Nishikant Khajuria
JAMMU, Feb 23: The first ever National Law University in Jammu and Kashmir is all set to be established soon as the Governor Satya Pal Malik is likely to give his nod to the Bill for the same, which was passed by State Legislature, early last year.
The matter has been discussed at the top level and the Governor is likely to give his mandatory consent to the Bill , albeit with a change in the controversial provision, according to which Chief Minister was to be Chancellor of the Law University, official sources told the Excelsior.
Like other National Law Universities, the same at J&K will also have Chief Justice as its Chancellor and an amendment in this regard in the Bill is being made before final consent of the Governor in next few days, sources added.
Since this Law University will be a Central University, a Chief Minister can’t be its Chancellor and further there is no logic in the claim by then Government justifying the controversial provision on the ground that Chief Justice generally remains over busy in handling affairs of the judiciary, sources explained.
Pertinent to mention that in the Bill passed by the Legislature, the then PDP-BJP Government had proposed Chief Minister as Chancellor of the J&K Law University whereas in other parts of the country, Chief Justice of the concerned State is the Chancellor of the National Law University.
The Bill for establishment of the National Law University was passed in the State Legislative Assembly as well as in the Legislative Council during the Budget Session held in the months of January-February last year. After its passage, the Bill was forwarded to the Governor for his mandatory assent. However, the then Governor N N Vohra had purportedly sought clarifications from the Government with regard to deviation from the pattern which is prevalent all over the country for the post of Chancellor of the Law University.
In response to the query, then Government had justified Chief Minister as the Chancellor on the ground that Chief Justice generally remains busy in handling the affairs of the judiciary and attending the court on regular basis. The Government had further mentioned in response to the Governor’s query that one sitting Judge of the J&K High Court would be part and parcel of Executive Committee of the Law University and moreover Chief Justice of India will be the Visitor of the National Law University to guide on important aspects and hence there was no major deviation from the set pattern.
Thereafter, the then Governor had also sought copy of the resolution of the All India Law Ministers Conference whereby establishment of the National Law Universities in maximum States was recommended several years back. Even as copy of the said resolution was also furnished to the Raj Bhawan, the Bill remained pending till date with no further query on the same.
However, sources said that the matter was recently paid required attention by the incumbent Governor, who is learnt to have discussed the same with his Advisors and the Chief Secretary besides seeking suggestion on the controversial provision of appointing Chief Minister as Chancellor of the University.
There is a unanimity at the top level for not deviating from the pattern which is prevalent all over the country for the post of Chancellor and hence required amendment is being made in the said Bill, sources informed and added that the exercise in this regard is likely to be completed within days thus paving way for establishment of first ever National Law university in J&K.
Once the university is established in the State, it is expected to have Undergraduate, Postgraduate and Doctorate level Law courses. Also, the courses would cater to different Law specializations such as Business Law, Cyber Law, Environmental Law, Corporate Governance Law, Medical Law, Human Rights Law, Disability Law and IP Law. The candidates will be shortlisted for admission through a national level entrance exam even as there will be reservation for J&K students. Currently, there are a total number of 21 National Law Universities in India.
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