Will Jammu & Kashmir finally get its National Law University?

For the first time since 2018, Jammu and Kashmir has a popular government after National Conference (NC) Vice-President Omar Abdullah took oath as Chief Minister of J&K. The completion of long-awaited elections has invigorated the people of Jammu and Kashmir, who are now optimistic that their pressing issues, exacerbated by the absence of a popular government, will finally receive the attention they deserve.

Among these critical issues, the establishment of a National Law University (NLU) stands out, representing an unfulfilled promise that has lingered for years, despite its formal adoption by the Union Ministry of Home Affairs.

The importance of a National Law University

Unlike 21 other states in India, Jammu and Kashmir continues to lack a National Law University, which significantly hampers the prospects of its law students. NLUs provide advanced legal education, exceptional infrastructure and essential opportunities that are crucial for students' career growth. The absence of such an institution in Jammu and Kashmir has deprived law students of a competitive edge, placing them at a disadvantage compared to their counterparts in other states. With the formation of a new government, there is renewed hope that this long-standing demand for an NLU will finally be realised, thus improving the quality of legal education in the region.

Back in 2018, a wave of optimism swept through Jammu and Kashmir among law students when the then PDP-BJP coalition government passed the J&K National Law University Bill in the legislative assembly. This was a significant milestone, as it symbolised a commitment to enhancing legal education in the region. However, despite the Bill's passage, it required the Governor's approval to move forward. During Governor NN Vohra's tenure, certain clarifications were sought regarding the Bill, leading to stagnation in the process. On October 1, 2019, Governor Satya Pal Malik finally gave his assent to the Bill, officially paving the way for the establishment of the NLU in Jammu and Kashmir.

However, the bifurcation of the state into two union territories complicated matters. The J&K National Law University Act was amended and formally adopted by the Union Ministry of Home Affairs, yet over five years have passed since this adoption. The delay in implementation has left the creation of the NLU as an unrealised promise, leaving law students in the region frustrated and disappointed.

The disparity in legal education

As of now, Jammu and Kashmir is home to three government universities and seven private law colleges offering law programs like LLB and BA.LL.B. These institutions include the University of Kashmir, University of Jammu, Central University of Kashmir, and several private colleges such as Kashmir Law College, Vitasta School of Law and Humanities, KCEF Law College and Sopore Law College in the Kashmir division. In the Jammu division, there are KC Law College, Dogra Law College and Ashoka Law College. However, none of these institutions can compare to NLUs in terms of infrastructure, curriculum, and overall educational quality.

The teaching methods employed in these colleges often reflect outdated practices, emphasising theoretical knowledge while neglecting practical skills essential for modern legal education. Key components such as mooting, debating and internships are often overlooked in the curriculum, leading to a significant gap between what law students learn and what is required in the professional world.

The necessity for an NLU in Jammu and Kashmir has never been more pressing. The inadequacies of the existing legal education system were glaringly evident in 2022 when none of the 217 candidates from the region could qualify for the district judges' examination. This abysmal performance underscores the urgent need for an overhaul in the legal education system, which should include the establishment of an NLU.

A National Law University in Jammu and Kashmir would not only enhance the standard of legal education but also cater to the growing needs of the legal profession in the region. Graduates from NLUs are often preferred by leading law firms and corporations for placements, as these institutions provide superior training, robust infrastructure and a well-rounded educational experience. NLUs also have student bodies elected by the students themselves, allowing for more effective representation of student needs and concerns to the administration.

A broader vision for legal education

The idea of establishing a National Law University in Jammu and Kashmir is not a new one. It dates back to the All India Law Ministers Conference in 1995, where it was unanimously decided that each state should have a law school modeled after the National Law University to elevate the standard of legal education nationwide. Unfortunately, this vision remains unfulfilled in Jammu and Kashmir, leaving the region at a significant disadvantage compared to other states that have successfully established their own NLUs.

Currently, India boasts a total of 26 National Law Universities, with states like Maharashtra housing three NLUs in Mumbai, Nagpur and Aurangabad. Uttar Pradesh has established its second NLU. Yet, Jammu and Kashmir remains among several states - including Arunachal Pradesh, Uttarakhand, Sikkim, Mizoram, Meghalaya and Manipur - without a National Law University. This disparity underscores the urgent need for the J&K government to prioritise the establishment of an NLU to bring the region in line with national standards.

A call to action for the new government

As the NC-Congress government takes the reins, there is a palpable sense of hope that they will prioritise the establishment of Jammu and Kashmir’s own National Law University. This endeavour should be at the forefront of their educational reform agenda, ensuring that the region's law students receive the high-quality legal education they deserve.

By expediting the process of setting up an NLU, the government can fulfil a long-standing demand for improved legal education, helping to prepare a new generation of legal professionals capable of meeting the challenges of a rapidly evolving legal landscape.

The establishment of a National Law University in Jammu and Kashmir would be a significant step toward advancing the region's educational framework, enhancing opportunities for law students, and ultimately contributing to the betterment of society as a whole. With a renewed government in place, the people of Jammu and Kashmir remain hopeful that their aspirations for a National Law University will soon become a reality, allowing them to finally compete on an equal footing with other states in India.

A version of this article was originally published by Kashmir Observer.