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Bar and Bench Profile picture
@barandbench
Sep 29, 2020 • 19 tweets • 5 min read • Read on X
A Karnataka HC Division Bench comprising of Justices BV Nagarathna and Ravi Hosmani will pass order in a batch of pleas challenging the 25% domicile reservation at NLSIU.
The judgment will be pronounced by the Bench at 4:30 pm.

@NLSIUofficial
@barcouncilindia

#nlsiu
#reservation
On Sept 1 - All parties completed arguments and the Court reserved its order.

On Sept 8 - Court stayed the National Law School of India University (NLSIU) Amendment Act, 2020, by which 25% domicile reservation was introduced.

@NLSIUofficial
@barcouncilindia
The Bench assembles.

@NLSIUofficial
@barcouncilindia
Bench: State does not have the power to enact the 25% Reservation for Domicile Students in NLSIU.

NLSIU Amendment Act is ultra vires and contrary to the provisions of the parent Act, NLSIU Act.

This is the first part.
Bench: NLS is not on par with the other Law Schools because of its curriculum, reservation policy, control of BCI, trimester system etc
Karnataka students' aspirations cannot be said to be in Karnataka alone especially with LPG. (liberalisation, Privatization and Globalization)

Regional Backwardness would not apply here.
Bench: Let executive council make a reservation policy for women or for weaker sections of the society. That would be a challenge for the students. This is not on record.
Breaking: NLSIU Amendment Act is struck down, does not meet twin test of Article 14.
Bench: No scientific study conducted for the object sought. New reservation policy is contrary to the purpose of the Law School
Ultimately no purpose is served. The twin test of reservation in Article 14 is not met.
Bench: 5% concession to be given to Karnataka Students (under 25% domicile reservation) is tampering with the Merit List, not permissible under Article 14.
Bench refers to a judgement and says - Rule of the game cannot be changed after the game has begun.
Bench: We have not interefered with 120 seats. Everything else is interfered with.
We are not done. First have patience, says the Bench.
On reservation of women, Petitioner Adv CK Nandakumar says that women have been performing exceedingly well. Recently, a student got 18 medals.

Bench: Yes, I read about her, Yamuna.
Bench: When is the result of CLAT coming?

Response: October 5.

Bench: We are well within the timeline.
Breaking: Karnataka High Court quashes 25% domicile reservation at NLSIU Bangalore [Read full story] #nlsiu @NLSIUofficial

bit.ly/3cH2v5e
NLS has to comply with the timeline for admission of CLAT students, Bench.

Bench rises.
Breaking: Karnataka HC quashes 25% domicile reservation at NLSIU Bangalore
@NLSIUofficial @SBAnlsiu #NLSIU
barandbench.com/news/litigatio…

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More from @barandbench

Bar and Bench Profile picture
Dec 17
Delhi High Court to hear today a PIL seeking an inquiry against the DGCA for the Indigo fiasco and fourfold compensation to passengers who were left stranded at airports due to the cancellation of flights.

#IndiGoCrisis @IndiGo6E Image
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela to hear the case.

Read details of the PIL here:
barandbench.com/news/pil-befor…
Matter taken up.

J Gedela: We are already engaged in this issue. Why should we entertain another petition?
Read 34 tweets
Bar and Bench Profile picture
Dec 16
Supreme Court hears the case where it had examined growing pendency of gangster-related trials in Delhi and considered whether dedicated special courts are needed to ensure their timely completion

CJI Surya Kant: Suppose UAPA and NIA.. there can be one special court. These courts should be like emergency ward in a hospital. Suppose there is NIA trial then only that case goes on. When no Nia Or UAPA then ordinary civil and criminal cases can go on there.Image
ASG Aishwarya Bhati: In our status report we have furnished minutes of meeting approved by the Home secretary.

CJI: we do not appreciate the home secretary asking states to take it up with the High courts
ASG: we have identified states where there are 10 Nia trials. lot of PFI trials in Kerala. In Bihar as well. Our letters and draft norms are also attached. We can file an action taken report as well..
Read 5 tweets
Bar and Bench Profile picture
Dec 11
[Prajwal Revanna Vs State of Karnataka]

Sr Adv Siddharth Dave: Please see the observations made by the HC judge

CJI Surya Kant on alleging bias against Judges: There are hypothetical situations in court. We make observations. But I am not someone who will take browbeating. Not so easy with me. As soon as the judge makes an observation there are allegations made against him.#SupremeCourtImage
CJI Surya Kant: Sometimes we make errors but we rectify it. I just did it. We deal with such large volume of cases and evidence.

Sr Adv Sidharth Luthra: Please see what the trial court observed that the accused was taken aback by framing of charge. The court has proceeded...

Sr Adv Dave: the judge holds that I should be proceeded against misconduct.

CJI: court was correct because counsels were being changed so often.
CJI: we will help you rebuild trust and faith in the system.

[Order]

CJI: Instant appeal is against September 2025 order passed by Karnataka HC declining petitioner prayer for transfer of trial pending before the learned presiding judge of 81st city civil (MP MLA court). Prayer was to transfer case to to any other MP MLA court.
Read 5 tweets
Bar and Bench Profile picture
Dec 11
Supreme Court hears a euthanasia application by the parents of a child:

Court: this is very very unfortunate. The boy seems to be in a pathetic condition. The bedsores are extremely painful. And when a patient in vegetative state suffers from bedsores means he’s not been looked after well. His hygiene is poor. Bedsores are the end of everything. Now we have waterbeds etc to prevent formation of bedsores. They are extremely painful. Doctors have said in so many words that there is no question of recovery. So he is to remain like this till he is destined to leave.Image
Court: how do we now move to the next stage?

Counsel: as per the judgement in common cause the next step to be followed by the reference of a secondary board formed by the CMO. But in this case the primary board already had 5 experts constituted by the CMO so it does not require the secondary board reference. The next step is to admit him to a neuro palliative facility where life support will be withdrawn.
Court: to pass over the secondary board reference they (members of the primary board) will need to have people with 5 years experience.

Counsel: yes. Your lordships can even have a committee of experts as per the judgement.
Read 5 tweets
Bar and Bench Profile picture
Dec 9
Supreme Court resumes hearing the challenge to the Special Intensive Revision as conducted by the election commission of India in Bihar

Sr Adv Shadan Farasat begins Image
Farasat: Your Lordships in multiple judgments have said that Articles 324 to 329 constitute one scheme. Your Lordships will recall that the Representation of the People Acts of 1950 and 1951 were passed by the Constituent Assembly sitting as the Provisional Parliament.

Recall that the 1950 and 1951 Acts were enacted by the provisional Parliament. The first general election in India took place from October 1951 to February 1952 after these Acts were enacted. Although the composition was the same as the Constituent Assembly, my submission is that Articles 324 to 329 read with the 1950 and 1951 Acts form one constitutional code.

This code gives a very clear indication of the powers of the Election Commission.
Farasat: The question I am addressing is the scope and power of the Election Commission regarding the determination of citizenship while preparing electoral rolls. Do they have a role. What is the extent of that role. Because my respectful submission is on this issue.

Please have Article 324. Article 324 contains the general power of superintendence.

Next, Article 325:

“There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.”

This is a non discrimination provision. Article 325 mirrors the language of Article 15. The same grounds. Religion, race, caste, sex.

.
Read 29 tweets
Bar and Bench Profile picture
Dec 9
Supreme Court to resume hearing today pleas by Umar Khalid, Sharjeel Imam, and other accused seeking bail in the 2020 Delhi riots conspiracy case.

Bench: Justices Aravind Kumar and NV Anjaria

#UmarKhalid #SupremeCourtofIndia Image
Sr. Adv. Siddhartha Dave appearing for Sharjeel Imam to continue arguments today.
Counsel states Umar Khalid has moved the trial court seeking interim bail for attending his sister’s wedding.

Counsel: I just wanted to inform. Such bail has been granted before as well.
Read 47 tweets

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