SEMESTER-III LEGAL HISTORY

LEGAL EDUCATION IN INDIA: HISTORY AND AIMS

II YEAR B.A., LL.B., (HONOURS)

THE TAMIL NADU NATIONAL LAW SCHOOL,

TRICHY.

SUBMITTED BY SUBMITTED

TO

VEDAVALLI.S MR. BRITTO STALIN

BA0140073 FACULTY INCHARGE

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TABLE OF CONTENTS

I. RESEARCH METHODOLOGY...........................................................................3

II. SYNOPSIS.............................................................................................................3

III. INTRODUCTION..................................................................................................4

IV. AIMS OF LEGAL EDUCATION..........................................................................5

V. HISTORY OF LEGAL EDUCATION..................................................................5

VI. CURRENT SCENARIO OF LEGAL EDUCATION..........................................10

VII. IMPORTANCE AND REGULATIONS OF LEGAL EDUCATION.................12

VIII. CHALLENGES....................................................................................................14

IX. RECOMMENDATIONS.....................................................................................15

X. CONCLUSION....................................................................................................17

XI. REFERENCES.....................................................................................................18

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RESEARCH METHODOLOGYMy project is based on data collected from secondary sources which includes materials

available on the internet and books and reports available. The research is of deductive nature

and the footnoting style followed is Seventh Edition of MLA style as recommended by the

Modern Language Association.

SYNOPSISLegal Education has traditionally been a neglected area, in India. It is one area where there

has not been any fundamental change during the last 150 years. Except for the duration of the

courses, and addition of some fundamental subjects, there has not been innovation in legal

education scenario during all these years. An examination of the history of Indian Legal

Education would reveal the following:

Legal Education in India has remained mostly concentrated on developing legal

professionals in a national context.

Changes in Legal Education scenario cannot be fully understood from various

committee reports, which do not exactly follow the actual changes in the legal

education scenario.

Legal Education has more or less remained a theoretical study, with only minimal

content of practical exposure. Experiential learning was given a back bench in actual

practice, and many practical courses remain in paper rather than in content.

National law school experiment in India which has to an extent revived the interest in

legal education has remained elitist and out of reach for children from middle and

lower income group.

This paper seeks to detail the history of legal education during various eras in India. It also

seeks to analyze the current scenario of legal education and recommendations to improve the

status of legal education are provided.

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INTRODUCTION“Legal Education is essentially a multi-disciplined, multi-purpose education which can

develop the human resources and idealism needed to strengthen the legal system ….A

lawyer, a product of such education would be able to contribute to national development and

social change in a much more constructive manner.”

- S.P.Sathe.1

Legal education is the education of individuals who intend to become legal professionals or

those who simply intend to use their law degree to some end, either related to law (such as

politics or academic) or business. It can also be said as a preparation for the practice of law.

Legal education includes either an undergraduate or graduate level first degree in law which

varies depending on the country, Vocational courses, Specific studies in branches of law like

Family Laws, Labor Laws, Business and Commercial Laws, Property Laws, Cyber Laws, etc.

and also higher academic degrees and doctorate.

Instruction in law has been offered in universities since medieval times, but, since the advent

of university-based law schools in the 18th and 19th centuries, legal education has faced the

challenge of reconciling its aim of teaching law as one of the academic disciplines with its

goal of preparing persons to become members of a profession. Most law schools have tried to

find a middle path between being a mere trade school and being a citadel of pure theory.

Unfortunately, the criticism is sometimes made that these efforts result in a type of education

that is not practical enough to be genuinely useful in resolving day-to-day legal problems but

yet not as rigorously theoretical as a truly academic discipline ought to be.2

Legal Education shall meet the growing demands of the legal service market. Globalization

shall be borne in mind and lawyers skilled in dealing with different legal systems and cultures

created. Emphasis shall be on theoretical as well as practical skills to match the requirements

of expanding world of legal practice. Legal skills including negotiation, research, counseling,

advocacy, research publications, and analysis of judicial decisions shall be imparted. Legal

education in India is offered by the traditional universities and the specialized law

universities and schools only after completion of an undergraduate degree or as an integrated

degree.

1 S.P.Sathe, Access to legal education and the legal profession in India in R.Dhavan, N.Kibble andW.Twinner (ed.) Access to Legal Education and Legal Profession 165 (1989)2 Glendon, Mary Ann, Legal education, Encyclopedia Britannica Online, Web. 3 October 2015. <http://www.britannica.com/topic/legal-education>.

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AIMS OF LEGAL EDUCATION The prime object of legal education is to produce professional lawyers. The term

‘professional lawyer’ does not only cover the ‘litigating, lawyer, viz.,’ the lawyer who argues

before the ordinary courts but all persons trained in law, whose employment is mainly

dependent on their degrees in law. The aims of legal education are varied and have differed at

various times and places. It may be broadly aimed at understanding the functioning of law in

society, as a training for administrators and civil servants as much as for legal practitioners;

or it may be more narrowly aimed at training persons for legal practice. The aims, methods

and content of legal education have differed in different countries, affected particularly by

whether there were or were not professional schools concentrating on practical branches of

law, the relative importance of legal treatises and decisions of courts, the relative standing of

professors and judges and other factors.3 In the West, the legal studies have been much

concerned with the development of intellectual capacity in law rather than with inculcating

professional expertise. For the attainment of this ideal, attention should always be given to

jurisprudence, constitution, legal history and all other allied topics. Moreover, our firm belief

that law is a subject of study in colleges and universities and that it has nothing to do with at

the school level which is the grass-root level is quite unfortunate. 4

An eminent justice S.B.Majumdar pointed that one aspect of legal education seeks to impart

appropriate training which should be made available through professionals. It needs to enable

law student to think like a lawyer, to make him familiar with the basic concepts and

principles of law, and make him to learn the basic skills which are the tools of every lawyer.

Only a well-trained lawyer will help the court in the quick and proper disposal of cases, doing

justice to the litigating public and thus help his client too. The prime aim of legal education at

present day should be to transmit to the rising generation “the accumulated knowledge” about

the management of the legal process. The student should be enabled to gain a comprehensive

picture of his legal system. The basic aim should be more to inculcate knowledge of the

principles than detailed rules. 5 Thus, today the responsibility of legal education is very

heavy, as lawyers are meant to preserve the society and act as ‘healers’ and have to contribute

not only to their purse but more so to the happiness of the mankind as a whole. The Law

3Gandhi. B.M., V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History, Tenth Edition, Eastern Book Company. Print p.629.4 Ibid., at 630.5 Ravi, Priya, Legal Education & Its Aims, Legal Services India, 01 May 2010. Web. 04 October 2015. <http://www.legalservicesindia.com/article/article/legal-education-&-its-aims-126-1.html>.

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Commission of India has rightly summed up the whole aim of legal education in the

following words:

“All the theory in the world ill-equips the lawyer who has all the legal lore at his fingertips,

but doesn’t know how to draw a summon, a will, a deed or a bill of sale. Law schools furnish

their graduates with new, shiny, potent tools. Unfortunately, the average graduate has a little

knowledge of Law to use them as a two years child has of how to use a blow torch’’6

HISTORY OF LEGAL EDUCATIONIn India, the history of legal education can be divided into four phases- During a) Ancient

India, b) Mughal India, c) Britain India and d) Independent India.

I. LEGAL EDUCATION IN ANCIENT INDIA:

Law in India has evolved from religious prescription to the current constitutional and legal

system we have today, traversing through secular legal systems and the common law.

Knowledge of law increases one’s understanding of public affairs. The concept of legal

education traces its roots back to the Vedic Period when law was a part of ethics and religion,

of morals and values, of philosophy and consciousness. One can say that law is an applied

ethics. Legal historians record instances of legal practitioners indigenously known as

‘Pleaders’ or ‘Niyogis’ representing parties in litigation at least from the time of Manu

Smriti.

The concept of dharma, in the Vedic period, can be seen as the concept of the legal education

in India. Although there is no record of formal training in law, the dispensation of justice was

to be done by the king on the basis of a self-acquired training. Justice was also administered

by the King through his appointees who in turn were persons of known integrity and

reputation of being fair and impartial. The guiding force for the King or his appointee was the

upholding of the Dharma.7 Spiritually, it is believed that the life on the earth is regulated by

the laws of the Lord or the Divinity. It is 'rule of law', that draws the essential difference

between human society and animal world. It is the legal education that plays a pompous role

in promoting social justice. Education or awareness of laws, characterize the lawyers as

'Social engineers'.

6 XIV Report of the Law Commission of India (1958) Vol. 1, p 520.7 Dr. Justice A.S.Anand, H.L. Sarin Memorial Lecture: Legal Education in India — Past, Present andFuture, (1998) 3 SCC (Jom) 1.

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II. LEGAL EDUCATION IN MUGHAL ERA:

The Mughal period in India began with the invasion by Babar in 1525 and extended till

the ascendancy of British dominion in India. During this period the Emperor was the head

of the judiciary. As Islamic jurisprudence is derived from the Quran, it is treated as

immutable by any human agency. Further, the Sunna, which helped in explaining the

Quran also became a major source. A system of courts, following formal procedures, to

adjudicate criminal and civil cases, came to be established with Mughal rule. The

adoption of rules of evidence, introduced further complexities in administration and

seeking of justice. These changes in the legal system necessitated the involvement of

legal experts, who were addressed as Vakils. Also, two Mughal Codes, the Figh-e-Firoz

Shahai and the Fatwa-e-Alamgiri were adopted to deal with the duties of Vakil. Thus,

legal professionals began to play an important role in the administration of justice.

Though the Mughal legal system was extended mostly to the towns, in religious matters,

disputants were allowed to settle their disputes in accordance with their religious,

including Hindu, customs. Further, at the village level, Panchayats continued to exercise

their powers to adjudicate on most disputes except those involving serious crime.

However, an unsatisfied party could prefer an appeal from the decision of the Panchayat

before the court established under the Mughal law. 8

Thus, legal assistance became increasingly necessary as the administration of justice

became more complex. Further, such situation also meant that disputants without

sufficient financial resources were placed in disadvantageous situation. Thus, particularly

during the reigns of Muslim emperors Shahjahan and Aurangzeb, legal aid was provided

to financially weak disputants at no charge. The Vakil(s) appointed by the State for this

purpose were known as Vakil-e-sarkar. Though a system of third-party representation was

formalized in Mughal era, people who could function as such representatives do not

appear to have the required specialized legal education and there is no evidence of formal

legal education system.

III. LEGAL EDUCATION IN BRITAIN INDIA:

First concrete step in the direction of organizing legal profession was taken through

Regulating Act of 1773 which empowered to enroll advocates and Attorneys-at-law to the

8 Reforms in Legal Education in India: Emphasis on Clinical Education, Web. 4 October 2015. < http://shodhganga.inflibnet.ac.in/bitstream/10603/12649/7/07_chapter%203.pdf >.

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Supreme Court. The Supreme Court was established in Fort William in Bengal through a

charter issued in 1774. At that time Indian Lawyers had no right to appearance in the Courts.

The Bengal Regulation VII of 1793 which created for the first time a regular legal profession

for the company’s courts, which allowed the appointment of Vakils or native pleaders in the

courts of civil judicature in the provinces of Bengal, Bihar and Orissa. In 1861 three High

Courts were established at Calcutta, Madras and Bombay. At this time three bodies of

practitioners viz., Advocates, Attorneys and Vakils were in existence. Advocates were the

barristers of England or Ireland but the Vakils were Indian Practitioners. Legal Practitioners

Act, 1879, provided for enrolment to only those practitioners who had taken LL.B degree

from Indian Universities. Under Section 41, the High Court could dismiss any advocate or

suspend him from practice by giving an opportunity to defend him. Bar Councils Act, 1926

unified two grades of legal practitioners, the Vakils and Pleaders, by merging them in the

class of advocates. Thus, the history of legal education during British period reveals lack of

seriousness in offering quality legal education. There is no unified legal education system

prevailing during this period. Several differences in the duration of the course, subjects taught

and even the eligibility to undertake law course made legal education ineffective.

Portuguese entry to India brought their judicial system and legal concepts. The judicial

system in Goa from the entry of Portuguese i.e. 1510 to 1964 assumes importance as

Portuguese were the first to establish and the last colonial power to leave Indian shores.

Further, the Portuguese rule in Goa is different from British rule in the rest of the country as

the former entered Goa as a representative of Sovereign King as compared to the later who

entered the parts of India as a company of traders. Therefore, the administration of justice

was the responsibility of the King of Portugal right from 1510. Moreover, the judicial system

in Goa was based on continental jurisprudence as opposed to common law system followed

by British in the rest of India. As far as representation is concerned only the following two

persons were entitled to represent clients9- Bachelors formed or Licentiate in Law, and those

who have provision of license to practice advocacy.

Formal legal education in India came into existence in 1855 when the first professorship of

law was established at the Government Elphinstone College in Bombay and Madras and

Hindu College at Calcutta.  At that time the primary aim of legal education was to equip law

students so that they could help the lower courts and the High Courts in the administration of 9 Article 84, Advocates and Judicial Procurator Decree No. 14.453 of 1927.

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justice by enrolling themselves as Vakils or becoming judicial officers, and thus serve the

interests of the Administration. There was no tradition of legal research and academic legal

training. In the year, 1857 legal education was introduced as a subject for teaching in three

universities in the presidency towns of Calcutta, Madras and Bombay. Thus, a beginning of

the formal legal education was made in the sub-continent. The language of the British statutes

being English, so any Indian who learnt English could study law and was considered

qualified to practice the profession. At that time law classes were attached with arts colleges.

However, if one aspired to something higher, he could go to England and join the Inns court,

provided one could afford it.

IV. LEGAL EDUCATION IN INDEPENDENT INDIA:

When India gained its independence in 1947, its legal profession and legal teaching were not

able to play the role they ought. The politician, the economist, and the engineer were

expected to remake the society. The law was to assist in the form of public law and

administrative law, but private law and the legal profession claimed only a small and

marginal role in social change. Since independence, the situation has deteriorated further. In

1954, XIV [14th] Report the Law Commission (Setalvad Commission) of India discussed the

status of legal education and recognized the need for reform in the system of legal education

and made certain recommendations. After the year 1961 the Bar Council of India was

empowered to lay down standards of Indian Legal education. In 1967 this body established a

uniform three years LL .B Course with annual examinations and prescribed compulsory and

optional subjects to be taught at LL.B level. Most of these subjects were traditional topics and

there is no guidance relating to curriculum planning. It depicted a very gloomy picture of

legal education. It was only from 1958 that many universities switched over to three year law

degree courses.

The Advocates’ Act, enacted in 1961, became the focal point of the legal education system

presently in existence. The Bar Council of India Rules, inducted under The Advocates’ Act

1961, lays down the curriculum for imparting legal education throughout India and these said

Bar Council of India Rules have been governing the procedural aspects of legal education,

including, but not restricted to, the subjects to be taught, mode of examination to be

conducted, the various Degrees to be conferred on successful students and the like. It was

only by 1967, that it became onerous task for the three year law colleges to include

procedural subjects into the curriculum of their law school. Bar Council of India promulgated

rules regarding the apprentice of law graduate in the courts before becoming Advocate. But

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the Supreme Court has declared the above stated rules ultra vires in V. Sudeer v. BarCouncil

of India10.

In response to popular demand, the Bar Council of India published the Rules in its final shape

as applicable from 30 November 1998. The minimum qualification for being an advocate is

an LLB Degree, generally a three year course, which can be obtained after graduation in

other disciplines. A debate as to its efficacy in the recent past led to a proposal of a five year

integrated course after an intermediate (10+2) examination (from 1st class to 12th class - total

period of 12 years of study). The three year course itself came to be restructured into a

semester system and several papers came to be included and excluded as per the Bar Council

Guidelines. Hence, the Council today allows both the 3 year course and 5 year course to

continue. In India, a student can pursue a legal course only after completing an undergraduate

course in any discipline. However, following the national law school model, one can study

law as an integrated course of five years after passing the senior secondary examination.

CURRENT SCENARIO OF LEGAL EDUCATIONThe quality and style of Indian legal education that was prevailing in the first fifty years was

unsatisfactory. So obviously it did not attract first-class minds as students or as teachers.

Facilities, including the all-important library, are poor and not properly maintained. The

Indian law teacher had to cope with a low salary and a heavy teaching load; fifteen to

eighteen hours a week are normal for full-time lecturers. Whereas, if a good hard working

student works for 5-7years in a High Court or other court he earns a good handsome amount

at the end of the month. There is no established tradition of legal scholarship as an integral

part of a teacher's life and duties. On the other hand these teach could not participate in

different projects as an advisor to guide them legally. Indeed, with the heavy teaching load

and inadequate library facilities, such a tradition could hardly be supported. Many law

colleges have only a couple of full-time teachers; the rest are part-time (which tends to mean

no- time except for the classroom hours).11

Today Indian legal education is struggling in comparison to its counterparts across the world,

which belies the tremendous potential that the Indian legal profession can unleash in the years

10 AIR 1999 S.C.1967.11 Taylor von Mehren, Arthur, Law and Legal Education in India: Some Observations, 78 Harv. L. Rev. 1180, Harvard Law Review, April, 1965 Comment.

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to come. While India continues down its path of growth, it is essential that Indian education is

reformed so that ultimately the Indian legal profession is strengthened to take on the

challenges of the 21st century. Further, Indian legal education cannot be value creating only

for “top of the pyramid” law graduates but must have stringent minimum standards so that it

is transformational for all law students, irrespective of the law school that they choose to

graduate from. With more than 900 law schools across the country the task is a challenging

one; but the Bar Council of India is keen to ensure that these reforms are put in place, after

consultation with stakeholders.12

Scene of legal education at undergraduate level has changed to a very considerable extent

with emergence of National Law Universities and some State Law Universities. But the

situation in higher legal education has not changed much even in these law universities. Legal

literacy in its purest definition is ―the elementary knowledge of law and information about

the legal processes and not explicitly the in-depth advocacy. The facts and figures which

present the literacy rate in India are futile unless the subject is aware of the basic legal

knowledge. Such legal literacy should also be popularized amongst the youth in order to

safeguard the society against the atrocities of the executive without which all rights and

information would only be a set of feckless text. The drooping in the level of the Indian civil

society can be particularly accounted for as one of the reasons for condensing parameters of

the legal literacy. A legal-literate person knows about his rights-duties, his claim and

privileges and all needed information to fight the unwanted supremacy of the Executive in the

country. Because India is not build up with the bureaucrats who sit in their air-conditioned

offices but the farmers and the common man who choose them. Hence the need of the hour is

to strengthen the basic legal knowledge amongst the masses.

Article 45 of Indian Constitution says ― “The State shall endeavor to provide, within a

period of ten years from the commencement of this Constitution free and compulsory

education for all children until they complete the age of fourteen years.” But to utter bitter

surprise even after more than 60 glorious years of independence the MDM (Mid-Day Meal)

and other such schemes are also not enchanting enough to impart basic education leave

behind legal education.

12 Reform of Legal Education in India, Bar Council of India, Web. 4 October 2015. <http://www.barcouncilofindia.org/wp-content/uploads/2010/07/LegalEducationReformRecommendations.pdf>.

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IMPORTANCE AND REGULATIONS OF LEGAL

EDUCATIONIndia, the most populous democracy in the world, committed to the supremacy of rule of Law

and to development of an egalitarian, secular, social order through the instrumentality of

Law.13 From legal education we get knowledge of different laws like jurisprudence it sharps

and clear the concepts of lawyers and students of law. It helps in future when they enter in

courts for proceedings. A common misconception in our society is that in comparison with

science, technology and medicine, legal education is less technical. We can find that it was

the lawyers who gave leadership to most nations. For example, during the great American

Revolution of 1776, most of the American leaders were lawyers e.g. Thomas Jefferson, John

Adams, James Madison etc. In the great French Revolution of 1789, about two-thirds of the

members of the French National Assembly were lawyers, e.g. Robespierre, Danton etc. In the

American Civil War of 1861-65, the American President who led the nation to victory over

slavery was a lawyer-Abraham Lincoln. In the Russian Revolution of 1917, the leader of

Russia was Lenin who was a lawyer. In our own independence Struggle, most of the leaders

during that period were lawyers e.g. Mahatma Gandhi, Motilal Nehru, Jawaharlal Nehru,

Sardar Patel, CR Dass, Dr. Rajendra Prasad, Rajaji etc. The lawyers who gave leadership to

the nations and not doctors or engineers or teachers or other professionals. It is because of the

reason that those lawyers are intimately connected to the Society. Doctors deals with medical

problems, engineers deals with technical problems, teachers deals with academic matters etc.,

but it is lawyers who deals with the entire society.

Legal study promotes accuracy of the expression, facility in arguments and skill in

interpreting the written words, as well as some understanding of social values. So Law acts as

the cementing material of society and an essential medium of social change. A well

administered and socially relevant legal education is a sine qua non for a proper dispensation

of justice. Giving legal education a human face would create cultured law abiding citizens

able to serve as professionals and not merely as business men. It is pivotal duty of everyone

to know the law. Ignorance of law is not innocence but a sin which cannot be excused. Thus,

legal education is imperative not only to produce good lawyers but also to create cultured law

13 Menon, N.R. Madhava, A National Policy on Legal Education, Indian Bar Review, Vol. 8 (2) 1981, P.290.

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abiding citizens, who are inculcated with concepts of human values, legal ethics and human

rights.

REGULATIONS:

The Constitution of India basically laid down the duty of imparting education on the states by

putting the matter pertaining to education in List II of the Seventh Schedule. But it now forms

part of List III, giving concurrent legislative powers to the Union and the States. Legal

profession along with the medical and other professions also falls under List III (Entry 26).

However, the Union is empowered to co-ordinate and determines standards in institutions for

higher education or research and scientific and technical institutions besides having exclusive

power, inter alia, pertaining to educational institutions of national importance, professional,

vocational or technical training and promotion of special studies or research.

Empowered by the Constitution to legislate in respect of legal profession, Parliament enacted

the Advocates Act, 1961, which brought uniformity in the system of legal practitioners in the

form of Advocates and provided for setting up of the Bar Council of India and State Bar

Councils in the States. Under clause (h) of sub-sec (1) of Sec.7 of the Advocates Act, 1961

the Bar Council of India has power to fix a minimum academic standard as a pre-condition

for commencement of a studies in law . Under clause (i) of sub-sec (1) of Sec. 7, the Bar

Council of India is also empowered "to recognize Universities whose degree in law shall be

taken as a qualification for enrolment as an advocate and for that purpose to visit and inspect

Universities”. The Act thus confers on the Bar Council power to prescribe standards of legal

education and recognition of law degrees for enrolment of persons as Advocates. The

University Grants Commission has in the course of time evinced interest in improving legal

education and has taken various steps towards that end, through adequate funding, creation of

senior posts and other means.14

Taking the stock of situation the Bar Council of India started All India Bar Examination form

the academic year 2009-10 onwards for maintaining the standards of legal education in the

country and the regulation and setting of uniform standards across the nation. The legal

education which was one of the most important points referred to the Law Commission was

from time to time investigated into by several commissions and committees such as the 14 See 184th Report On The Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956, Law Commission of India, December, 2002.

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Calcutta University Commission (1917-19) the University Commission (1948-49), The

Bombay Legal Education Committee (1949), All India Bar Committee (1953), The Rajasthan

Legal Education Committee(1955). All of them were of the view that the prevailing system

of legal education in the country required improvement in various directions. The result of

such investigations of the above said commissioners and committees on legal education in

India was very aptly contrasted with the system functioning in Europe and America by

Radhakrishanan Commission.

CHALLENGES Half a century ago, the main purpose of university legal education in India was not the

teaching of law as a branch of learning and as a science but simply to impart to students a

knowledge of the black letter law, that is, certain principles and provisions of law to enable

them to enter the legal practice exclusively for local needs. Gradually this perception changed

and the process of reform in law and legal education was initiated. The real break came in

1990s when the new challenges posed by scientific and technological revolution and greater

interaction between nations, trade in goods and services, information technology and free

capital flow across international boundaries made the world a global village. Consequently,

the concept of “local practice” widened to that of “transnational practice” in the context of

globalization and opening up of most of the economies of the world. Never before in history

has the need for sound thinking and planning on all issues been felt so intensely as today.

Unless the topics of universal application are integrated into legal education in developing

countries, our lawyers and those of other countries would not be able to compete in the

transnational marketplace. In the present day, an innovative programme of integrated

interdisciplinary legal learning and in the new areas such as Comparative Law, information

technology, intellectual property, corporate governance, human rights, environment, and

international trade law, investment, and commerce, transfer of technology, alternative dispute

resolution and space is important. Comparative Legal education for professional excellence is

needed in these and other areas on a global basis.15

The present age Legal Education in India is not satisfactory. It requires medical changes. The

law in an instrument of change. It plays a very important role in the reconstruction of the

15 Devadas T.M., History of Legal Education in India, Stripped Law, 14 November 2010. Web. 5 October 2015. < http://strippedlaw.blogspot.com.tr/2010/11/history-of-legal-education-in-india.html>.

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society; our Constitution has given guarantee to its citizen‘s social, economic and political

justice. Challenges in legal profession are fast changing with the advent of 5 years integrated

courses, the MNC‘s offer for corporate legal employment has be opened widely. Very

handsome package is being offered to NLU pass outs. These fresher‘s discard the other

options, drying up options of becoming a bright lawyer. The Directive Principles of State

Policy as enshrined in the Constitution of India, attempt to transform society, social economic

and political aspirations of the people have changed.

RECOMMENDATIONSIndia needs a very vibrant and socially relevant legal education and professional institutions.

This would be possible only when innovative steps are taken in higher legal education and

research to make it globally relevant and prominent. Improvement in the quality of higher

legal education and legal research will go a long way in transforming India into a global

knowledge power in the coming years. The examination system of our universities is

defective. It is illusion. It is out dated and obsolete. It is hardly test or examination. Legal

Education requires special attention in the present context. It is evident from 184th Report of

Law Commission of India (2002) that the Commission made important contributions with

regard to standard of legal education in India. On the subject of legal education Hon’ble

Supreme Court Constituted 3- Members Committee to studying the situation of legal

education in India. The Committee gave important suggestions for revamping the status of

legal education in the country. In 2007, the National Knowledge Commission (NKC) was

constituted by Hon’ble Prime Minister under the Chairmanship of Dr. Sam Pitroda. The

working group of legal education was constituted by National Knowledge Commission and

the Group has made many important suggestions.

In order to make legal education more useful, purposeful and meaningful to the community in

general and the Law students, advocates, legislatures, judges, bureaucrats, administrators, and

law teachers in particular, the following suggestions deserve special attention:

It is pertinent to mention here that there is a need to check the entry of the non-serious

students to join law courses. There is also need to design and teach law courses in the

same way as other professional courses in medicine, engineering, architecture,

commerce etc. have been designed and are being thought to them.

Moreover, establishing judicial academies in the Law Schools. Judicial and decision-

making cannot be contained and taught with the regular legal study. Judicial skills are

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very different from the skills of that of a Lawyer. This must be understood and

attempts made to help students equip themselves with judicial skills as well.

It is strongly suggested that participation in legal literacy and legal aid should also be

made compulsory for all the law students, of thus making then improve in helping the

legal aid clients in courts. The law colleges should be linked with courts and there

should be co-ordination between lawyers, judges, law teacher and students. Law

students should compulsory attend the court seriously. The programme should be

organized to update the legal knowledge in collaboration with students, teachers,

lawyers and judges.

The important suggestion in this regard is awareness of legal education in the society.

To make people aware about their rights and duties it is very much imperative that

without legal education it could not be possible. Lok Adalats, legal aid programs now

a day are the part of the Statute but the basic root is the concept of legal education. So

proper emphasis should be placed on the field of legal education. The various

suggestions which have been made by Law Commission of India should be

implemented with latter and spirit.16

CONCLUSIONLaw is more a passion than a subject and law teaching should be done with passion, and

dedication. This would require a change in strategy in class room education as well as

practical training. A good law school should equip students for various opportunities that

exist in the legal job market, and this can be done only if a student is trained to acquire all the

essential skills required for a lawyer. It is beyond doubt that theoretical classes and for that

simulation exercises would not be fully able to inculcate such skills in the minds of law

students. These skills can be inculcated only if the students, who have been giving basic

training about legal theory, are involved in practical issues and actively encouraged to derive

solutions on their own. With all its merits the existing methods of teaching cannot help the

law students to get an in depth knowledge about the practical aspects of law. Though the

simulation techniques like Moot Courts, mock trials, client counseling sessions, drafting

16 Sharma, Tanuja, Legal Education in India- An Overview, Journal Of Legal Analysis AndResearch, Volume 2, Issue 1, March 2015.

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lessons etc would to an extent inculcate these skills, they are no match to the practical issues

learned from actual practice of law. Hence Law schools should give preference to

experiential learning than to class room teaching. Clinics set up in various subjects should be

used as a method to teach law students about the areas of practice. This should be uniformly

put to practice in all law schools of the country.17

India being a common law country has an advantage of having a legal system which is

similar to many other countries of the world. As a consequence, firms from other countries

visit the top law schools to handpick talent. Legal education is an investment, which if wisely

made will produce most beneficial results for the nation and accelerate the pace of

development. These are few suggestions for achieving a country for which we dream every

day and night. The legal Education and the profession have to care for the invisible man. The

Advocate has to become socially more relevant and technically very sound if he has to

survive and serve the needs of the society in the 21st Century.18

REFERENCESBOOKS:

V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History by

B.M.Gandhi, Tenth Edition, Eastern Book Company, Lucknow.

S.P. Sathe, Access to Legal Education and the Legal Profession in India, (Rajeev

Dhavan Ed., Butterworths, London, 1989).

ARTICLES:

A.S. Anand, Legal Education in India - Past, Present and Future, 3 S.C.C. (Jour.) 1

(1998).

REPORTS:

Law Commission of India, 14th Report on Reform of Judicial Administration (1958).

17 Global Legal Education And India Law Essays. Law Teacher. LawTeacher.net, November 2013. Web. 6 October 2015. <http://www.lawteacher.net/free-law-essays/educational-law/global-legal-education-and-india-law-essays.php?cref=1>.18 Dr. Ranbir Singh, Director, NALSAR, Reforms in Legal Education and Legal Profession in India, Andhra Law Times 1998 (6) 95: 15-18.

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Law Commission of India, 184th Report on the Legal Education and Professional

Training and Proposal for Amendments to the Advocates Act 1961 and the University

Grants Commission Act 1956.

WEBSITES:

http://www.barcouncilofindia.org

http://lexreporterindia.com

http://lawcommissionofindia.nic.in

http://sarins.org

http://www.indiaeducation.net

http://www.lawteacher.net

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