Guv withholds assent, seeks clarifications on setting up of maiden Law University in J&K

Mohinder Verma
JAMMU, May 11: Governor N N Vohra has withheld assent to the Bill for establishment of Jammu and Kashmir National Law University, which was passed by both the Houses of State Legislature in the month of February this year, for want of certain clarifications from the Government. His key concern pertains to deviation from the set pattern for the post of Chancellor of the varsity.
The Bill for establishment of maiden Law University in the State was introduced in the Legislature during the Budget Session on the ground that large number of students from Jammu and Kashmir are showing keen interest in higher and quality legal education and in the absence of Law University in the State they are compelled to take admissions in such universities in different parts of the country.
The Legislature was also informed by the Government that even All India Law Ministers Conference had resolved for establishment of Law Universities in majority of the States to impart training and advanced education to the students and researchers so that quality of justice delivery system improves.
As per the provisions of Constitution of Jammu and Kashmir, the Bill after approval by the State Legislature was referred to the Governor for his mandatory assent. However, the Governor has withheld nod for want of clarifications from the Government on certain important aspects, official sources told EXCELSIOR.
“The main area of concern for the Governor is deviation from the set pattern all over the country for the post of Chancellor of National Law University”, they said while disclosing that in the Bill passed by the Legislature the Government has proposed Chief Minister as Chancellor of the Law University but in other parts of the country Chief Justice of the concerned State is the Chancellor of the Law University.
While responding to the clarification in this regard, the Government has conveyed to the Governor that keeping in view the hectic schedule of the Chief Justice in handling affairs of the judiciary and attending the courts on regular basis it has been felt expedient to make Chief Minister as Chancellor of the Law University, sources said.
Moreover, Governor has been conveyed that one sitting Judge of the J&K High Court will be part and parcel of Executive Committee of the Law University as such highest judiciary would have a key role to play in the functioning of the varsity. “Even Chief Justice of India will be the Visitor of the Law University to guide on important aspects as such there is no major deviation from the set pattern”, sources said quoting the response filed by the Government to the Governor’s clarification.
However, despite Government’s reply to the specific query the Governor has not cleared the Bill for establishment of maiden National Law University in the State, sources said while disclosing that in a second communication the Governor has also sought the copy of the resolution of the All India Conference whereby establishment of National Law Universities in maximum States was recommended several years back.
“Since the Department of Law, Justice and Parliamentary Affairs doesn’t have copy of the resolution it is going to write to the Union Ministry of Law and Justice for obtaining certified copy so as to meet the requirement of the Governor”, sources further informed while expressing inability to specify time-frame for Governor’s assent to the Bill.
It is pertinent to mention here that announcement regarding setting up of National Law University in Jammu and Kashmir on the pattern of National Law School of India University (NLSIU), Bangalore and National Academy of Legal Studies and Research (NALSAR), Hyderabad was made by Minister for Law Syed Basharat Bukhari on July 23, 2015.
In this connection, a high-level delegation led by Law Minister also visited Bangalore and Hyderabad to acquaint themselves about the models of NLSIU and NALSAR to be adopted for maiden Law University of J&K. During the visit, the delegation studied the academic courses offered by NLSIU and NALSAR, the requirement of faculty, the management and other vital issues involved in establishing such an institution.
Even Chief Minister Mehbooba Mufti in her address at annual joint conference of Chief Ministers of the States and Chief Justices of High Courts at Vigyan Bhawan New Delhi on April 24, 2016 had expressed keenness to set-up National Law University in J&K to impart training and education to students and researchers and to improve the quality of justice delivery system in the State.
“Now, it is to be seen whether the stance of the Government convinces the Governor for clearance of the Bill”, sources said.

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