SBA Constitution
THE CONSTITUTION OF THE STUDENT BAR ASSOCIATION, 2000
Whereas :
The National Law School of India University (University) was established in 1986 in the interests of better legal education and higher standards of legal research and professional training. While the basic mandate of the University is to prepare conscientious and competent legal professionals, the University, in addition, aims to develop in the students a sense of responsibility by developing socially relevant skills and approaches.
In this context, the University gives importance to the development of a community life thereby contributing to the all round development of each and every student. Towards this end, the University considers curricular, co-curricular and extra-curricular activities to be essential in the all round development of the law students in the University. Consequently, the Student Bar Association was established with perpetual succession as an organization of law students of the University with the aim to establish a forum that gives importance to the development of character, personality and leadership qualities. Over the years of accumulated experience in the functioning of the Student Bar Association, it was felt that a New Constitution be adopted to govern itself and to better achieve the goals set out above.
Article 1 - The Student Bar Association (SBA)
- The SBA shall comprise of the full-time students of the University who may meet as a General Body in accordance with the provisions of this Constitution.
- The Director of the University shall be the Patron of the SBA
- The SBA shall function through its various organs detailed in this Constitution.
Article 2 - The General Body of the SBA
a) An ordinary meeting of the General Body of the SBA shall be convened by the President once a trimester by providing three days' notice. The agenda for an ordinary meeting shall be as follows :
- Presentation of a report of the past activities and proposed activities for the trimester of the SBA.
- Presentation of a report on the finances of the SBA by the Convenor of the Finance Committee.
- Any issue or concern that a member of the SBA may have.
b) Apart from the ordinary meetings of the General Body of the SBA, meetings of the General Body may be called only under the following circumstances :
- A special meeting of the General Body of the SBA, in connection with the removal of either the President or the Vice-President (Article 7) or the amendment of this Constitution (Article 11) may be convened by the authorized person.
- An extraordinary meeting may be convened by the President or the Chairperson of the SBA Faculty Council under extraordinary circumstances for which reasonable notice shall be given.
- A meeting requisitioned in writing by at least 10% of the members of the SBA by providing three days' notice along with the agenda for such meeting shall be convened by the President.
c) Except as provided in this Constitution with respect to special meetings, the quorum for the meetings of the General Body shall be 25% of the total strength of the SBA.
Article 3 - The Activity Based Committees (ABCs)
a) The conduct and co-ordination of the various activities of the SBA shall be enabled and facilitated by the following ABCs :
- Academic Support
- Campus Management and Development
- Cultural and Fine Arts
- Event Management
- Finance
- Law and Information Technology
- Student Advocate
- Law and Society
- Legal Services Clinic
- Literary and Debating
- Moot Court
- Sports
b) The total number of students forming part of the various ABCs shall not exceed 100 or 25% of the SBA, as the case may be.
c) The members of the various ABCs shall be selected by their respective Faculty Advisors on the basis of the SBA Skill Based Objective Criteria prescribed under Article 12 of this Constitution from among those students who volunteer to become members in the various ABCs.
d) The members of the various ABCs shall be selected in the last month of the academic year for the succeeding academic year. Membership is restricted to only one ABC for the succeeding academic year.
e) In the interests of discouraging self perpetuation of the membership of the ABCs, no member of the SBA can be selected to any one ABC for more than three academic years during his/her tenure at the University. This sub-clause shall come into force only for the ABCs selected from the academic year 2001-2002 onwards.
f) Each ABC shall select one person from among themselves to be the Convenor. Where the size of the ABC exceeds five members, the ABC may elect an additional person as Joint Convenor.
g) A person who has been Convenor of any ABC shall not be eligible for re-election as Convenor or Joint-Convenor of the same ABC. A person who has been Joint Convenor of any ABC shall not be eligible for re-election as Joint Convenor of the same ABC.
h) The ABCs shall take office on the first working day of the succeeding academic year and shall hold office for such academic year.
i) On the reopening of the University in the succeeding academic year, members from the First Year of the B.A.,LL.B. (Hons) and LL.M. Program shall be selected to the ABCs in accordance with the SBA Skill Based Objective Criteria as applicable to the First Year class.
j) The ABCs shall have the responsibility to enable and facilitate the conduct and co- ordination of their activities for the benefit of the SBA and shall be entitled to take appropriate decisions in this regard.
k) The ABCs shall issue appropriate guidelines, as and when necessary, in the conduct of their activities. Once issued, these guidelines shall continue to operate till amended. Such amendment shall be prior to the holding of their activities.
l) Every ABC shall have the authority to co-opt as many members as may be necessary for their effective functioning. Such co-option shall be on the basis of criteria notified by the ABC in advance of their co-option.
Article 4 - The Co-ordination Council
a) The Co-ordination Council shall consist of the President, Vice-President and the Convenors of the various ABCs.
b) The Co-ordination Council shall be free to meet as a full Council or in part depending upon the circumstances.
c) The Co-ordination Council shall be responsible for :
- supporting the President and Vice-President in the co-ordination of the activities of the SBA;
- supporting the President and the Vice-President in the mediation and resolution of grievances;
- supporting the President and the Vice-President in the discharge of their functions under this Constitution.
d) The President and Vice-President shall consult the Co-ordination Council from time to time through meetings, which shall be held at least once a month on matters of general importance.
Article 5 - The Student Academic Representatives
a) The Student Academic Representatives shall be selected at the beginning of the academic year and shall consist of two members, one male and one female from each class of the B.A..LL.B. (Hons.) Program, two members from each class of the LL.M. Program and the Convenor of the Academic Support Committee.
b) The Representatives from the B.A.Ll.B.(Hons.) Programme shall be nominated jointly by the President in consultation with the respective classes, and the Chairperson of the Under-Graduate Council.
c) The Representatives from the Ll.M. Programme shall be nominated jointly by the President, in consultation with the Ll.M. Students, and the Chairperson of the Post- Graduate Council.
d) The President may decide to re-elect the Student Academic Representatives at the beginning of each trimester in accordance with sub-clauses (a), (b) and (c) above.
e) The Student Academic Representatives shall represent the academic interests of their respective classes at the Class Council.
f) The functions of the Student Academic Representatives shall include :
- facilitating the maintenance and enhancement of the academic standards of the University from time to time.
- ensuring student-teacher co-ordination regarding reading materials, examinations, project guidance, project submissions, viva-voce and other related materials.
- facilitating faculty and course evaluations.
Article 5A - The Council of the Halls of Residence
a) There shall be a Council consisting of the Convenors of the following committees from the Mens' and Womens' Halls of Residence :
- The General Welfare Committee;
- The Mess Committee;
- The Security, Discipline and General Management Committee.
b) This Council shall, as and when required, liaise with the SBA to facilitate student welfare and ensure co-ordination in various SBA activities.
Article 6 - The SBA Faculty Council
a) The SBA shall have one member of the Faculty nominated by the Patron as the Chairperson of the SBA Faculty Council, to advise and guide the President and Vice- President, and shall also function as the Faculty Advisor of the Co-ordination Council and the Finance Committee.
b) There shall be at least one Faculty Advisor for each of the ABCs, nominated by the Patron every year from among the Faculty of the University.
c) The Faculty Advisors will guide their respective ABCs or the Councils, as the case may be, in the performance of their functions, in the development of their programmes and budget requirements, supervise their implementation, recommend to the Patron on actions required and facilitate the co-ordinations of the various activities of the SBA with the other activities of the University.
d) The Faculty Advisors shall have the right to attend the meetings of their respective ABCs or the Councils, as the case may be, and withhold permission on any activity they consider undesirable in the context of the overall ethos of the University.
e) The SBA Faculty Council shall consist of the Chairperson of the SBA Faculty Council, the Faculty Advisors of the various ABCs and the Faculty Advisors of the Student Academic Council.
Article 7 - Finances and Audit
a) The Finance Committee shall assist the President and Vice-President with respect to the finances of the SBA. The President and Vice-President shall every month verify that there is a maintenance of accounts, supporting documents, and an observance of budget heads by the Finance Committee.
b) The SBA shall maintain a Savings Bank Account with any nationalised bank and the same shall jointly operated by the Chairperson of the SBA Faculty Council and the Convenor of the Finance Committee.
c) All monies raised in the name of the SBA shall be deposited in the said Savings Bank Account any any release of funds shall be made only through negotiable instruments.
d) At the beginning of each academic year, the Convenors shall prepare a scheme of activities for the whole year and prepare a budget thereof and submit the same to the President and Vice-President.
e) The President and Vice-President shall gather all such estimates and programs and prepare a consolidated scheme of activities and budget. The said consolidated scheme of activities and budget shall be placed before the Co-ordination Council for suitable recommendations and shall thereafter be presented to the Chairperson of the SBA Faculty Council who in turn shall make recommendations to the Patron.
f) The final scheme of activities and budget shall be prepared by the President and Vice-President, in consultation with the Co-ordination Council, and the same shall be notified to the SBA. Thereafter any re-allocation of funds shall be made only by the Coordination Council, in consultation with the Chairperson of the SBA Faculty Council.
g) Requisitions for the sanctioning of expenditure shall be made in writing to the Finance Committee by the concerned Convenor or the President (in the event there are general funds not related to a specific ABC) after being endorsed by the respective Faculty Advisor.
(h) The Conveners or the President (in the event there are general funds not related to a specific ABC) shall be responsible for providing to the Finance Committee appropriate vouchers endorsed by the respective Faculty Advisor for all expenditure incurred.
i) The Finance Committee shall be responsible for the proper maintenance of accounts, supporting documents and for observing budget heads and shall be entitled to issue appropriate guidelines to the various organs of the SBA to ensure transparency and accountability with respect to the finances of the SBA.
j) The Finance Committee shall notify trimesterly accounts to the SBA.
k) The accounts of the SBA shall be subject to the University audit each year and the audited accounts shall be notified by the SBA.
Article 8 - The President and Vice-President of the SBA
a) There shall be a President and Vice-President of the SBA, elected in accordance with the provisions of this Constitution and the SBA Presidential Election Procedure prescribed under Article 12 of this Constitution.
b) The President and Vice-President shall be elected in the last month of the academic year for the succeeding academic year, immediately after the selection of the members of the ABCs. The President and Vice-President shall on taking office, cease to be members of their respective ABCs.
c) The President and Vice-President shall be jointly responsible to the organs of the Student Bar Association in the discharge of their functions. However, they may determine their specific individual responsibilities within the framework of their joint responsibilities and the same shall be notified to the Student Bar Association.
d) Subject to the disqualifications mentioned below, any member of an ABC selected in accordance with the provisions of this Constitution shall be eligible to stand for the posts of President or Vice-President.
e) Any member of an ABC shall not be eligible to stand for the posts of President or Vice-President if he/she has been.-
- found guilty of serious misconduct by the University;
- found to be politicizing the SBA in terms of bringing in party politics either through student mass organizations /fronts or through any other means having a similar effect.
f) The President and Vice-President shall be elected directly by those members of the SBA who will continue to be members in the succeeding academic year.
g) All decisions with respect to the conduct of the elections and the implementation of the provisions of this constitution with respect to elections shall be the responsibility of an Electoral Board appointed by the Patron.
h) The President and Vice-President shall be responsible to the SBA.-
- for representing the interests of the SBA and the University;
- for effective co-ordination of the activities of the SBA with the support of the Co-ordination Council;
- for ensuring effective mediation and resolution of grievances with the support of the Co-ordination Council;
- for ensuring transparency in the functioning and working of the Constitution;
- consulting the Co-ordination Council on matters of general importance.
i) The President and Vice-President shall have the right to attend the meetings of any ABC or Council and advise on the programs of such ABC or Council.
j) The President and Vice-President shall not be eligible for re-election to either of the posts or to the posts of Convenor or Joint Convenor of the ABCs for the remainder of their academic term at NLSIU.
Article 9 - Removal from Office
a) The President or Vice-President may be removed from office by the SBA and the post shall thereafter be filled up in accordance with Article 10.
b) Removal proceedings may be instituted by either.-
- a request in writing made to the Chairperson of the SBA Faculty Council, by not less than 10% of the total strength of the SBA. Such requisition must lay down in detail the reasons removal is being sought; or
- a request in writing made to the Chairperson of the SBA Faculty Council, by not less than three fourths of the members of the Co-ordination Council. Such requisition must lay down in detail the reasons removal is being sought.
c) On the receipt of such notice, the Chairperson of the SBA Faculty Council shall provide a copy of such request to the person sought to be removed and such person shall be permitted 24 hours to provide a written reply to the Chairperson of the SBA Faculty Council.
d) The SBA Faculty Council shall then determine whether the request for removal warrants the consideration of the SBA or whether the request is frivolous.
e) If the SBA Faculty Council is of the view that the request for removal warrants the consideration of the SBA, the Chairperson of the SBA Faculty Council shall notify the request and the reply.
f) The Chairperson of the SBA Faculty Council shall thereafter convene a General Meeting of the SBA on the third day after the notification. At such General Meeting, one of the persons who made the request shall explain the grounds mentioned in the request and the person sought to be removed shall have the opportunity to defend himself/herself.
g) The quorum for such meeting shall be 50% of the total strength of SBA.
h) The request for removal will need to be passed by at least two-thirds of the members present and voting and shall take effect immediately.
i) As regards members of the ABCs, three-fourths of an ABC shall make a request in- writing giving reasons as to why the removal of a member is being sought to their, respective Faculty Advisor. The Faculty Advisor shall then refer the matter to the SB A Faculty Council whose decision, if it upholds the removal, shall take immediate effect.
Article 10 - Vacancy in Office
a) On a vacancy arising in the office of the President due to any reason whatsoever, the Vice-President shall assume all the respective duties and functions of the President. If there is a vacancy of both the posts of President and Vice-President, the Co- ordination Council shall elect one person from among themselves to fill the post of President. The post of such Convenor shall be filled by the Joint Convenor of the said ABC, if there is one, or in the alternative shall be filled by the concerned ABC in accordance with Article 3(f).
b) On a vacancy arising in the office of a Convenor of an ABC due to any reason whatsoever, the Joint Convenor of the said ABC, if there is one, shall assume the office of Convenor. If there is no Joint Convenor, the post of such Convenor shall be filled by the concerned ABC in accordance with Article 3(f). The same principle shall apply for a temporary vacancy exceeding a month arising in the office of a Convenor of an ABC during such temporary vacancy.
c) Any vacancy arising in any office/position under this Constitution, due to any reason whatsoever, shall be filled at the earliest in accordance with the procedure laid down for appointment to such office/position.
Article 11 - Amendments
a) On the recommendation of the President and Vice-President, the ABCs or the Councils, or on the recommendation of 25 members of the SB A, the General Body of the SBA may consider any amendment to this Constitution, in accordance with the provisions hereof.
b) A meeting of the General Body of the SBA shall be convened by the President by providing a week's notice and by notifying the proposed amendment along with such notice.
c) The quorum for such meeting shall be 50% of the total strength of the SBA.
d) The proposed amendment will need to be passed by at least two-thirds of the members present and voting.
e) The amendment shall then be forwarded to the SBA Faculty Council which shall make recommendations to the Patron and shall come into force on its receiving the approval of the Patron, subject to due processes, and on being duly notified to the SBA.
Article 12 - Rule Making
a) The SBA Skill Based Objective Criteria shall be notified by the SBA Faculty Council immediately after the commencement of this Constitution. Changes in the same may be made by the SBA Faculty Council, on the recommendation of an ABC or suo moto, in the first trimester of any academic year and shall immediately be notified to the SBA.
b) The SBA Presidential Election procedure shall be notified by the SBA Faculty Council immediately after the commencement of this Constitution. Changes in the same may be forwarded by the SBA Faculty Council, on the recommendation of the Co- ordination Council or suo moto, to the Patron for his approval. The changes shall come into force on their receiving the approval of the Patron and shall immediately be notified to the SBA.
c) The Co-ordination Council shall have the authority to suggest any residuary rules or changes to any existing residuary rules in order to facilitate the effective functioning of the SBA. The suggestion shall be then be forwarded to the SB A Faculty Council who shall make recommendations to the Patron and shall come into force on its receiving the approval of the Patron and shall immediately be notified to the SBA.
Article 13 - Minutes and Records
a) The Convenors of the ABCs shall maintain a record of the minutes of all meetings of their ABCs. In addition, copies of minutes shall be provided to the concerned Faculty Advisor.
b) The President and 'Vice-President shall maintain a record of the minutes of all meetings of the General Body of the SBA and the meetings of the Co-ordination Council.
c) The Co-ordinator shall maintain a record of the minutes of all meetings of the Student Academic Council.
d) The Chairperson of the SBA Faculty Council shall maintain a record of the minutes of all meetings of the SBA Faculty Council.
e) Minutes on matters which affect the SBA shall be notified within 24 hours of the conclusion of the meeting.
f) There shall be an SBA Archive which shall contain the above mentioned records and minutes, and other information of relevance to the functioning of the SBA and such minutes and records would be available to any member of the SBA.
Article 14 - Miscellaneous
a) At the end of each year, the SBA may recommend to the Patron, the list of students who have given outstanding performances in one or more activities who may be awarded prizes or otherwise recognized by the University. In addition, the University on its own may also decide to award prizes/certificates to those who contributed to the enrichment of the life of the University.
b) The SBA on the basis of recommendations of the appropriate ABCs may sponsor representative teams for participation in conferences/competitions outside the University.
c) 'Notification to the SBA' shall mean copies being put up on the SBA Notice-board.
Amendment I
SBA will have the authority to recommend amendments to this Constitution and Regulations. Such amendments will come into effect once the Director gives approval.
Acknowledgement
The Following students of the SBA formed part of the Committee that redrafted the Constitution of the Student Bar Association. The SBA is and will remain grateful to them for their efforts in seeing through our new constitution. Sandeep Farias (Batch of 1996)
Dev Saif Gangjee (Batch of 2000)
Nandan Kamath (Batch of 2000)
Promod Nair (Batch of 2001)
Shreyas Jaysimha (Batch of 2000)
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