CONSTITUTION OF THE RMLNLU

STUDENT WELFARE ASSOCIATION

Dr. Ram Manohar Lohiya National Law University,

Lucknow

1
 TABLE OF CONTENTS

PREAMBLE ............................................................................................................................. 4
PART I: GENERAL PROVISIONS ...................................................................................... 5
Article 1: Title, Scope and Commencement .......................................................................... 5
Article 2: Definitions .............................................................................................................. 5
PART II: STRUCTURE AND COMPOSITION OF THE SWA ....................................... 5
Article 3: Student Welfare Association (SWA) ..................................................................... 5
Article 4: Patron ..................................................................................................................... 6
Article 5: Faculty Advisor ...................................................................................................... 6
Article 6: Core Committee ..................................................................................................... 6
Article 7: Term ....................................................................................................................... 7
PART III: ELECTIONS ......................................................................................................... 7
Article 8: Eligibility criteria ................................................................................................... 7
Article 9: The Electorate ........................................................................................................ 7
Article 10: Election Committee.............................................................................................. 8
Article 11: Elections ............................................................................................................... 8
Article 12: Publication of a Manifesto ................................................................................... 8
Article 13: Electoral Code of Conduct ................................................................................... 9
PART IV: POWERS AND FUNCTIONS OF SWA ........................................................... 10
Article 14: President ............................................................................................................. 10
Article 15: Vice President .................................................................................................... 11
Article 16: Treasurer ............................................................................................................ 11
Article 17: Secretary............................................................................................................. 12
PART V: INTERNAL COMMITTEES .............................................................................. 12
Article 18: Sub -Committees ................................................................................................ 12
Article 19: Permanent Committees ...................................................................................... 13
Article 20: Ad-hoc Committees ............................................................................................ 13
PART VI: MEETINGS, REPORTS AND AMENDMENTS ............................................ 13
Article 21: Core Committee and Sub Committee Meetings ................................................ 13
Article 22: Reports ............................................................................................................... 14
Article 23: Amendment ........................................................................................................ 14
PART VII: REMOVAL, VACATION AND BY-ELECTIONS ........................................ 14
Article 24: Removal by Petition ........................................................................................... 14
Article 25: Removal of an Office Bearer or Batch Representative by Attendance.............. 16

2
 Article 26: Vacation of Office by a Batch Representative or an Office Bearer ................... 16
Article 27: By-elections on removal or vacation of office ................................................... 17
PART VIII: MISCELLANEOUS PROVISIONS ............................................................... 17
Article 28: Power to requisition official documents ............................................................ 17
Article 29: Issuance of Reminders ....................................................................................... 17
Article 30: Representation in student-related matters .......................................................... 17

3
 PREAMBLE

Whereas:

Dr. Ram Manohar Lohiya National Law University, Lucknow was established by Dr. Ram
Manohar Lohiya Rashtriya Vidhi Sansthan Uttar Pradesh Adhiniyam 2005 (No. 28 of
2005) in 2006 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;

In pursuance of this objective and thereby recognising the importance of a forum for creating
a wholesome and engaging environment for students within the University, and to

Facilitate co-operation and coordination amongst the student community of the University;

Ensure student participation in the holistic development of the University;

Constitute various committees to allow for adequate representation of the student community
in various fields of endeavour and aspects of student life;

Promote a cordial and harmonious relationship amongst the students, faculty and
Administration of the University;

Provide a means of grievance redressal to the student community;

Foster the spirit of a diverse and unprejudiced student community;

WE, THE STUDENTS OF THIS UNIVERSITY, IN THE THIRTEENTH YEAR SINCE THE INCEPTION OF

THIS UNIVERSITY, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

4
 PART I: GENERAL PROVISIONS

Article 1: Title, Scope and Commencement

1. This Constitution may be called the Constitution of Dr. Ram Manohar Lohiya
National Law University Student Welfare Association.
2. It shall be applicable to all the students currently enrolled in B.A.LL.B. (Hons.)
and LL.M programme, and any other full-time courses that may be instituted by
the University from time to time.
3. This Constitution shall come into force as and when notified by the Vice
Chancellor.

Article 2: Definitions

1. “By-election” means any election conducted to fill any vacancy that has arisen in
the Student Welfare Association before the expiry of its term.
2. “Graduating Batch” means the final year batch of the B.A. LL.B. (Hons.).
3. “Student Community” means all the students currently enrolled in B.A. LL.B.
(Hons.), and LL.M programmes, and any other full-time courses that may be
instituted by the University from time to time.
4. “Student Welfare Association” or “SWA” shall have the meaning as assigned to it
under Article 3(1) of this Constitution.
5. “University” shall have the same meaning as assigned to Sansthan as defined
under Section 2(viii) of the Dr. Ram Manohar Lohiya Rashtriya Vidhi Sansthan
Uttar Pradesh Adhiniyam, 2005.
6. The definitions as provided in Section 2 of Dr. Ram Manohar Lohiya Rashtriya
Vidhi Sansthan Uttar Pradesh Adhiniyam, 2005 are directly applicable.

PART II: STRUCTURE AND COMPOSITION OF THE SWA

Article 3: Student Welfare Association (SWA)

1. The SWA shall be an organized association of the Student Community established

under this Constitution.
2. The SWA shall function through a Core Committee and other Sub-Committees of
the SWA as provided for in this Constitution.
3. The SWA shall have its seal and shall be a body in perpetual succession.

5
Article 4: Patron

The Vice-Chancellor of the University, or any person discharging the duties of the
Vice-Chancellor, shall be the Patron of the SWA. The Patron shall be the appellate
authority for the resolution of all disputes relating to the Student Community.

Article 5: Faculty Advisor

1. There shall be a Faculty Advisor for each term of the SWA.

2. The Core Committee, at the start of each term, shall recommend the names of
three Faculty Advisors to the Patron to be nominated as the Faculty Advisor. The
Patron shall nominate a Faculty Advisor out of the names forwarded.
3. The Faculty Advisor so appointed shall have the following functions –
a. To supervise the finances and expenditure of the SWA.
b. To adjudicate upon disputes arising in the functioning of the Core Committee.

Article 6: Core Committee

1. There shall be a Core Committee through which the SWA shall discharge its
functions.
2. The Core Committee shall comprise–
a. Four Office Bearers of the SWA, namely –
i. President (to be elected from the fifth year);
ii. Vice-President (to be elected from the fourth year);
iii. Treasurer (to be elected from either third, fourth or fifth year);
iv. Secretary (to be elected from the third year);
b. Eleven Batch Representatives, including –
i. Two Batch Representatives (one male and one female) each, from the
first to fifth year batches of the B.A. LL.B. (Honours) course;
ii. Batch Representatives from the first year shall be inducted on the
basis of an interview which shall be conducted by a panel consisting
of the Office-Bearers.
iii. One Associate Member from the LL.M. course.
Provided that Associate Member from the LL.M. course shall not be
elected by the LL.M. batch. The batch of LL.M. shall forward a name

6
 to the Faculty Advisor who shall be nominated as an Associate
Member of SWA.

Article 7: Term

All members of the Core Committee shall remain in office until the constitution of
the Core Committee for the next Academic Session.

PART III: ELECTIONS

Article 8: Eligibility criteria

Any member of the Student Community is eligible to contest in the elections for the
Core Committee unless –

a. S/he has been previously convicted under any Indian laws or laws of any
other country.
b. S/he has less than 75% attendance in the previous semester.
c. S/he has violated the Electoral Code of Conduct given in Article 13.
d. S/he is a member of any other committee in the University.
e. S/he has been previously suspended from the University.
f. S/he is a member of any Political Party or its outfits.

Note: Any member of the Student Community filing its candidature to stand in
elections shall give a declaration regarding compliance with the above mentioned
eligibility criteria.

Article 9: The Electorate

1. The electorate for the Office Bearers shall consist of all members of the Student
Community other than the members of the Graduating Batches and LL.M. Batch.
2. The electorate for the Batch Representatives shall consist of the members of the
respective batch i.e. the second, third and fourth year batches of B.A.LL.B.
(Hons.).
Provided that any student who has not been promoted to the next Academic
Session on the date of elections shall, for the purposes of this article, be deemed to
be in the electorate of the batch of which s/he is going to be a part in the
subsequent Academic Session.

7
Article 10: Election Committee

1. There shall be an Election Officer appointed by the Vice-Chancellor who shall be

responsible to conduct the elections under this Constitution.
2. The Election Officer along with the Chief Security Officer of the University shall
hear all complaints and grievances related to the violation of Electoral Code of
Conduct by any candidate or his/her supporters.
3. The Election Officer shall issue notification regarding Elections 21 days prior to
the Election Day.
4. For the purposes of providing assistance to the Election Officer in organising
elections, the Election Committee shall include one representative from each
batch who shall be inducted by the Election Officer after screening of their
applications.
Note: Such representative shall be able to exercise their right to vote in the
elections.

Article 11: Elections

1. Elections for the Core Committee shall take place in the last week of March every
year.
2. In every election, the votes shall be taken by secret ballot in the presence of the
Election Officer or the person appointed by him for this task.
3. Votes shall be counted by, or under the supervision and direction of, the Election
Officer, and each contesting candidate shall have the right to be present at the time
of counting.
4. A simple majority shall constitute the winning vote. In case of a tie between
candidates in terms of the votes secured, the tie shall be resolved by a draw of lots
under the supervision of the Election Officer.

Article 12: Publication of a Manifesto

1. At the time of declaration of candidature, the contesting member may also choose
to publish a Manifesto.
2. The Manifesto for the purpose of this Article should outline the past experience of
the candidate relevant for the post being contested. It should also contain the

8
 proposed ideas and activities which the candidate wishes to employ and execute
during their tenure.

Article 13: Electoral Code of Conduct

A. Applicability of the Electoral Code of Conduct

1. The Electoral Code of Conduct shall come into force as and when the notification
for elections is put up by the Election Officer.
2. The Code of Conduct shall be applicable to all the election related activities.

B. General Conduct

1. No candidate shall engage in any activity which promotes or has the potential to
promote enmity between different groups on grounds of sex, gender, religion,
economic status, race, place of birth, residence, language, caste or communities,
etc.
2. There shall be no appeal on the grounds aforementioned for securing votes. No
place of worship shall be used as forum for election propaganda.
3. Criticism of other candidates, when made, shall be confined to their policies,
programmes and past record of their professional life. Candidates shall refrain
from criticism of all aspects of private life, not connected with the public activities
of the other candidate or his supporters. Criticism of other candidate or his
supporters based on unverified allegations or distortion shall be avoided.
4. All candidates and their supporters shall refrain from serving all consumables or
distributing the same throughout the election process.
5. Use of loudspeakers for the purposes of campaigning is prohibited.
6. All candidates and their supporters are prohibited from engaging in corrupt and
unfair practices including but not limited to bribing, intimidation of voters, and
impersonation of voters from the day this Code is notified.
7. No candidate shall use or permit his/her supporters to make use of any land,
building, compound wall etc., for erecting flag-staffs, suspending banners, pasting
notices, writing slogans, etc.
8. No candidate or his/her supporters shall disrupt any class or any other co-
curricular or extra-curricular activity for the purpose of campaigning.
9. Vandalism of any kind is strictly prohibited.

9
 10. A person’s right to a peaceful hostel life shall not be violated by any means by the
candidate or his/her supporters.
11. Campaigning for the purposes of elections cannot be done outside campus.
Explanation: The provision does not prohibit campaigning on digital media
platform.
12. Candidate is prohibited from contacting any member of the Election Commission
in his/her personal capacity during the time of elections.
13. All kinds of campaigning should stop 24 hours prior to the Election Day.
14. Shouting of slogans during public gatherings by the candidate or his/her
supporters can be done only at the Helipad and Sampark Plaza between 5 P.M. to
10 P.M. Prior permission of the Election Officer is required for calling and
addressing such public gatherings.
15. No candidate or his/her supporters shall be a member of any Political Party or any
organization associated with such Political Party. Propagating the agenda of or
garnering any kind of assistance from any Political Party, for the purpose of
Elections shall be a ground for disqualification.

PART IV: POWERS AND FUNCTIONS OF SWA

Article 14: President

1. The President shall be the head of the Student Welfare Association and shall be
the representative of the interests of the Student Community.
2. The President shall take all decisions on behalf of the SWA in consultation with
other members.
3. The President shall preside over all meetings of the Association and Student
Community.
4. The value of the vote of the President shall be 1.5.
5. The President shall have the power to form and regulate all the sub-committees
within SWA and shall be the ex-officio supervisor of all of them.
6. The President, after consultation with SWA, shall dissolve the internal sub-
committees so formed at the end of each academic year, in case of a permanent
committee and after the satisfactory achievement/completion of its given
objective, in case of an ad-hoc committee.

10
 7. The President shall have the authority to resolve the disputes arising amongst
different sub-committees.
8. The President shall convene a meeting of SWA, if a petition has been brought up
by 10% of the Student Community, to discuss any matter related to or affecting
the Student Community.
9. The President shall be the primary contact person between the Student
Community and the University Officials. (The term ‘Officials’ include VC,
faculty, administration, clerks, etc.)
10. The President shall have the responsibility to coordinate effective implementation
of the proposals made by each sub-committee.
11. The President shall, after consultation with other members of the SWA, put up a
list of agendas at the start of each semester for the Student Community.

Article 15: Vice President

1. The Vice-President shall discharge duties that have been so delegated by the
President.
2. The Vice President may convene a meeting in case the President fails to convene a
meeting as per the provisions of this Constitution.
3. The Vice President may check and control the Authority of the President in case it
breaches the provisions of this Constitution.
4. In case of absence of the President, the Vice-President shall be the Acting
President and shall have all the powers as mentioned above.

Article 16: Treasurer

1. The Treasurer shall head all matters pertaining to the finances of the SWA.
2. The Treasurer must make record of each requisition for allocation of funds
towards any student activity. The Treasurer must further record the reasons for the
rejection or acceptance of such requisition.
3. The Treasurer must make accounts, detailing expenditures, revenue and savings.
Such accounts must be disclosed to the Student Community when asked for.
4. The Treasurer will strive, along with other Office Bearers, towards raising funds
for student welfare.
5. In the absence of the President and the Vice-President, the Treasurer may act as
President.

11
Article 17: Secretary

1. The Secretary shall be responsible for reporting to the President and the Vice-
President about the day-to-day functioning of the SWA and its sub-committees.
2. The Secretary shall have the duty to oversee the efficient and fair functioning of
the various sub-committees.
3. The Secretary shall have the duty to record and preserve the minutes of the
meetings of the SWA and ensure that all such minutes are disclosed, ordinarily
within a period of seven working days of the meeting being held, to the Student
Community.
4. The Secretary shall ensure that each sub-committee is recording minutes and that
such minutes are disclosed to all the members of the SWA.
5. In the absence of the President, Vice-President and the Treasurer, the Secretary
shall act as the President.

PART V: INTERNAL COMMITTEES

Article 18: Sub -Committees

1. The SWA shall have the power to form Sub-committees comprising students from
the Student Community other than members of the SWA.
2. Some committees shall be necessarily formed each year on a permanent basis and
others shall be formed on an ad-hoc basis for specific issues as and when they
arise.
3. The ‘Office Bearers’ of SWA shall form the panel which shall induct the members
of such sub-committees.
4. Each sub-committee shall formulate its own policies or rules or regulations with
respect to the specific activities under its mandate and communicate the same to
the Core-Committee of SWA.
5. Each sub-committee shall have the power to call for a Student Community
Meeting, before making decisions on matters that in its opinion require public
consultation. Any such meeting shall be called after approval from the President
of the SWA

12
Article 19: Permanent Committees

The following list of committees shall be formed every year within 7 days of
constitution of the Core Committee of SWA and will work for one full term as that of
the Core Committee of SWA.
a. Academic Reforms Committee
b. Gender and Sexuality Forum
c. Forum for Specially-abled persons
d. Hostel and Mess Committee
e. Campus Welfare Committee
f. Committee for Mental Wellness

The Core Committee of the SWA may make any other committee on a permanent
basis as they deem fit for addressing the grievances of the Student Community.

Article 20: Ad-hoc Committees

1. SWA shall have the power to form committees for specific events under its
mandate on an ad-hoc basis.
2. SWA shall form an Event and Management Committee every year after
consultation with the officials from the administration for the purposes of
organizing Convocation.

PART VI: MEETINGS, REPORTS AND AMENDMENTS

Article 21: Core Committee and Sub Committee Meetings

1. The Core Committee/Sub Committees shall meet as often as necessary and in any
case at least once a month.
2. The Core Committee shall hold a meeting with the Student Community at least
once every semester. A notice of at least 3 days shall be given for such meetings.
3. The Core Committee may hold a meeting with members of any of the Sub-
Committees working within the SWA.
4. Core Committee/Sub Committees may hold a meeting with a particular
batch/batches on any matter.
5. The quorum for such meetings shall be one-half of the total membership of the
Core Committee/Sub-Committee.
6. The resolutions made in such meetings shall be passed by a simple majority.

13
Article 22: Reports

1. Office Bearers shall, as designated by the President, record the minutes of all the
meetings of the Core Committee. The minutes of the meetings shall be disclosed
to any member from the Student Community if asked for by them.
2. Office Bearers shall ask for monthly-reports from each such sub-committee
functioning within the SWA to keep a check on their progress.
3. The Office Bearers shall prepare a report at the end of each semester detailing the
successful completion of tasks taken up, and the failure of the SWA to discharge
any tasks it may have resolved to discharge, and reasons for such failure along
with the challenges faced in the functioning of the SWA. They shall also lay
down the future course of action. The report shall be sent to the Student
Community.

Article 23: Amendment

1. Any member of the Student Welfare Association can bring a proposal for
amendment to this Constitution.
2. The President shall communicate the proposed amendment to all the members of
the Student Welfare Association and shall convene a meeting by providing two
days’ notice to discuss the proposed amendment.
3. The quorum for such meeting shall be two-thirds of the total strength of the
Student Welfare Association.
4. The amendment must be passed by at least two-thirds of the members present
and voting.
5. The voting for such an amendment may be conducted by a show of hands or a
secret ballot as the President may deem fit.
6. The amendment so passed shall take effect as on the date notified by the Student
Welfare Association.

PART VII: REMOVAL, VACATION AND BY-ELECTIONS

Article 24: Removal by Petition

A. Removal of an Office Bearer

1. A petition for the removal of an Office Bearer along with the justification for the
same can be moved by not less than sixty percent of the student community,

14
 addressed to any Office Bearer of the SWA, other than the Office Bearer in
question.
2. On receipt of the petition, the President of the SWA shall convene a meeting of
the SWA within 3 working days.
Provided that if the petition filed is against the President, the Vice-President shall
convene such meeting.
3. The Office Bearer in question shall be given an opportunity to be heard before the
SWA.
4. Pursuant to that, the members of the SWA, other than the member in question,
shall through a resolution approve or disapprove the validity of the petition and
the charges levied. The same shall be done by at least two-thirds of the total
strength present and voting. The voting for the said purpose shall take place by
secret ballot.
Provided that the reasoning given for approving/disapproving the petition shall be
properly recorded and disclosed to the Student Community.
5. If the Student Community is not satisfied with the reasoning given for rejecting
the petition, they can refer the petition to the Faculty Advisor.
6. The Member in question shall be given an opportunity to be heard before the
Faculty Advisor in the presence of other Office Bearers and three students from
the Student Community.
7. In case the faculty advisor is not satisfied with the reasoning given for the petition,
no other petition for the removal of the Office bearer shall lie for the next two
working months.
8. The decision of the Faculty Advisor shall be final and binding.

B. Removal of a Batch Representative

1. A petition for the removal of a Batch Representative along with the justification
for the same can be moved by not less than two-thirds of the total members of that
particular batch.
2. On receipt of the same, the President shall convene a meeting with the SWA.
3. The member in question shall be given an opportunity to be heard before the
SWA.
4. Pursuant to that, the members of the SWA, other than the member in question,
shall through a resolution approve/disapprove the validity of the petition and the

15
 charges levied by at least two-thirds of the total strength present and voting.
Voting shall take place by secret ballot.
Provided that the reasoning given for approving/disapproving the petition shall be
properly recorded and disclosed to the respective batch.
5. If the batch is not satisfied with the reasoning given for rejecting the petition, they
can refer the petition to the Faculty Advisor.
6. The Batch Representative in question shall be given an opportunity to be heard
before the Faculty Advisor in the presence of other Office Bearers and three
students from the respective batch.
7. In case the faculty advisor is not satisfied with the reasoning given for the petition,
no other petition for the removal of the Batch Representative shall lie for the next
two working months.
8. The decision of the Faculty Advisor shall be final and binding.

Article 25: Removal of an Office Bearer or Batch Representative by Attendance

1. A show cause notice shall be served to any Member who has not attended three
consecutive meetings with/without giving proper reasons.
Note: For the purpose of the aforementioned provision, attendance in meetings
through video-conferencing shall not be considered as absence from such
meetings.
2. The member in question shall be given three days’ time to respond on the receipt
of the aforesaid notice.
3. The SWA, after a two-thirds majority vote, reserve the right to suspend a member,
post the service of a show cause notice. Membership may be suspended for a
period of not more than one month. During the time period of suspension, the
member must appear before the SWA to plead his/her case.
4. Only by passing of a resolution for termination by two-thirds majority vote against
the member, the membership of the member in question may be terminated.

Article 26: Vacation of Office by a Batch Representative or an Office Bearer

1. Any member of the Core Committee or the Sub Committee of the SWA may
vacate his/her office by sending a letter of Resignation addressed to the Faculty
Advisor.

16
 2. Such a member shall not be entitled to participate in the affairs of the SWA for the
rest of his/her tenure.

Article 27: By-elections on removal or vacation of office

1. In case of resignation/impeachment of any member of the SWA, the Faculty

Advisor shall invite applications for the vacated post and the process laid down in
the subsequent provisions shall be followed.
2. The process of By-election shall not last beyond fifteen days from the date on
which the resignation or impeachment becomes effective.

PART VIII: MISCELLANEOUS PROVISIONS

Article 28: Power to requisition official documents

1. The Core Committee shall have the power to requisition official documents from
the Administration including but not limited to the agenda and minutes of every
General Council, Executive Council, Academic Council meeting and meetings of
any other authority or body of the University. In the event that the agenda or
minutes for a meeting are withheld, reasons for doing so must be provided in
writing.
2. The Core Committee shall also have access to any document or information that
falls under section 4 (1) (b) of the RTI Act, 2005.
3. In the event that the University Administration does not furnish the requisite
documents, the Core Committee shall have the power to appeal before the Patron
and will be given an opportunity to establish why the withheld information is
essential.

Article 29: Issuance of Reminders

The Core Committee shall issue official reminders to the Administration for timely
enforcement of policies and shall have the power to ask from them reasons in writing
which are leading to delay in the implementation.

Article 30: Representation in student-related matters

1. The Core Committee shall have the power to be present and make written and
oral representation at any meeting of the Administration deliberating upon policy
matters affecting the interests of students.

17
2. The Core Committee at such meetings shall be provided with the draft of any
rules, regulations, policies or decisions, affecting the student community before
the adoption as well as implementation of the same by the Administration.

18