PROPOSED AMENDMENTS TO THE B.A. LL.B. (HONS.) ACADEMIC AND EXAMINATION REGULATIONS, 2009

SR. NO.

EXISTING PROVISION PROPOSED AMENDMENT RATIONALE FOR AMENDMENT

II (1) (1) Number of classes

(a) Every student shall attend a minimum of 75% of classes held in every course, including all optional seminar courses. Failure to put in the minimum required attendance in one course in the academic year will lead to compulsory re- registration in the said course in the coming academic year.

(b) In the re-registered course, the student shall compulsorily attend a minimum of 75% of the total number of classes held, along with the minimum required attendance in other regular courses.

(c) Failure to put in minimum required attendance in more than one course in a single academic year will lead to compulsory re-admission to the same class.

(1) Number of classes

(Amend) (a) Every student shall attend a minimum of 70% of classes held in every course, including all optional seminar courses. Failure to put in the minimum required attendance in one course in the academic year will lead to compulsory re- registration in the said course in the coming academic year. Such re-registered courses are to be considered pari passu with re-registered courses as referred to in Reg. VIII(2).

(Insert) Provided that failure to put in the minimum required attendance in an optional seminar course will lead to compulsory re-registration in an additional seminar course in the coming trimester.

(b) (Amend) In the re-registered course, the student shall compulsorily attend a minimum of the number of hours required to cover the shortage sustained in the previous year, along with the minimum required attendance (70%) in other regular courses.

(Insert) Explanation: If a student has less than 70% attendance in any course, he / she will be promoted to the next higher class subject to Reg. VIII(1), after compulsory re-registration in the said course.

(c) (Delete)

At the outset, we suggest a reduction in the minimum number of classes to be attended to 70%, as this is the minimum required by Bar Council of India norms. The existing system is unnecessarily restrictive and has been found to create more administrative problems than benefits.

The original provision has not always been implemented as it has been found next to impossible to have 75% attendance in the shortage course and in the current year subjects, at the same time, as the classes tend to coincide.

In the case of seminar courses, failure to secure attendance in a course requires re-admission in the course the next year. This means that a student with an attendance shortage in even one seminar course (which is not a mandatory course) will have to be re-admitted. Bearing in mind that the status of a seminar course and consequences attached are very different from that of an ordinary course, it is proposed that the rule be modified. In doing so, reliance is placed upon Reg. V(8)(b).

We also suggest that attendance carry-over subjects be treated on par with non-attendance carry-over subjects for the purposes of calculating a year-loss for a student. At the moment, there exists no rational nexus for their differentiation.

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II(2) (2) Award of marks for attendance: The

maximum marks awarded for attendance will be 5. The break up is as follows:

76% to 80% 1 mark

81% to 85% 2 marks

86% to 90% 3 marks

91% to 95% 4 marks

96% to 100% 5 marks

(2) Award of marks for attendance: The maximum marks awarded for attendance will be 5. The break up is as follows:

70% to 74% 1 mark

75% to 79% 2 marks

80% to 84% 3 marks

85% to 89% 4 marks

90% to 100% 5 marks

In order to maintain consistency with the above suggestions, we suggest the reduction of the marking slab by 5 percentage points each, so as to commence at 70%.

The present system penalises students by one mark for failure to attend four hours of class. It is our humble submission that the present system does not adequately account for practical considerations, given that it is rather easy for a student to genuinely miss two days of class in a trimester, and the rules ought not to penalise the student by one mark for such reasons.

II(3) (3) Attendance Make-up: A student may claim attendance make-up by submitting the application in the given pro forma available with the Examination Department, within 6 working days from the last date of absence from class, duly signed by the Faculty Advisor of the concerned Activity Based Committee (hereinafter “ABC”) and the Convenor or Joint-Convenor of the ABC. A perforated counter-foil will be provided for the make-up form submitted to the Examination Department.

(3) Attendance Make-up:

...

(Insert) Provided, the Faculty Advisor may condone any delay (i.e. date of submission more than six working days from the date of absence) in submission of make-up form based on representation of the concerned student. In case of delays arising out of non-ABC matters, the UGC may condone the delay.

Often, there arise situations wherein Reg. II(3) cannot be adhered to. Therefore, we request that this delay be made condonable if the reasons are to the satisfaction of the concerned authority. The Faculty Advisor could be one such authority as she is best placed to evaluate reasons put forth by the Convenor / Joint-Convenor of the relevant committee for the delay in making the application. The UGC could be the concerned authority in respect of non- ABC related matters such as repeat examination attendance make-up or attendance make-up for participation in any other University-authorised activity.

II(5) (5) Grounds for make-up: The make-up may be claimed on the following grounds:

...

(c) If a particular activity does not fall within the grounds mentioned above, make-up may be given by the Vice Chancellor

(Insert) (bb) Medical grounds: Students seeking award of marks for attendance based on medical grounds shall submit the application in the given medical pro forma, duly signed and sealed and supported by a Certificate from the Doctor, or in cases of hospitalisation - from the Hospital in question, along with the Discharge Summary. The application shall be accepted only when the student is incapacitated, such that he/she cannot attend classes. The University shall verify the

There exists a pressing need to recognise medical reasons which prevent students from attending classes, as a valid ground for claiming attendance make-up.

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after the recommendations of the UGC. same.

II(6) (6) Extent of make-up: In no case shall the attendance make-up exceed 15% of the total number of classes held. However, in the case of teams representing the University in moot court competitions, client counseling competitions, negotiation competitions, or any other event approved by the Vice-Chancellor, they shall be entitled to make-up extending to a maximum of 20% of the total classes held, including travel time. The list of events shall be submitted by the Student Bar Association (hereinafter “SBA”) for approval of the Vice-Chancellor in the beginning of the academic year.

(Amend) (6) Extent of make-up: Attendance make-up shall not exceed 20% of the total number of classes held, except on medical grounds.

In order to maintain consistency with the suggestions made above, the proposed amendment is put forth. We humbly submit that students ought not to be penalised due to medical grounds.

For the purpose of attendance makeup, there is no valid rationale for differentiating between students representing the university in any event as opposed to those who organize university organized/related or any ABC related activity.

II(7) (7) Condonation on Medical Grounds: Subject to Regulation 2(1)(a), shortage of attendance on medical grounds shall only be condoned when a student falls short of attending 75% of the classes in a particular course but, has still attended at least 66% of the classes in that same course. Students seeking condonation of shortage of attendance on medical grounds shall submit the application in the given medical pro forma, duly signed and sealed and supported by a Certificate from the Doctor, or in cases of hospitalisation - from the Hospital in question, along with the Discharge Summary. The condonation on medical grounds shall be granted only when the student is incapacitated, such that he/she cannot attend classes. The University shall verify the same. No condonation will be

(Amend) (7) Condonation on Medical Grounds: Subject to Reg. II(1)(a), shortage of attendance on medical grounds shall only be condoned when a student falls short of attending 70% of the classes in a particular course but, has still attended at least 65% of the classes in that same course. Students seeking condonation of shortage of attendance on medical grounds shall submit the application in the given medical pro forma, duly signed and sealed and supported by a Certificate from the Doctor, or in cases of hospitalisation - from the Hospital in question, along with the Discharge Summary. The condonation on medical grounds shall be granted only when the student is incapacitated, such that he/she cannot attend classes. The University shall verify the same. No condonation will be granted if the doctor / hospital fails to certify such illness. The application for condonation shall be submitted to the Examination Department within 6 days of resuming class attendance.

(Insert) (8) Condonation on Exceptional Grounds:

A change in the existing rule is suggested in order to bring the provision in consonance with the BCI Rules of Legal Education 2008. Presently, the exceptional grounds provided for by the BCI Rules are only reflected in rules permitting condonation on medical grounds. We believe this needs to be expanded to take into account unforeseen events or a combination of factors like absence due to medical grounds and participation in international competitions.

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granted if the doctor / hospital fails to certify such illness. The application for condonation shall be submitted to the Examination Department within 6 days of resuming class attendance.

Provided, if a student for any exceptional reasons fails to attend 70% of the classes held in any subject, the UGC may allow the student to appear for the examination, if the student concerned has attended at least 65% of the classes held in the subject concerned, and attended at least 70% of classes in all the subjects taken together.

Provided further, any attendance shortage due to participation in competitions shall be condoned only for the days of the competition and any travel time.

III(2) (2) Deadline for submissions:

(a) ...

Provided, for re-registered students and re- admitted students, the project submissions shall be evenly distributed between the two submissions in the trimester.

...

d) No interchange of submission of projects in the trimester is permitted. However, in special circumstances, such as in case of carry over subjects and exemptions, the interchange may be permitted with the prior permission of the UGC Chairperson and the concerned subject teacher.

(2) Deadline for submissions:

(a) ...

Provided, for re-registered students and re-admitted students, the project submissions shall be evenly distributed between the two submissions in the trimester.

(Insert) Provided further, for such students, if there is an uneven number of carries, the student be given the option to submit in either half.

Illustration: A student with one carry may submit in either half. A student with three carries may submit either 2 in first half and one in the second half or one in the first half and two in the second half.

...

(Amend) (d) No interchange of submission of projects in the trimester is permitted. However, in special circumstances, such as in case of carry over subjects and exemptions, the interchange may be permitted with the prior permission of the concerned subject teacher.

We request that students with carry-over subjects be given the option of choosing which half of the class she would like to submit this project with.

In respect of Reg. III(2)(d), we request that the provision be amended to require solely the consent of the concerned subject teacher and not the UGC Chairperson.

III(7) (7) Extensions: (7) Extensions: We request that the limit of three days

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(a) Ordinarily, projects shall not be submitted after the period stated in Regulation III(6). However, the UGC may grant extensions for a maximum period of six days when the notified date for project submission coincides with, or falls within three days before or after the concerned competition, for representing the University in Moot Court Competitions, Client Counseling Competitions, Negotiation Competitions, International Debates, Model United Nations, and any other Activity approved by the Vice- Chancellor as per the list submitted under Regulation II(6);

b) For organising and participating in any ABC- related activities, a maximum extension of three days from the notified project submission date may be given;

(Amend) (a) Ordinarily, projects shall not be submitted after the period stated in Reg. III(6). However, the UGC may grant extensions for a maximum period of six days when the notified date for project submission coincides with, or falls within six days before or after the concerned competition, for representing the University in Moot Court Competitions, Client Counseling Competitions, Negotiation Competitions, Debates, Model United Nations, and any other Activity approved by the Vice-Chancellor.

(Amend) (b) For organising and participating in any ABC-related activities, a maximum extension of six days from the notified project submission date may be given;

coincidence between ABC-related activities and project submissions (constituting valid ground for project extension), in Reg. III(7)(b), be increased.

The period “within three days before or after the concerned competition” should be extended to take into account practical considerations. It does not reflect the amount of effort and time that goes into preparation for participation in such competitions.

The proposed amendment to this rule gives the student an opportunity to sincerely work on the projects and prepare for the competition as well.

“International Debates” has been changed to only “Debates” since there exist numerous prestigious national competitions where NLSIU students have excelled.

III(9) (9) Exemptions:

(a) The grounds for granting one project exemption are as follows:

(i) Participation in both University rounds of the University Moot Court selections;

….

(9) Exemptions:

(Deleted ‘both’) (a) The grounds for granting one project exemption are as follows:

(i) Participation in University rounds of the University Moot Court selections;

...

(Insert) (h) Cancelation of exemption: A project exemption may be cancelled by the Under-Graduate Chairperson based on the recommendation of the Faculty Advisor concerned with the activity for which the exemption was granted, pursuant to a show-cause proceeding conducted in the presence of said Faculty Advisor.

The word ‘both’ has been deleted from III (9)(a)(i) as University rounds of the University Moot Court selection process has undergone change, rendering the usage of the word ‘both’ obsolete.

A project exemption has traditionally been granted in recognition of the efforts of a student in preparing the memorial, the quality of which would have otherwise been adversely affected. Accordingly, a provision codifying the existing practice has been introduced.

However, concomitant provision should exist to account for a situation wherein a particular student does not adequately work for the competition and free-rides on the efforts of team-

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(Insert) Explanation: Mere submission of written memorials shall not amount to “participation” within the meaning of this provision unless the Moot Court competition requires submission of written memorials as a qualification round.

mates to claim exemption. Accordingly, we recommend that such exemption be de-recognised pursuant to the outcome of a showcause proceeding conducted by the concerned ABC in the presence of the Faculty Advisor.

We recognize that there is a possibility some students may avail of the exemption merely by submitting the memorial but do not go on to participate in the oral rounds. These students must not be given the benefit of an exemption. However, in cases of moots having a memorial qualification round, students who do not qualify to subsequent rounds should be given the exemption in any case.

IV(7) (7) Miscellaneous:

...(b) Under any circumstances, the students will not be permitted to opt out of the seminar course registered after the commencement of the classes.

(c) Except in exceptional circumstances, the number of students in each seminar course shall not be less than 10 and more than 40.

(7) Miscellaneous:

...(Amend) (b) There shall be a compulsory trial period of two hours per course within which a student is permitted to add/drop the course without any consequences as to grade.

(Insert) Explanation: The first two hours of every course shall not be counted for the purpose of attendance.

(Amend) (c) Except with the consent of the concerned course instructor and the approval of the UGC Chairperson, the number of students in each seminar course shall not be less than 10 and more than 40.

The current system of allocation of seminar courses has been found to be problematic. Students ought to be given the opportunity to make an informed choice regarding which courses to opt for. This is particularly important given that seminar courses offer an opportunity for students to specialise in their chosen area of law.

IV(9) (9) One Credit Courses:

(a) One-credit courses shall have a minimum of 15 class hours;

...

(9) One Credit Courses:

(Amend) (a) One-credit courses shall have a minimum of 10 class hours;

...(Amend) (b) To secure the full attendance mark, a student

We suggest that students have the option of setting off 4 credits (gained by finishing four One Credit Courses) for an optional seminar course in the fifth year. As the minimum requirement of a seminar course in fifth year is of 40 hours, it is only fair that one-credit courses shall have a

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(b) To secure the full attendance mark, a student must attend 75% of classes;

...

(h) The grade obtained in the one-credit course shall not be used for calculation of a student’s CGPA or his/her eligibility for Gold Medals or other academic awards / purposes.

must attend 70% of classes;

...

(Insert) (i) Credits earned through one-credit courses shall count towards the total number of credits for the purpose of graduation, subject to a maximum of 16 credits, and shall be exchangeable against V Year seminar courses only.

(Insert) Illustration: A student has completed five one credit courses, thereby gaining 5 credits. If she so chooses, she can set off 4 of these credits against one optional seminar course in the fifth year and have one credit remaining.

minimum of 10 class hours.

One credit courses are an important avenue for students to gain experience in specialised and practical areas. We strongly feel that the efforts of students in attending these courses and fulfilling their evaluations should be rewarded with credits. We recommend a system permitting the exchange of four single-credit courses towards one seminar course from his or her credit requirement, subject to a maximum of 16 credits or 4 seminar courses in fifth year.

V(8) (8) Repeat Examinations:

(a) ...

Schedule: All Repeat examinations for I and II trimesters shall be held in the second week of the subsequent trimester. For the third trimester, repeat examinations shall be held during the vacation prior to the commencement of the new academic year.

...

(b) Seminar courses: In case a student fails in a seminar course, he / she may re-submit the seminar paper for 50 marks within ten days of the declaration of results ...

(8) Repeat Examinations

(a) ...

(Amend) Schedule: All Repeat examinations for I and II trimesters shall be held in the second week of the subsequent trimester. For the third trimester, repeat examinations shall be held in the first week of the subsequent trimester.

(Amend) (b) Seminar courses: In case a student fails in a seminar course, he/she may re-submit the seminar paper (for as many marks as stipulated by the course instruction in the marking scheme notified under Reg. IV(6)) within ten days of the declaration of results ...

Results for all courses in the third trimester often cannot be released during the vacation. Hence, it is better that repeat examinations for such courses happen in the first week of the subsequent trimester.

The present rule with respect to resubmission of seminar papers must be amended to align it with the marking scheme notified by the concerned faculty.

V(9) (9) First Attempts:

(a) A First attempt for an examination shall be granted on one of the following grounds:

(9) First Attempts:

(Amend) (a) First attempts for examinations shall be granted on one of the following grounds:

We submit that the period “within three days before or after the concerned competition” should be extended to take into account practical considerations. It does not reflect the amount of effort and time that goes into preparation of such

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(i) Representing the University in Moot Court, Client Counseling and Negotiation Competitions and any University sponsored event which clashes with or is within three days from the commencement of written examinations.

Provided that if memorial submission dates of moot court competitions clash with or are within three days of written examinations, this rule shall apply.

….

(Amend) (i) Representing the University in a Client Counseling and Negotiation Competition or any University sponsored event which clashes with or is within three days from the commencement or conclusion of written examinations.

(Insert) (i-a) Representing the University in a Moot Court Competition which clashes with or is within six days from the commencement or conclusion of written examinations.

(Amend) Provided that this rule shall apply if the dates for submission of any written submission towards qualification for moot court competitions clash with or are within six days from the commencement or conclusion of written examinations.

(Insert) Provided further that the UGC may grant First Attempts in the event that the date of representation/written submission is beyond six days, in case of Moot Court competitions, or beyond three days, in case of all other competitions, from the commencement or conclusion of the written examinations.

competitions. We submit that the rule be amended in a way that offers the student an opportunity to sincerely prepare for the competition, while ensuring that their performance in examinations is not jeopardised. A distinction is drawn between moot court competitions and other competitions for the

Accordingly, the proposed amendment further vests the UGC with the authority to grant first-attempt examinations in other cases.

V(10) (10) Special Repeat Examinations:

A Special Repeat Examination shall be held under the following circumstances:

(a) If a student is not promoted to the next year because of failure in only one subject in the year previous to the class in which the student is admitted;

Explanation: If a student cannot get promoted to the 3rd year because of a single course in the 1st year, a special repeat

(10) Special Repeat Examinations:

A Special Repeat Examination shall be held under the following circumstances:

(Amend) (a) If a student is not promoted to the next year because of failure in four subjects – the student shall be eligible to appear for a special repeat examination in any one of these four courses;

(Amend) (b) If a student cannot graduate from the V year because of failure in not more than three courses – the student shall be eligible to appear for special repeat examinations in all of these three courses.

We see no intelligible differentia between subjects of different years for the purpose of determining whether a student is eligible for promotion to a higher class.

The existing rule creates a situation where a student with three carryover subjects from the present academic year is able to progress to the higher class, while another with a single carryover subject from a previous year is unable to do so.

To remove this disparity, we believe that the provision dealing with special repeat

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examination shall be held in the course.

(b) If a student cannot graduate from the 5th year because of failure in only one subject in the 4th year or 5th year.

examinations needs to be revisited, and have proposed the following amendments.

VIII(1) (1) No student shall be promoted to the next year unless he / she has cleared 9 out of 12 courses in a given year. Non-clearance maybe due to failure or shortage of attendance in a given course. A student shall be eligible for promotion to the next higher class provided he / she has secured at least a “B” grade in all but three courses at the end of the academic year in the concerned class.

(Amend) (1) No student who has more than three carry-over subjects shall be eligible for promotion to the next year, subject to Reg. V(10).

...

(Insert) Explanation: For the purpose of this provision, the three courses (which determine whether a student must seek readmission) include attendance and non-attendance carry-over subjects.

The proposed amendment is necessary to maintain consistency with aforementioned recommendations.

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