A plea has been filed before the Delhi High Court challenging the National Law School of India (Amendment) Bill, 2020, which provides 25% domicile reservation at National Law School of India University (NLSIU), Bangalore.
The Division bench comprising Chief Justice DN Patel and Justice Prateek Jalan was hearing the petition filed by Shubham Kumar Jha challenging the constitutional validity of NLSIU Amendment Act 2020.
Advocate Shadan Farasat appearing for the petitioner today submitted that the petitioner was challenging the constitutional validity of the 2020 Amendment act for grant of domicile reservation.
The bench however pointed out that the respondent in the said case was Union of India.
Farasat however submitted that he was addressing the issue with respect to the State of Karnataka and had invoked the power of the High Court under Article 226 (2) of the Constitution which states,
“226. Power of High Courts to issue certain writs
(1). Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2). The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories”
The bench however said that the matter will be placed before another bench for hearing.
-India Legal Bureau