career in future.

Call For PapersConference/Seminars/LecturesLaw School News

Call for papers for “New Directions, New Voices in Family Law in India”, a conference organised by NLSIU, Oxford University and Melbourne Law School on  5-6 July 2019, Bangalore, India.

A great deal of anticipation and anxiety surrounds family law in India in the present moment. For example, the recent Supreme Court of India decision in Navtej Singh Johar v. Union of India, (2018) 10 SCC 1, concerning Section 377, created the hopeful possibility of wide-ranging changes in Indian family law responsive to LGBT lives. This same opinion has also instigated worries about what sort of anti-LGBT arguments will be disseminated in response to these possibilities. Similarly, the discussion surrounding the Supreme Court’s recent decision in Shayara Bano v. Union of India, (2017) 9 SCC 1, concerning triple talaq, signalled the Court’s commitment to enforcing constitutional guarantees about equal citizenship for women, while also suggesting that society-at-large remains uncomfortable with divorce in general.
The conference “New Directions, New Voices in Family Law in India” aims to explore emerging dimensions and tensions in discussions surrounding family law in India. While there is a great deal of continuity between historic and contemporary issues in family law in India, one significant goal of this conference is to explore and discuss newer family law developments, as well as neglected aspects of older (and continuing) family law issues. Another important goal of this conference is to encourage newer voices in the family law discussion—voices who can bring to the forefront neglected issues in and perspectives on family law issues in India, whether contemporary or historical.
For more information on the same, kindly click on this link.
Call For PapersLaw School News

The Chair on Consumer Law and Practice is dedicated to provide a forum for engaging in discussions on varied issues of National and International issues on Consumer Protection Laws and henceforth, publishes an annual peer reviewed journal under its banner.

Contributions have been invited for International Journal on Consumer Law and Practice (Volume 7)  from academicians, practitioners, students of law and allied fields in the form of Article, Research Paper, Essay, Note, Case Comment, Legislative Briefs and Book Review.

Submission deadline for this edition is March 31, 2019.

For Submission Guidelines, Click HERE

For more details, click HERE
Click here to check the Subscription Page.

Submission Guidelines:

The journal welcomes contributions from academicians, practitioners, students of law and allied fields.

Theme: Consumer Protection Laws

Sub Themes:

  • International Consumer Protection Framework & Policy
  • Empowering Consumers
  • Consumer Welfare Legislations
  • New Age Contemporary Issues & Challenges
  • Enforcement of Regulatory Authorities
  • Consumers in Digital Era.
  • Consumer Protection and Mediation.

IJCLP solicits submissions for its Volume VII to be launched in 2019. Authors can make submissions under the following heads:

  • Articles and Research Papers (6,000-8,000 words inclusive of foot notes)
  • Essay(3,000-4,000 words inclusive of foot notes)
  • A Note (2,500 words inclusive of foot notes).
  • A Case Comment, Legislative Briefs (2,500-3,000 words inclusive of foot notes)
  • A Book Review ( 2,000 words inclusive of foot notes)

Send the manuscripts on consumerlaw@nls.ac.in (MS word format) with the subject as “Submissions for IJCLP 2019” along with covering letter on or before 31st March 2019.

Law School NewsOthers

National Law School of India University, Bangalore is organising a course on ‘Board Dynamics’ on December 14 – 15, 2018. The course will primarily be focusing on the application of corporate governance, corporate social responsibility, and corporate social responsibility practices in the functioning of an effective board.
Interested participants could register in the manner as provided in their official notification on the National Law School website or by clicking HERE .