The National Law School of India University (NLSIU), Bengaluru, has yet again demonstrated its progressive spirit. Its recent decision to reserve 10 additional seats for Karnataka students in the B.A. L.L.B. (Hons) programme, starting from the 2025-26 academic year, is a meaningful step toward creating opportunities for local talent in one of India’s most prestigious institutions. Yet, as we applaud this milestone, it is worth reflecting on whether the institution can do more? Can NLSIU be more inclusive by voluntarily adopting reservations under Article 371J of the Constitution?
The constitutional promise of Article 371J
Kalyana Karnataka, formerly Hyderabad-Karnataka, is the most backward region in the state. Comprising Bidar, Kalaburagi, Raichur, Yadgir, Ballari and Koppal districts, the region has historically suffered from inadequate infrastructure, poor literacy rates and low levels of higher education enrolment.
Recognising these challenges, Article 371J was introduced through the 98th Constitutional Amendment Act, 2012, to enable affirmative action for the region’s residents. It empowers the Karnataka government to provide special reservations in public employment and education, including an 8% reservation in educational institutions and government jobs across the state.
Yet, as of 2019-20, the region’s Gross Enrolment Ratio (GER) in higher education languished at 15%, compared to the state average of 32%. Similarly, its literacy rate of 63.71% is significantly below the state average of 75.36%. These statistics represent how even after the implementation of Article 371J, achieving parity remains a distant dream for Kalyana Karnataka.
Inclusivity at NLSIU
The journey toward inclusivity at NLSIU has been gradual yet impactful. In 2020, the Karnataka government attempted to legislate a 25% reservation for Karnataka students through the National Law School (Amendment) Act. However, this effort faced legal hurdles and was struck down by the high court, which ruled that the state legislature lacked any power or authority over the university. Despite this setback, NLSIU took it upon itself to address the issue.
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Under its Inclusion and Expansion Plan 2021-2025, the university introduced a 25% horizontal reservation for Karnataka students across all categories – General, Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and Economically Weaker Section (EWS).
As of the 2023-24 academic year, this policy reserved 60 of the 240 seats for students from Karnataka in the B.A. L.L.B (Hons) programme, 25 of the 100 seats in the L.L.M programme and 30 of the 120 seats in the L.L.B (Hons). Most recently, the university agreed to reserve 10 additional supernumerary seats for Karnataka students in exchange for land from the state government. These initiatives highlight NLSIU’s willingness to exceed its minimal legal obligations and its recognition of the importance of regional representation.
The case for Article 371J
However, one significant gap remains: students from Kalyana Karnataka have not been explicitly included in NLSIU’s policies. In 2021, when asked to consider implementing reservations under Article 371J, NLSIU responded that it is not legally obligated to do so. The university argued that it does not fall under the definitions of ‘state-wide universities’ or ‘state-wide educational institutions’ outlined in the Karnataka Educational Institutions (Regulation of Admissions in the Hyderabad-Karnataka Region) Order, 2013. This interpretation is technically correct but raises a larger question: should NLSIU limit itself to what is legally required, or can it embrace the broader constitutional vision of social justice and equity?
The 25% horizontal reservation for Karnataka students, as well as the supernumerary seats, offer a precedent for voluntary action. This policy was not mandated by any law but was implemented to foster inclusivity and address local aspirations. Extending a similar approach to include an 8% horizontal reservation for Kalyana Karnataka students would be a natural next step. Such a move would not only fulfil the spirit of Article 371J but also ensure that the students from Karnataka’s most backward region can access the transformative opportunities at NLSIU.
Beyond addressing regional disparities, expanding Article 371J reservations at NLSIU would bring significant benefits to both the institution and society at large. A diverse student body would invigorate classroom discussions, bringing varied perspectives that prepare students to excel in a legal profession serving a diverse populace. Crucially, graduates from Kalyana Karnataka, armed with legal acumen and a commitment to equity, could champion the effective implementation of Article 371J. As part of civil society, they can foster accountable governance and help align the government’s development efforts with the region’s aspirations, catalysing progress and uplifting the socio-economic landscape of Karnataka’s most underserved region.
The way forward
As NLSIU charts its path forward, it has an opportunity to set an example by voluntarily adopting reservations under Article 371J. By addressing the needs of Kalyana Karnataka, the university can transform individual lives, uphold the constitutional ideals of social justice and equity and cement its place as a truly transformative institution. Students – whether from the bustling streets of Bengaluru or the underserved regions of Bidar – deserve the chance to walk through its hallowed halls. Let NLSIU lead the way in turning this vision into reality.
Jehosh Paul is a lawyer and research consultant. He belongs to the Kalyana Karnataka region.
