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The Bar Council of India (BCI) has moved to the High Court of Karnataka seeking to declare the National Law School of India (Amendment) Act, 2020, as ultra vires to the Constitution of India. The said Amendment permits 25 percent horizontal domicile reservation for students of Karnataka.
In the petition, the BCI claims that the enactment of the amendment act by the State, providing horizontal reservation across General, Scheduled castes and Scheduled Tribe categories have been done without its prior consultation. Relying on this amendment, the National Law School of India University (NLSIU) had issued a revised notification of seat matrix whereby 25 percent horizontal reservation for the students of Karnataka and 5 percent concession on the general merit cut off score has been provided.
That the amendment had a nullifying effect on an earlier judgment of the Karnataka High Court in the case of Lokasha vs. Convener, Common Law Admission Test (CLAT-2009) was also stated in the petition.
The Nation Law School of India (Amendment) Act,2020, was passed by the Karnataka State Assembly in March which received the assent of the Governor of Karnataka on May 4th. The Amendment inserted the following in Section 4 of the National Law School of India Act,
“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.”
The explanation part of this section provides that the “students of Karnataka” includes within its meaning any student who has studied in any of the recognized educational institution of the state for a minimum of 10 years before the qualifying examination.
It was also pleaded in the petition that the notification issued by NLSIU on the 4th of August, stating the revised seat matrix for BA LL.B (Hons) and LLM Programmes be set aside.
More two petitions raising the same challenge will be heard by a bench headed by Justice Krishna Dixit on August 13.
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