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SEBI.S
GOVT. LAW COLLEGE,
ERNAKULAM
EVOLUTION OF
LEGAL EDUCATION IN
INDIA: DIFFERENT PHASES
EDUCATION
• Education is a radiance that shows
the mankind the right path to move
forward. The purpose of education is
not just making a student literate but
to develop rationale thinking,
enhances knowledge and self
sufficiency.
• Educational methods include
teaching, training, storytelling,
discussion and directed research.
WHAT IS LEGAL EDUCATION ?
• The encyclopaedia of
education defines legal
education as a ‘skill for
human knowledge which
is universally relevant to
the lawyer’s art and
which deserve special
attention in educational
institution.’
Legal
education
• 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 or business.
• Legal education makes
lawyer an expert who
pleads for all like the
doctor who prescribes for
all, like the priest who
preach for all and like the
economist who plan for all.
LEGAL
EDUCATION
Legal education
is the
preparation for
the practice of
law.
Law is a special
calling demanding
high quality of
study and research
and commitment
to the cause of
justice.
Law is the
foundation of
every society or
a nation. Legal
Education of the
people is a sine
qua non.
Legal Education does
not only create law-
abiding citizens, but
also produces brilliant
academicians,
visionary judges,
astounding lawyers,
and awe-inspiring
jurists.
• Legal education in India generally
refers to the education of lawyers
before entry into practice.
• Legal education derives its impetus
from the economic, social and
political set up of the society.
• Legal education is a human science
which furnishes beyond techniques,
skills and competences the basic
philosophies, ideologies, critiques,
and instrumentalities for the creation
and maintenance of a just society.
HISTORICAL
DEVELOPMENT
OF LEGAL
EDUCATION
• The history of law links
closely to the development
of civilization.
• Early Western legal
education emerged in
Republican Rome.
• Initially those desiring to be
advocates would train in
schools of Rhetoric.
• Around the third century
BCE Tiberius Coruncanius
began teaching law as a
separate discipline.
• His public legal instruction
created a class of legally skilled
non-priests or jurisprudents.
• Coruncanius allowed members
of the public and students to
attend consultations with
citizens in which he provided
legal advice.
• After Coruncanius' death,
instruction gradually became
more formal, with the
introduction of books on law
beyond the then scant official
Roman legal texts.
• Canon and ministerial law were studied in
universities in medieval Europe.
• However, institutions providing education in the
domestic law of each country emerged later in the
eighteenth century.
• In England, legal education emerged in the late
thirteenth century through apprenticeships. The
Inns of Court controlled admission to practice and
also provided some legal training.
• English universities had taught
Roman and canon law for some
time, but formal degrees
focused on the native common
law did not emerge until the
1800s.
• Even from common roots, the
United States and the United
Kingdom developed very
different systems for preparing
lawyers for practice.
HISTORICAL
DEVELOPMENT
OF LEGAL
EDUCATION IN
INDIA
CAN BE
STUDIED UNDER
THREE HEADS
• LEGAL EDUCATION
DURING THE PRE-
COLONIAL ERA.
• LEGAL EDUCATION AND
ITS DEVELOPMENT IN
COLONIAL ERA.
• LEGAL EDUCATION IN
POST COLONIAL ERA.
LEGAL
EDUCATION
DURING
THE PRE-
COLONIAL
ERA
• India has a recorded legal
history starting from the
Vedic ages and some sort of
civil law system may have
been in place during the
Bronze Age and the Indus
Valley civilization. Law as a
matter of religious
prescriptions and
philosophical discourse has
an illustrious history in
India.
• In examining the trends in
legal education in the pre-
colonial era, this part
highlights two important
periods, namely
• Pre-Mughal and Mughal.
• These two periods
represent distinct religious
ideologies with peculiar
features which influenced
the society's perception of
law and need for trained
legal professionals.
PRE-MUGHAL ERA
VEDIC
PERIOD
• Legal Education in India could be traced from as
early as the Vedic age, when it was essentially
based on the concept of Dharma and Karma.
• However, there is no hint of any formal legal
education offered at that time.
• The training in law was self-learning and mostly
the kings themselves dispensed justice.
Occasionally, judges were appointed to
administer justice.
• These judges were not formally trained in
administration of justice but were well known
for their “righteousness and justness" and for
following Dharma.
VEDIC PERIOD
• The concept of dharma,
in the Vedic period, can
be seen as the concept
of the legal education
in India.
• The Vedas /sruti were
the original sources of
law, and the smritis
announced the
message of the Vedas.
• Smritikars were great
jurists, although there
is no record of formal
training in law.
VEDICPERIOD
• VEDA/SRUTI means "what is
heard".
• The word is derived from the root
“shru” which means ‘to hear’.
• In theory, it is the primary and
paramount source of Hindu law and
is believed to be the language of the
divine revelation through the sages.
• It is believed that the rishis and
munis had reached the height of
spirituality where they were revealed
the knowledge of Vedas.
• It is derived from the root “vid”
meaning ‘to know’. The term Veda is
based on the tradition that they are
the repository of all knowledge.
There are four Vedas
Rig veda
Yajur veda
Sama veda
Atharva veda
• Vedas do refer to certain rights and duties,
forms of marriage, the requirement of a
son, exclusion of women from inheritance
and partition but these are not very well
defined.
• Since Vedas had a divine origin, the society
was governed as per the theories given in
Vedas and they are considered to be the
fundamental source of Hindu law. Vedas
basically describe the life of the Vedic
people.
SMRITHI
• Smriti means "what is remembered".
• Smritis are written memoir of the knowledge of the
sages. Many sages, from time to time, have written the
concepts specified in Vedas.
• A systematic study and teaching of Vedas started with
Smritis and after the Vedic period, the regulation of
society was through these literature.
• Thus, the study of Vedas and the incorporation of local
culture and customs became important. It is believed
that many Smritis were composed in this period and
some were reduced into writing, however, not all are
known.
Smriti
• The Smritis can be divided into two:
Dharmasutras
Dharmashastras
DHARMASUTRAS
• The Dharmasutras were written
from 800 to 200 BC. They were
mostly written in prose form
but also contain verses.
• They were considered as a
training manual of sages for
teaching students which
contained the knowledge of
Vedas with local customs.
• They explain the duties of men
in various relationships.
• They are generally known by
the names of their author.
Some of the most popular Dharma-
sutras are:
Gautama
Baudhayan
ApastambaVashista
Vishnu
DHARMASASTRAS
• The Dharmashastras (or Dharmasastras) are the ancient
law books of Hindus, which prescribe moral laws and
principles for religious duty and righteous conduct for
the followers of the faith.
• They formed the guidelines for their social and religious
code of conduct .
• Hindu rulers enforced the laws as part of their religious
duty.
• Dharmashastras throw considerable light
upon the social and religious conditions of
ancient India, family life, gender and caste
based distinctions, and principles of
ancient jurisprudence.
• Dharmashastras contain rudiments of
many principles and practices of social and
religious aspects of modern Hindu society.
• Dharmashastras were mostly in
metrical verses and were based on
Dharmasutras.
• The works of the Dharmashastra have
played a significant role in influencing
Hindu culture and law.
• Dharma being the central idea of the
Hindu religion, separate training akin
to modern legal education was not
felt to be necessary.
Dharmasasthra dealt with the
subject matter in three parts
• Aachara - This includes the theories of religious
observances.
• Vyavahar -This includes civil law.
• Prayaschitta- This deals with penance and expiation.
In fact, the shastras were still being cited in cases of legal
contracts as late as the mid-19th century in some regions of
India.
MOST IMPORTANT
DHARMASASTRAS
Manusmriti
Yajnavalkya
Smriti
Narada Smriti
MANUSMRITHI
Manusmrithi is unique
amongst dharmashastras as
it presents itself as a
document that compiles and
organises the code of
conduct for human society.
• Manusmriti, translated as "The Laws of Manu"
or "The Institutions of Manu," is the most
important and authoritative Hindu Law Book
(Dharmashastra), which served as a
foundational work on Hindu law and
jurisprudence in ancient India.
• Life in India during this period was simple and
the form of judicial procedure was less
complicated than that of western countries.
• During the ancient period, legal
disputes were settled by
mediation, negotiation and
some form of arbitration.
• The notion of Dharma was not
confined to religion, but was
understood to have two facets;
• religion and
• law
MUGHALERA
• 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.
• A system of courts, following
formal procedures, to adjudicate
criminal and civil cases, came to
be established with Mughal rule.
MUGHAL CODES
• There were two Mughal Codes
The Figh-e-Firoz Shahai The Fatwa-e-Alamgiri
• 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.
• 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 religion, including Hindu
customs.
COLONIAL
ERA
• Britishers came to this country for the
purpose of trade, which they started
through a company popularly known
as East India Company formed in 1600
in England.
• First British court was established in
Bombay in 1672 by Governor Gerald
Angier.
• The first Attorney General appointed
by Governor was George Wilcox who
was acquainted with legal business
and particularly in the administration
of estates of deceased persons and
granting of probate.
• First concrete step in the direction of
organising legal profession was taken through
Regulating Act of 1773 which empowered to
enrol advocates and Attorneys-at-law to the
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 position was same when the Supreme
Courts with the same jurisdiction and power
were established at Bombay and Madras later.
• 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.
• It was in 1794 that one of the first Sanskrit
texts, Manusmrithi was translated into
English, by Sir William Jones, and was used to
formulate the Hindu law by the British
colonial government.
ESTABLISHMENT OF UNIVERSITIES
• Legal Education in India was formally introduced as a
subject of teaching with the establishment of three
Universities in the Presidency Towns of Bombay,
Madras and Calcutta in the year 1857.
• These Universities were established in the pattern of
London University, on the recommendations of Woods
Education Dispatch (1854) appointed by the King in
Britain to suggest the measures for creating a higher
education system in India.
• It may be said as beginning of higher education as
well as Legal Education in India.
ESTABLISHMENT
OF HIGH
COURTS
• In 1862 three High Courts were
established in 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.
• According to Clause 19 of Letters
Patent 1865 of the High Court of
Calcutta empowered the court to
approve, admit and enrol
Advocates.
• At that time the 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 justice by enrolling themselves as
Vakils or becoming judicial officers, and thus serve
the interests of the Administration.
• 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.
Indian
Universities
Act, 1904
• On the recommendation of Raleigh
Commission, Indian Universities Act, 1904
was passed. This is the first statutory
instrument for regulating and strengthening
the higher education system in India.
• It addressed to many issues such as norms
for recognition of institution of higher
education, norms for curriculum, standard
for teaching and infrastructural
requirements necessary for universities and
colleges.
• After the enactment of 1904 Act, many new
universities and colleges in the country were
established as per the norms laid by the
Indian Universities Act, 1904.
• Newly established universities also
recognised law as a discipline for study and
started imparting education.
Bar Councils Act, 1926
Bar Councils Act, 1926
unified two grades of legal
practitioners, the Vakils and
Pleaders, by merging them
in the class of advocates.
It also provided for making
rules for giving facilities of
legal education and
training.
PORTUGUESE
IN GOA
• Portuguese entry to India
brought their judicial
system and legal concepts.
• From 1510 to 1961,Goa
was under the Portuguese
rule.
• There was no formal legal
education required to
enter into legal profession
in case of Licentiate of law.
• As far as Bachelors are concerned,
legal education was offered in Lisbon
University, Portugal. Therefore, it is
safe to assume till Goa was freed
from the Portuguese rule, the legal
education was neither introduced nor
institutionalized in Goa.
• Even after Goa become part of India,
legal education was offered in Goa
only after 1973 when the first Law
College was established at Panaji.
POST COLONIAL ERA
• With the independence of the country, legal education
acquired importance, as rule of law became a
fundamental doctrine for the governance of the country .
• With the changing complex of law and social needs,
there felt a greater need for change and reform in the
structure and pattern of legal education.
• The ethos of legal education was required to undergo a
change to fit in with the constitutional philosophy of
ushering in the socio-economic transformation of the
society.
Education Commission 1948
• The commission, namely “Education Commission” is
popularly known as “Dr. Radhakrishanan Commission”.
• The noted educationist Dr. S. Radhakrishanan was
appointed as its Chairman.
• The Commission in its report noted the pathetic situation
of universities and colleges in India and submitted a
Comprehensive “Report” to the Government of India for
strengthening and streamlining the higher education in
the country.
• The decline in standards of legal
education and with that the decline
in the prestige and image of the
legal profession became a cause of
concern.
• Dr Radhakrishnan lamented that
"our colleges of law do not hold a
place of high esteem either at
home or abroad, nor has law
become an area of profound
scholarship and enlightened
research."
All India Bar
Committee,
1951
• In 1951, the All India Bar committee was
constituted under the chairmanship of
Justice S.R.Das.
• The committee in its report recommended
the establishment of an All India Bar
Council and State Bar Councils.
• It recommended the powers of enrolment,
suspension or the removal of advocates to
the Bar Council.
• It recommended that a common roll of
advocates should be maintained and they
should be authorized to practice in all
courts in the country.
• It further recommended that there should
be no further recruitment of non-
graduated pleaders or mukhtars.
• Similar recommendations were made by
the fifth Law Commission of India in its
fourteenth report.
14th Report
of the Law
Commission
of India,
1958
• It is observed that law courses
emphasized practice and case law
over the science and principles of
law.
• The absence of scientific study of
law and a lack of research
publications undermined the
importance of the study of law as
a branch of learning.
• The Commission minced no words
in exposing the deteriorating
standards in the legal education in
the following paragraph;
• "There are already a plethora of LL.B's
Half-baked lawyers, who do not know
even the elements of law and who are let
loose upon society as drones and
parasites in different parts of the country.
As a member of the Union Public Service
Commission, I have had occasions to
interview several first class graduates of
law from different Universities. Several of
them did not know what subjects were
prescribed either in the first or second
LL.B; did not know the names of the books
prescribed. This is a shocking thing this is
what may truly be described as mass
production of law graduates.”
• The Law Commission presided over by Shri
M.C. Setalvad in its report (14th Report) on
"Reform of Judicial Administration", in 1958
while assessing the standards of legal
education obtaining in the country said-
‘’In the period of about ten years which has
elapsed since the publication of the
Radhakrishnan Commission, the position in
regard to legal education in this country
has, it appears, definitely deteriorated."
CONSTITUTIONAL PROVISIONS
• 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.
• Through the 42nd Amendment Act of 1976 education was
transferred from State list to Concurrent list. Legal profession
along with the medical and other professions also falls under
List III.
• It should be noted that there is no specific entry in Schedule VII
to the Constitution of India that deals with legal education.
• Taking note of an urgent need to bring about reforms in the
university education generally, Parliament, in exercise of its
legislative power under Entry 66 of List I enacted the
University Grants Commission Act, 1956.
The
University
Grants
Commission
Act, 1956
• Is an Act to make provisions
for the coordination and
determination of standards
in Universities.
• The UGC Act provides that it
shall be the general duty of
the Commission to take all
such steps as it may think fit
for the promotion and co-
ordination of University
education and for the
determination and
maintenance of standards of
teaching, examination and
research in the universities.
University
Grants
Commission
1956
• The University Grants
Commission (UGC) was
established as a
statutory body in
November 1956 under
an Act of Parliament,
the University Grants
Commission Act, 1956.
• The University Grants
Commission acts as an
umbrella organization
for all institutions of
higher education.
The UGC’s
mandate
includes:
• Promoting and co-
ordinating University
education.
• Determining and
maintaining
standards of
teaching,
examination and
research in
Universities.
• Framing regulations
on minimum
standards of
education.
• Monitoring
developments in the
field of collegiate and
University education.
The UGC’s
mandate
includes:
• Disbursing grants to
the Universities and
colleges.
• Serving as a vital link
between the Union
and State
Governments and
Institutions of higher
learning.
• Advising the Central
and State
Governments on the
measures necessary
for improvement of
University education.
The
Advocates
Act, 1961
• As a result of the report of the "All
India Bar Committee Act, 1961 " the
Advocates Act, 1961 came to be
enacted by Parliament by virtue of
its powers under Entries 77 and 78
of List I of the Constitution of India.
• It brought Revolutionary changes in
the legal profession in India. It was
set out to achieve the utility and
dignity of the profession of law on
an all India basis.
• The Bar Council of India Rules,
inducted under The Advocates Act 1961,
lays down the curriculum for imparting legal
education throughout India.
• The Bar Council of India is a statutory
body established under section 4 of the
Advocates Act 1961 that regulates the
legal practice and legal education in India.
BAR COUNCIL OF INDIA
• The Bar Council of India as the apex professional body concerned
with the standards of the legal profession.
• BCI is the pioneer for structuring the Legal Education System in
India as it exists today.
• As the Constitution of India created a uniform judicial system,
concerns were raised in several meetings and conferences
stressing the need for an all-India Bar and uniform system of
regulating the legal profession.
• The BCI was the first to lay down the standards in terms of
system, classroom teaching, practical training and skill, court
visits, moot courts, legal aid work, and other practical training
programs for law students.
The Bar Council of India further
established three supplementary organs
to achieve its statutory mandate.
• Legal Education Committee
• Bar Council of India Trust
• Directorate of Legal Education
LEGAL
EDUCATION
COMMITTEE
• The BCI established Legal Education
Committee under Section 10 (2) (b) of
the Advocates Act, 1961.
• Justice A.P. Mishra, Former Judge,
Supreme Court of India is the present
Chairman of the Legal Education
Committee.
• The Legal Education Committee consists
of five members of the Bar Council of
India and five opted members to
represent the judiciary, the Law Ministry
and the University Grants Commission.
• This committee makes
recommendations to the Bar Council of
India on all matters pertaining to legal
education in the country.
The Powers of Legal Education Committee :
• To make recommendations to the Council for laying down the
standards of legal education for Universities.
• To visit and inspect Universities and report the results to the
Council.
• To recommend to the Council the conditions subjected to
which foreign qualification in law obtained by persons other
than citizens of India may be recognized.
• To recommend to the Council for recognition of any degree in
law of any University in the territory of India.
• To recommend the discontinuance of recognition of any
University already made by the Council.
BAR
COUNCIL OF
INDIA TRUST
• In addition to prescribing the
standards for legal education, the
BCI created ‘The Bar Council of
India Trust’ as a public charitable
trust on 27th April, 1974.
• This Trust was created to maintain
professional standards and to effect
improvements in legal education.
• Trust was intended to establish Law
Schools of excellence and to
promote legal research.
Other
objectives
• To render legal aid to the
poor.
• To publish law reports,
text books and case
books for students
undergoing legal training.
• To offer scholarships to
deserving students.
• To promote welfare of
the members of the
profession.
• The Bar Council of India Trust organizes various academic
workshops for advocates under its continuing education
program.
• The purpose of these workshops is to help in updating
knowledge and skills of practicing lawyers, and promoting
specialization in professional services.
• To promote advocacy skill of the law students, the Trust
organizes National Level Moot Court Competition every year.
• This moot court competition was started in the year 1981.
DIRECTORATE
OF LEGAL
EDUCATION
• The Bar Council of India, established a
Directorate of Legal Education in 2010
for the purpose of organizing, running,
conducting, holding and administering
continuing Legal Education.
OBJECTIVES.
• Imparting Teachers Training.
• Provide advanced specialized
professional courses.
• Educational Program for Indian students
seeking registration after obtaining Law
Degree from a Foreign University.
• Organizing seminars and workshops.
• Legal Research .
• Any other assignment that may be
assigned to it by the Legal Education
Committee and the Bar Council of India.
The Bar
Council of
India has
various other
committees
• Executive Committee.
• Disciplinary Committee.
• Advocate Welfare
Association.
• Legal Aid Committee.
• Building Committee.
• Rules Committee.
AllIndiaBar
Committee
• The Government formed the All
India Bar Committee under the
chairmanship of the Judge of the
Supreme Court.
• The Committee recommended
the establishment of State Bar
Council for each State and an All
India Bar Council at the National
Level as the Apex Body for
regulating the legal profession.
STATE BAR
COUNCIL
• The State Bar Councils are
statutory bodies established
under Section 3 of
the Advocate’s Act , 1961.
• State bar councils were set up
as different councils for the
States and Union territories
of India.
• They act as regulatory
bodies, making rules for the
legal profession and
education in their respective
States.
• Section 6 of the Advocate’s
Act , 1961 also lays down the
functions to be performed by
the State Councils in their
respective states.
Bar Council
of India
Rules, 1965
• In furtherance of section
49 of Advocates Act, 1961,
the BCI framed Bar Council
of India Rules, 1965
wherein Chapter- IV
exclusively deals with
minimum standards of
legal education.
• These rules were amended
from time to time to
improve the standards of
legal education in India.
THREE
YEAR
DEGREE IN
LAW
• Degree in law was initially
introduced as a Two-year
degree course by the Indian
Universities.
• In 1962, following BCI orders,
all Universities imparting legal
education changed over from
the two-year to the three-year
program in law and revised the
curriculum as prescribed by the
BCI.
• But some universities also
offered simultaneously a two-
year academic degree course in
law.
• Academic degree holders were not entitled for
the registration as an advocate under the
Advocates Act, 1961 and hence were not
allowed to practice in any court of law.
• Later two years academic degree courses
were discontinued by the Universities
imparting formal education as there is no
provision for the same in the Bar Council of
India Rules.
• However, some open Universities are still
offering a two-year academic law course,
namely, Bachelor of General Laws (BGL).
CHANGING
DIMENSION
OF LEGAL
EDUCATION
IN INDIA
• Law as a profession and legal education
as a discipline was not a popular choice
of the students in India prior to the
introduction of five-year law course,
most of the students who performed
well in their intermediate exam aspired
to study medicine, engineering,
computers, business management and
accounting.
• After the enactment of Advocates Act,
1961, it was noticed that there was
mushroom growth of sub-standard law
schools, with hardly any regard to the
quality of the legal education.
• Admission to these law schools was easy, minimum marks prescribed
for eligibility for admission to the law courses were as low as 33 to
40% and the result was that thousands of students became eligible
and all of them, including last eligible candidate got admission. A
student who cannot get admission to any other course would join law
course.
• The quality of teaching in these law schools also left much to be
desired.
• Most of the law schools and colleges had only part-time teachers and
there was hardly any commitment of the teaching staff to the cause
of legal education.
• In many law schools there were more “absentees” than “present”.
The administration of many of such law schools encouraged
absenteeism.
REFORMING
LEGAL
EDUCATION
• In early 70's, the BCI decided to adopt
a new pattern of legal education in
India.
• In 1975, the BCI recommenced that no
student shall be admitted unless he
has secured 40% aggregate for day
classes and 50% for the part-time
course in the evening in qualifying
examination.
• Admission to the course should be by
means of viva-voce test before a Board
appointed for the purpose.
• Medium of instruction should
ordinarily be english and it should be
included as a subject in the first year.
• Law Colleges should provide instructions on weekdays for
minimum 3 periods of one hour duration. New colleges
should obtain permission from the BCI before starting the
institution.
• Further, the BCI directed that all the Law Colleges affiliated
to the Universities should, by the end of three years, be
independent Law Colleges and should cease to be
departments attached to colleges for instruction for grant of
law degrees.
• Due to several objections from the Law Colleges, the BCI
removed the rule that the admission to the course should
be by means of viva-voce test before a Board.
• The Chairman of Bar Council of India
also lamented about the vice of
absenteeism amongst the students of
law colleges.
• In 1993, on the basis of resolution
passed in Chief Justices’ Conference
1993, the Hon’ble Chief Justice of
India constituted a three member
committee under the chairmanship
of Mr. Justice A.M. Ahmadi to suggest
appropriate steps to be taken for the
reforms in the legal education.
OBSERVATIONS OF AHMADI COMMITTEE.
• The general standard of the law colleges in the country
and of the students was deteriorating day by day.
• The standard of the new entrant into the Bar leaves
much to the desire.
• The syllabus of the law colleges was very unsatisfactory
and the teaching standards were equally bad.
• There was lack of discipline in law colleges.
Some
remedial
measures
Taking serious views on aforesaid
problems the committee suggested some
remedial measures;
• It was suggested that there should an
entrance examination and students with
high percentage of marks should be
selected for admission to a law college.
• Permission to start new law colleges
should not be given without proper
evaluation of teaching faculty and other
facilities.
• There should be a proper evaluation of
the answer scripts in the examination.
• The student should be trained to draft
pleadings at the college level.
• The standard of English should also be
included.
CURRICULUM DEVELOPMENT
COMMITTEE
The CDC appointed by Bar Council of
India has identified the existing problems
and challenges in Legal Education:
• Non-availability of qualified (LL.M. with
NET qualified) faculty especially in semi-
urban and rural areas.
• Austerity in the State resource to fund
legal education, and non-availability of
faculty for want of funds from the sate
government once a faculty member
retires.
• Non-availability of infrastructure, most
Law Schools being using building facilities
of other faculties/ Institution.
• Inadequate library facilities.
• Non-availability of opportunities to serve under
internship.
• Non-availability of legal practitioners to teach
procedural subjects.
• No funding/ inadequate funding by UGC for legal
education.
• Inadequate and improper faculty improvement
program.
• Non-availability of UGC/ State sponsored scale of pay
available to faculty of Law Schools/ college.
• Inadequate opportunity for engagement/ employment
at the end of the course.
• The Bar Council of India, UGC
and the Government of India
has given serious thought for
reforms in Legal Education in
the country and many
initiatives have been taken
for improvement in the legal
education in the Country.
These initiatives have given a
new dimension to the legal
education in India. They are -
1. Introduction
of Five-year
Integrated Law
Course
• The committee and the legal
education committee of the Bar
Council of India proposed
introduction of a Five-year course
in law after the +2 stage through
an all India examination.
• The chairman of the UGC through
a letter to the committee in the
year 1994 also given its assent for
introducing a five-year-course in
law by sponsoring the National
Law School of India University at
Bangalore.
• This National Law School of India
was established as the laboratory
for experiment, noble in several
ways in higher education. It was
the beginning of five year
B.A.,LL.B. (Hons.) course in India.
• The popularity and success of the National
Law School of India University, Bangalore has
given impetus to the establishment of other
National Law Schools on similar patterns and
presently there are 23 National Law Schools
in the Country in different States.
• Education in law is treated as branch of
philosophy in these Institutions and aims at
achieving not only learning but also its
application with professional skill.
• Here ‘law is not a logic merely; it is life’s
experience’.
• The courses of study have been so
designed as to have the goal,
objective, method and ability to
totally integrate multi-disciplinary
under-graduate curricula with legal
education so that it usefully blends
itself with other branches of
knowledge.
• The institution aims at not only
satisfying the needs of education and
research in the field of law but also
meeting the needs of advanced
training and applied research.
• Overwhelming response to five-year-law
courses offered by the National Law School
resulted in introduction of such five-year-
law course by other universities also.
• Now many universities are running parallelly
a three-year-course in law and five-year-
course in law.
ONE YEAR
APPRENTICESHIP
RULE
• In 1994, the Bar Council of India
introduced the one-year training rule
after graduation as per
recommendations of the Ahmadi
Committee.
• The Committee has recommended
that every law graduate undergo one
year of training under a senior lawyer
with a minimum of 10 years
experience at the District Court or High
Court.
• Students were to work for three
months in a trial civil court, three
months in a Magistrate's Court, and at
least six months in a District Court.
• To enter the Bar, the students would
need to obtain a certificate from the
senior lawyer, in whose office they
worked, describing that they were fit to
enter the Bar.
• These conditions were to be made mandatory. After
fulfilling these conditions, students were required to appear
for an examination for entry to the Bar; without these
formalities a law student would not be eligible to sit for the
Bar Council examination.
• The Committee (Ahmadi committee) also recommended
that students should secure at least 50 or 60 percentage
marks at the Bar Council examination to become eligible to
practice at Bar.
• After reviewing these
recommendations of Ahmadi
Committee report, 1994, the BCI
introduced a one-year training rule
while it discarded the suggestion of
entrance examination.
• However, the BCI received a setback
when this rule was challenged in the
Supreme Court in V. Sudheer v. Bar
Council of India.
• In V. Sudheer v. Bar Council of India & Anr,
on 15 March, 1999 the Supreme Court
struck down the rule as ultra vires to the
Advocates Act and held that the Bar Council
of India is not competent to pass such a
rule. Such a rule can be introduced only by
the legislature.
2.Moot Court
Competition
• The skill of presenting, appropriate
and logical responses to the
spontaneous queries of Judges and
the art of advocacy are important
in order to become a successful
lawyer.
• Moot Court is an artificial court
wherein an atmosphere of court is
created in the classroom of a law
college itself, the Law students
argue hypothetical case, as if they
are arguing actual case before the
court on behalf of their clients.
• The Law students are trained before
presenting the case before a Moot Court
about the mannerism of the Court.
• The students are trained in this manner to
present the case with confidence and
clarity before the Judges.
• National Law Schools and most of the
Universities imparting five years integrated
degree course, now organising Moot Courts
Competition on regular basis.
3.Internship
Programmes
• During vacations/ Semesters breaks
students are required to do
“Internship” of minimum four
weeks with any lawyer, law firms,
NGO working in the field related to
law, legal aid authorities or legal
section of any corporate house to
attain real exposure.
• Internship programmes are
intended to train and mentor young
people curious about a profession.
• Interns in these organisations are
groomed by the experienced
professionals.
4.Legal Aid
Clinics
• Many Universities and Institutions
conduct “Legal Aid Clinics” for legal
awareness of the down-trodden
society living in villages and slum
areas in the city.
• Students along with faculty
members organise Legal Aid Clinics
in such areas.
• People are made aware of their
legal rights. It also help in rendering
legal services of basic nature like
legal advice, drafting of petitions,
representations, notices, replies,
applications and other documents
of legal importance.
• Thus the students are able to
understand the actual legal
problems of the masses.
5.Projects
• Law schools assign projects on
different legal aspects in each
semester to the students as a
partial fulfilment to the
requirement of their degree.
• Projects on the assigned topics
are prepared and submitted by
the students and after
evaluation of the same, merit
and shortcoming of each project
is discussed in the classroom so
that every student may be
aware with the topic discussed.
6. Seminars/ Lectures
• In order to keep the students aware with the latest
developments on a legal aspects, seminars/ Lectures
on different legal aspects are organised by the law
schools in which eminent professionals are invited to
give lectures.
• Students also participate in the seminars by
presenting a paper on the theme of the seminar.
6. Law
Journals
published
by the Law
Schools
• Many national law schools are
bringing out their own academic
journals continuing scholarly
articles on different aspects of
law.
• Students of the law school are
also nominated in the editorial
committee of such journals.
• Their active participation in
publication of selected scholarly
articles give them
encouragement for scholarly
writing.
• It helps in developing the writing
skills of the students and
enhancing the research skills in
the field of law.
7. Library
Facilities
• CDC Committee of Bar Council of India
while identifying the problems and
challenges in the area of Legal
Education observed that inadequate
library facilities in the then existing
law colleges is heavily responsible for
deterioration in standard of legal
education.
• All the National Law Schools have
established library with rich collection
which are open till late at night.
• Students after the classes use the
library till late hours for completion of
their projects, preparation of notes
etc.
• This resulted in the improvement in
the standards of teaching and learning
in law schools.
• Computerisation has become a necessity
in education and research and so in legal
research.
• It is because of this reason that the
National Law Schools and many other
modern law schools have established
large cyber labs in their libraries.
• Free Wi-Fi facilities for providing Internet
facility and legal databases have been
provided in such Cyber Labs so that
students may carry out legal research
through e-resources.
• Recognizing the importance of e-access
for education and research, every
National Law Schools and other college
provide free Wi-Fi facility in the campus,
so that students may have the Internet
access in their hostel rooms or anywhere
in the campus for their academic pursuit.
8. Cyber
Labs & Free
Wi-Fi
9. Compulsory
Hostel
Requirement
• Like many professional disciplines
where students are required to stay
compulsory in the Hostels, National
Law Schools and many other
universities imparting five-year law
course also made it compulsory for
the students to stay in Hostel.
• It results in greater interaction of
the students among themselves.
• Interaction with faculty after the
teaching hours and ease in using
the library and cyber labs till late
hours in the evening.
10.Placement Cell
• Like Professional Colleges in other
disciplines, National Law Schools and
many other Universities imparting legal
education have established “Placement
Cells” in their organizations to ensure the
better job prospects for the students
completing their degree.
• Law firms/ corporate houses are invited
to recruit the legal professionals from
the campus itself.
• This is a very good practice initiated by
the Institutions imparting legal education
and it provides better job prospects in
good law firms/ corporate houses.
Post
Graduate
Law Degree
Programs
• Post Graduate Degree in law is known as
LL.M. Degree.
• Most of the universities in the country
imparting legal education were offering a
two-year post graduate degree program.
• But there has been a demand from the
academics and bar to reduce the period
of post graduate degree in law from two-
years to one-year.
• The UGC approved one-year LL.M.
courses in India on 6th September, 2012
and the guidelines for the same were
notified in January 2013 and it was
proposed to be introduced from academic
session 2013-14.
• Many universities have introduced one-
year LL.M. program but still many
universities are continuing with the old
two-year LL.M. course.
REPORT OF SPECIAL UGC COMMITTEE 2001
• In the mid 90's, the BCI revamped the LL.B. program
with more academic inputs and practical courses.
• The BCI identified the papers essential for making a
professional lawyer and made them part of the
curriculum in Law Schools and Law Colleges that impart
professional education.
• These changes were made mandatory to all Law Schools
by circular dated 21st October 1997.
184th REPORT
OF LAW
COMMISSION
OF INDIA 2002
• The Commission followed up on a
number of recommendations of the
Ahmadi Report, including its
recommendation that the Law
Schools should supplement the
lecture and case method with the
problem method, moot courts,
mock trials and other modern
teaching methods.
• It also took note of the Rules of the
Bar Council of India that direct Law
Schools to include practical training,
including 4 mandatory practical
papers.
Key recommendations in the Report include:
• UGC and BCI to introduce a system of accreditation of Law
Colleges. Section 7 (1) (h) should be amended to enable Bar
Council of India to promote excellence in legal education for the
purpose of accreditation system.
• Reintroduce appointment of adjunct teachers from lawyers and
retired Judges on part-time basis.
• It is necessary to impart professional training to the law teachers
apart from the existing refresher course conducted by the UGC.
• ADR training must be introduced for law students and lawyers.
• It is also recommended that the Clinical Legal Education may be
made compulsory in legal education.
REPORT OF NATIONAL
KNOWLEDGE COMMISSION (NKC)
• The National Knowledge Commission was
constituted on13th June 2005. It was
constituted as advisory body to the Prime
Minister of India, on education to build
excellence in the educational system to
meet the knowledge challenges of the 21st
century and increase India's competitive
advantage in fields of knowledge.
NKC has proposed ten key
recommendations.
Regulatory Reform:
A New Standing
Committee for Legal
Education
Prioritize Quality
and develop a Rating
System
Curriculum
Development
Examination System
Measures to attract
and retain talented
faculty
Developing a
Research Tradition in
Law Schools and
Universities
Centres for
Advanced Legal
Studies and
Research (CALSAR)
Financing of legal
education
Dimensions of
Internationalization
Technology for
dissemination of
Legal Knowledge
ROLE OF SUPREME COURT
• When the Bar Council of India has resolved to
restrict the entry into legal profession to all those
below 45 years, it has been struck down to be
unreasonable and unconstitutional in Indian
Council of Legal Education v. BCI AIR 1995 SC 691.
The Court held that, this type of restraints or
regulations certainly will have an adverse impact
on the new entrants into legal education.
ROLE OF SUPREME COURT
• The Supreme Court of India in its landmark judgment
in Deepak Sibal v. Punjab University, AIR 1989 SC
493, held that the study of law should be encouraged
as far as possible without any unreasonable
intervention.
• The Supreme Court has realized the importance of
discrimination of legal knowledge and tried to
impress upon the state to appreciate the same.
Manifestly the state or the standing bodies are very
frequently found adopting a negative and
discouraging policy regulating the legal education.
ROLE OF
SUPREME
COURT
The Bonnie FOI case
The case of Bar Council of India v.
Bonnie FOI Law College and Ors, was
originally heard in Jabalpur High
Court in 2007 and concerned with
BCI inspections of law colleges. When
the case reached the Supreme Court
in 2008 the bench also addressed
issues related to general legal
education reforms to improve
standards.
The Bonnie FOI case
• In 2009, Gopal Subramanian appeared in the Supreme Court
in Bonnie FOI case for the petitioner in his capacity as solicitor
general before he became the BCI chairman in April 2010.
• In pursuance to the direction of Supreme Court a committee
was appointed consisting of the Chairman and Vice –
Chairman of the Bar Council of India and Director, National
Judicial Academy.
• The Committee gave a comprehensive report and pointed out
a number of shortcomings in the infrastructure and
functioning of the College.
Recommendations
• The University must grant affiliation
according to its rules .
• There must be a competent
principal who is given adequate
authority and autonomy.
• Faculty must be confirmed to be full
time ,and of adequate competence,
motivation and commitment.
• A programme for staff training and
development is also required.
• Library and computer centre must
be strengthened and appropriately
used as an integral part of the
teaching process.
• University must put in place a
continuing quality evaluation
mechanism to monitor the
institution.
Steps taken in
Indian legal
education during
Covid-19
•In India, legal education is governed
by the rules framed by the Bar Council
of India and uniformly followed
throughout entire India.
•When the law colleges were forced to
close along with other colleges due to
COVID-19 pandemic the Bar Council of
India have set up guidelines for the
colleges to start taking online classes
for both clinical activities and normal
classes so that loss of academic
activities could be recovered.
Hindrance in
skill-based
education
•The legal profession is a sector which
requires skill and the person involved in this
sector must always be ready to learn and
develop their skills.
•A law student also needs to undergo many
Internship as a requirement set up by the Bar
Council of India to fulfil the requirements to
pass the LL.B course.
•These internships could be done under an
Advocate, under a Judge, with an NGO, under
the legal office of a company, etc. However,
since most of these institutions are currently
closed or are working with a limited number.
•It becomes difficult for law students to
develop their skill .
Webinar in
Covid times
• Webinars have given us a safe way
to keep our professional
engagements going and social
distancing at the same time.
• It provides a forum for the
dissemination of specialist legal
information, and are a great way
to discuss the latest updates and
developments in your area of
practice during this “zero
academic year”.
ROLE OF
BAR
COUNCIL:
IN COVID
PANDEMIC
FINANCIAL
ASSISTANCE TO
LAWYERS BY BAR
COUNCIL:
The financial assistance
will be extended out of
the Bar Council of India
Advocates Welfare
Fund and the Indigent
and Disabled Advocates
Fund of Bar Council.
BAR COUNCIL:IN COVID
PANDEMIC
• OTHER INITIATIVES
• The Bar Council of India moved the Supreme Court seeking financial
assistance, including disbursal of soft loans, to the needy advocates
during the ongoing COVID-19 pandemic which has crippled judicial
functioning.
• Courts across country are hearing urgent matters only via video link
from last week of March due to the pandemic situation making things
difficult for common lawyers. The petition sought a direction to the
Centre as well as all the states to arrange an interest-free loan of up to
Rs. three lakhs each to advocates enrolled with the respective state Bar
Councils.
• The loan, disbursed through the state bar councils, would be repayable
in reasonable monthly instalments at least 12 months after normal
court functioning commences.
CONCLUSION
• The legal education should be able to meet ever-growing
demands of the society and should be thoroughly
equipped to cater to the complexities of the different
situations.
• Legal education has an important role in directing and
moderating social change . In this regard it has to
operate as conscience-keeper of society.
CONCLUSION
• The BCI, state bar councils, state governments, the UGC
and Universities have a greater role to play in improving
the standards of legal education in the country.
• They should work in a comprehensive manner without any
conflict.
• They should think seriously to provide the resources, both
human and financial to all law schools for qualitative legal
education.
• The legal education in 21st century should also consider the
globalisation and its implementations on legal field at
national and international levels.
THANK YOU

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EVOLUTION OF LEGAL EDUCATION IN INDIA: DIFFERENT PHASES

  • 2. EVOLUTION OF LEGAL EDUCATION IN INDIA: DIFFERENT PHASES
  • 3. EDUCATION • Education is a radiance that shows the mankind the right path to move forward. The purpose of education is not just making a student literate but to develop rationale thinking, enhances knowledge and self sufficiency. • Educational methods include teaching, training, storytelling, discussion and directed research.
  • 4. WHAT IS LEGAL EDUCATION ? • The encyclopaedia of education defines legal education as a ‘skill for human knowledge which is universally relevant to the lawyer’s art and which deserve special attention in educational institution.’
  • 5. Legal education • 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 or business. • Legal education makes lawyer an expert who pleads for all like the doctor who prescribes for all, like the priest who preach for all and like the economist who plan for all.
  • 6. LEGAL EDUCATION Legal education is the preparation for the practice of law. Law is a special calling demanding high quality of study and research and commitment to the cause of justice. Law is the foundation of every society or a nation. Legal Education of the people is a sine qua non. Legal Education does not only create law- abiding citizens, but also produces brilliant academicians, visionary judges, astounding lawyers, and awe-inspiring jurists.
  • 7. • Legal education in India generally refers to the education of lawyers before entry into practice. • Legal education derives its impetus from the economic, social and political set up of the society. • Legal education is a human science which furnishes beyond techniques, skills and competences the basic philosophies, ideologies, critiques, and instrumentalities for the creation and maintenance of a just society.
  • 8. HISTORICAL DEVELOPMENT OF LEGAL EDUCATION • The history of law links closely to the development of civilization. • Early Western legal education emerged in Republican Rome. • Initially those desiring to be advocates would train in schools of Rhetoric. • Around the third century BCE Tiberius Coruncanius began teaching law as a separate discipline.
  • 9. • His public legal instruction created a class of legally skilled non-priests or jurisprudents. • Coruncanius allowed members of the public and students to attend consultations with citizens in which he provided legal advice. • After Coruncanius' death, instruction gradually became more formal, with the introduction of books on law beyond the then scant official Roman legal texts.
  • 10. • Canon and ministerial law were studied in universities in medieval Europe. • However, institutions providing education in the domestic law of each country emerged later in the eighteenth century. • In England, legal education emerged in the late thirteenth century through apprenticeships. The Inns of Court controlled admission to practice and also provided some legal training.
  • 11. • English universities had taught Roman and canon law for some time, but formal degrees focused on the native common law did not emerge until the 1800s. • Even from common roots, the United States and the United Kingdom developed very different systems for preparing lawyers for practice.
  • 12. HISTORICAL DEVELOPMENT OF LEGAL EDUCATION IN INDIA CAN BE STUDIED UNDER THREE HEADS • LEGAL EDUCATION DURING THE PRE- COLONIAL ERA. • LEGAL EDUCATION AND ITS DEVELOPMENT IN COLONIAL ERA. • LEGAL EDUCATION IN POST COLONIAL ERA.
  • 13. LEGAL EDUCATION DURING THE PRE- COLONIAL ERA • India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India.
  • 14. • In examining the trends in legal education in the pre- colonial era, this part highlights two important periods, namely • Pre-Mughal and Mughal. • These two periods represent distinct religious ideologies with peculiar features which influenced the society's perception of law and need for trained legal professionals.
  • 16. VEDIC PERIOD • Legal Education in India could be traced from as early as the Vedic age, when it was essentially based on the concept of Dharma and Karma. • However, there is no hint of any formal legal education offered at that time. • The training in law was self-learning and mostly the kings themselves dispensed justice. Occasionally, judges were appointed to administer justice. • These judges were not formally trained in administration of justice but were well known for their “righteousness and justness" and for following Dharma.
  • 17. VEDIC PERIOD • The concept of dharma, in the Vedic period, can be seen as the concept of the legal education in India. • The Vedas /sruti were the original sources of law, and the smritis announced the message of the Vedas. • Smritikars were great jurists, although there is no record of formal training in law.
  • 18. VEDICPERIOD • VEDA/SRUTI means "what is heard". • The word is derived from the root “shru” which means ‘to hear’. • In theory, it is the primary and paramount source of Hindu law and is believed to be the language of the divine revelation through the sages. • It is believed that the rishis and munis had reached the height of spirituality where they were revealed the knowledge of Vedas. • It is derived from the root “vid” meaning ‘to know’. The term Veda is based on the tradition that they are the repository of all knowledge.
  • 19. There are four Vedas Rig veda Yajur veda Sama veda Atharva veda
  • 20. • Vedas do refer to certain rights and duties, forms of marriage, the requirement of a son, exclusion of women from inheritance and partition but these are not very well defined. • Since Vedas had a divine origin, the society was governed as per the theories given in Vedas and they are considered to be the fundamental source of Hindu law. Vedas basically describe the life of the Vedic people.
  • 21. SMRITHI • Smriti means "what is remembered". • Smritis are written memoir of the knowledge of the sages. Many sages, from time to time, have written the concepts specified in Vedas. • A systematic study and teaching of Vedas started with Smritis and after the Vedic period, the regulation of society was through these literature. • Thus, the study of Vedas and the incorporation of local culture and customs became important. It is believed that many Smritis were composed in this period and some were reduced into writing, however, not all are known.
  • 22. Smriti • The Smritis can be divided into two: Dharmasutras Dharmashastras
  • 23. DHARMASUTRAS • The Dharmasutras were written from 800 to 200 BC. They were mostly written in prose form but also contain verses. • They were considered as a training manual of sages for teaching students which contained the knowledge of Vedas with local customs. • They explain the duties of men in various relationships. • They are generally known by the names of their author.
  • 24. Some of the most popular Dharma- sutras are: Gautama Baudhayan ApastambaVashista Vishnu
  • 25. DHARMASASTRAS • The Dharmashastras (or Dharmasastras) are the ancient law books of Hindus, which prescribe moral laws and principles for religious duty and righteous conduct for the followers of the faith. • They formed the guidelines for their social and religious code of conduct . • Hindu rulers enforced the laws as part of their religious duty.
  • 26. • Dharmashastras throw considerable light upon the social and religious conditions of ancient India, family life, gender and caste based distinctions, and principles of ancient jurisprudence. • Dharmashastras contain rudiments of many principles and practices of social and religious aspects of modern Hindu society.
  • 27. • Dharmashastras were mostly in metrical verses and were based on Dharmasutras. • The works of the Dharmashastra have played a significant role in influencing Hindu culture and law. • Dharma being the central idea of the Hindu religion, separate training akin to modern legal education was not felt to be necessary.
  • 28. Dharmasasthra dealt with the subject matter in three parts • Aachara - This includes the theories of religious observances. • Vyavahar -This includes civil law. • Prayaschitta- This deals with penance and expiation. In fact, the shastras were still being cited in cases of legal contracts as late as the mid-19th century in some regions of India.
  • 30. MANUSMRITHI Manusmrithi is unique amongst dharmashastras as it presents itself as a document that compiles and organises the code of conduct for human society.
  • 31. • Manusmriti, translated as "The Laws of Manu" or "The Institutions of Manu," is the most important and authoritative Hindu Law Book (Dharmashastra), which served as a foundational work on Hindu law and jurisprudence in ancient India. • Life in India during this period was simple and the form of judicial procedure was less complicated than that of western countries.
  • 32. • During the ancient period, legal disputes were settled by mediation, negotiation and some form of arbitration. • The notion of Dharma was not confined to religion, but was understood to have two facets; • religion and • law
  • 33. MUGHALERA • 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. • A system of courts, following formal procedures, to adjudicate criminal and civil cases, came to be established with Mughal rule.
  • 34. MUGHAL CODES • There were two Mughal Codes The Figh-e-Firoz Shahai The Fatwa-e-Alamgiri
  • 35. • 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. • 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 religion, including Hindu customs.
  • 36. COLONIAL ERA • Britishers came to this country for the purpose of trade, which they started through a company popularly known as East India Company formed in 1600 in England. • First British court was established in Bombay in 1672 by Governor Gerald Angier. • The first Attorney General appointed by Governor was George Wilcox who was acquainted with legal business and particularly in the administration of estates of deceased persons and granting of probate.
  • 37. • First concrete step in the direction of organising legal profession was taken through Regulating Act of 1773 which empowered to enrol advocates and Attorneys-at-law to the 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 position was same when the Supreme Courts with the same jurisdiction and power were established at Bombay and Madras later.
  • 38. • 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. • It was in 1794 that one of the first Sanskrit texts, Manusmrithi was translated into English, by Sir William Jones, and was used to formulate the Hindu law by the British colonial government.
  • 39. ESTABLISHMENT OF UNIVERSITIES • Legal Education in India was formally introduced as a subject of teaching with the establishment of three Universities in the Presidency Towns of Bombay, Madras and Calcutta in the year 1857. • These Universities were established in the pattern of London University, on the recommendations of Woods Education Dispatch (1854) appointed by the King in Britain to suggest the measures for creating a higher education system in India. • It may be said as beginning of higher education as well as Legal Education in India.
  • 40. ESTABLISHMENT OF HIGH COURTS • In 1862 three High Courts were established in 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. • According to Clause 19 of Letters Patent 1865 of the High Court of Calcutta empowered the court to approve, admit and enrol Advocates.
  • 41. • At that time the 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 justice by enrolling themselves as Vakils or becoming judicial officers, and thus serve the interests of the Administration. • 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.
  • 42. Indian Universities Act, 1904 • On the recommendation of Raleigh Commission, Indian Universities Act, 1904 was passed. This is the first statutory instrument for regulating and strengthening the higher education system in India. • It addressed to many issues such as norms for recognition of institution of higher education, norms for curriculum, standard for teaching and infrastructural requirements necessary for universities and colleges. • After the enactment of 1904 Act, many new universities and colleges in the country were established as per the norms laid by the Indian Universities Act, 1904. • Newly established universities also recognised law as a discipline for study and started imparting education.
  • 43. Bar Councils Act, 1926 Bar Councils Act, 1926 unified two grades of legal practitioners, the Vakils and Pleaders, by merging them in the class of advocates. It also provided for making rules for giving facilities of legal education and training.
  • 44. PORTUGUESE IN GOA • Portuguese entry to India brought their judicial system and legal concepts. • From 1510 to 1961,Goa was under the Portuguese rule. • There was no formal legal education required to enter into legal profession in case of Licentiate of law.
  • 45. • As far as Bachelors are concerned, legal education was offered in Lisbon University, Portugal. Therefore, it is safe to assume till Goa was freed from the Portuguese rule, the legal education was neither introduced nor institutionalized in Goa. • Even after Goa become part of India, legal education was offered in Goa only after 1973 when the first Law College was established at Panaji.
  • 46. POST COLONIAL ERA • With the independence of the country, legal education acquired importance, as rule of law became a fundamental doctrine for the governance of the country . • With the changing complex of law and social needs, there felt a greater need for change and reform in the structure and pattern of legal education. • The ethos of legal education was required to undergo a change to fit in with the constitutional philosophy of ushering in the socio-economic transformation of the society.
  • 47. Education Commission 1948 • The commission, namely “Education Commission” is popularly known as “Dr. Radhakrishanan Commission”. • The noted educationist Dr. S. Radhakrishanan was appointed as its Chairman. • The Commission in its report noted the pathetic situation of universities and colleges in India and submitted a Comprehensive “Report” to the Government of India for strengthening and streamlining the higher education in the country.
  • 48. • The decline in standards of legal education and with that the decline in the prestige and image of the legal profession became a cause of concern. • Dr Radhakrishnan lamented that "our colleges of law do not hold a place of high esteem either at home or abroad, nor has law become an area of profound scholarship and enlightened research."
  • 49. All India Bar Committee, 1951 • In 1951, the All India Bar committee was constituted under the chairmanship of Justice S.R.Das. • The committee in its report recommended the establishment of an All India Bar Council and State Bar Councils. • It recommended the powers of enrolment, suspension or the removal of advocates to the Bar Council. • It recommended that a common roll of advocates should be maintained and they should be authorized to practice in all courts in the country. • It further recommended that there should be no further recruitment of non- graduated pleaders or mukhtars. • Similar recommendations were made by the fifth Law Commission of India in its fourteenth report.
  • 50. 14th Report of the Law Commission of India, 1958 • It is observed that law courses emphasized practice and case law over the science and principles of law. • The absence of scientific study of law and a lack of research publications undermined the importance of the study of law as a branch of learning. • The Commission minced no words in exposing the deteriorating standards in the legal education in the following paragraph;
  • 51. • "There are already a plethora of LL.B's Half-baked lawyers, who do not know even the elements of law and who are let loose upon society as drones and parasites in different parts of the country. As a member of the Union Public Service Commission, I have had occasions to interview several first class graduates of law from different Universities. Several of them did not know what subjects were prescribed either in the first or second LL.B; did not know the names of the books prescribed. This is a shocking thing this is what may truly be described as mass production of law graduates.”
  • 52. • The Law Commission presided over by Shri M.C. Setalvad in its report (14th Report) on "Reform of Judicial Administration", in 1958 while assessing the standards of legal education obtaining in the country said- ‘’In the period of about ten years which has elapsed since the publication of the Radhakrishnan Commission, the position in regard to legal education in this country has, it appears, definitely deteriorated."
  • 53. CONSTITUTIONAL PROVISIONS • 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. • Through the 42nd Amendment Act of 1976 education was transferred from State list to Concurrent list. Legal profession along with the medical and other professions also falls under List III. • It should be noted that there is no specific entry in Schedule VII to the Constitution of India that deals with legal education. • Taking note of an urgent need to bring about reforms in the university education generally, Parliament, in exercise of its legislative power under Entry 66 of List I enacted the University Grants Commission Act, 1956.
  • 54. The University Grants Commission Act, 1956 • Is an Act to make provisions for the coordination and determination of standards in Universities. • The UGC Act provides that it shall be the general duty of the Commission to take all such steps as it may think fit for the promotion and co- ordination of University education and for the determination and maintenance of standards of teaching, examination and research in the universities.
  • 55. University Grants Commission 1956 • The University Grants Commission (UGC) was established as a statutory body in November 1956 under an Act of Parliament, the University Grants Commission Act, 1956. • The University Grants Commission acts as an umbrella organization for all institutions of higher education.
  • 56. The UGC’s mandate includes: • Promoting and co- ordinating University education. • Determining and maintaining standards of teaching, examination and research in Universities. • Framing regulations on minimum standards of education. • Monitoring developments in the field of collegiate and University education.
  • 57. The UGC’s mandate includes: • Disbursing grants to the Universities and colleges. • Serving as a vital link between the Union and State Governments and Institutions of higher learning. • Advising the Central and State Governments on the measures necessary for improvement of University education.
  • 58. The Advocates Act, 1961 • As a result of the report of the "All India Bar Committee Act, 1961 " the Advocates Act, 1961 came to be enacted by Parliament by virtue of its powers under Entries 77 and 78 of List I of the Constitution of India. • It brought Revolutionary changes in the legal profession in India. It was set out to achieve the utility and dignity of the profession of law on an all India basis.
  • 59. • The Bar Council of India Rules, inducted under The Advocates Act 1961, lays down the curriculum for imparting legal education throughout India. • The Bar Council of India is a statutory body established under section 4 of the Advocates Act 1961 that regulates the legal practice and legal education in India.
  • 60. BAR COUNCIL OF INDIA • The Bar Council of India as the apex professional body concerned with the standards of the legal profession. • BCI is the pioneer for structuring the Legal Education System in India as it exists today. • As the Constitution of India created a uniform judicial system, concerns were raised in several meetings and conferences stressing the need for an all-India Bar and uniform system of regulating the legal profession. • The BCI was the first to lay down the standards in terms of system, classroom teaching, practical training and skill, court visits, moot courts, legal aid work, and other practical training programs for law students.
  • 61. The Bar Council of India further established three supplementary organs to achieve its statutory mandate. • Legal Education Committee • Bar Council of India Trust • Directorate of Legal Education
  • 62. LEGAL EDUCATION COMMITTEE • The BCI established Legal Education Committee under Section 10 (2) (b) of the Advocates Act, 1961. • Justice A.P. Mishra, Former Judge, Supreme Court of India is the present Chairman of the Legal Education Committee. • The Legal Education Committee consists of five members of the Bar Council of India and five opted members to represent the judiciary, the Law Ministry and the University Grants Commission. • This committee makes recommendations to the Bar Council of India on all matters pertaining to legal education in the country.
  • 63. The Powers of Legal Education Committee : • To make recommendations to the Council for laying down the standards of legal education for Universities. • To visit and inspect Universities and report the results to the Council. • To recommend to the Council the conditions subjected to which foreign qualification in law obtained by persons other than citizens of India may be recognized. • To recommend to the Council for recognition of any degree in law of any University in the territory of India. • To recommend the discontinuance of recognition of any University already made by the Council.
  • 64. BAR COUNCIL OF INDIA TRUST • In addition to prescribing the standards for legal education, the BCI created ‘The Bar Council of India Trust’ as a public charitable trust on 27th April, 1974. • This Trust was created to maintain professional standards and to effect improvements in legal education. • Trust was intended to establish Law Schools of excellence and to promote legal research.
  • 65. Other objectives • To render legal aid to the poor. • To publish law reports, text books and case books for students undergoing legal training. • To offer scholarships to deserving students. • To promote welfare of the members of the profession.
  • 66. • The Bar Council of India Trust organizes various academic workshops for advocates under its continuing education program. • The purpose of these workshops is to help in updating knowledge and skills of practicing lawyers, and promoting specialization in professional services. • To promote advocacy skill of the law students, the Trust organizes National Level Moot Court Competition every year. • This moot court competition was started in the year 1981.
  • 67. DIRECTORATE OF LEGAL EDUCATION • The Bar Council of India, established a Directorate of Legal Education in 2010 for the purpose of organizing, running, conducting, holding and administering continuing Legal Education. OBJECTIVES. • Imparting Teachers Training. • Provide advanced specialized professional courses. • Educational Program for Indian students seeking registration after obtaining Law Degree from a Foreign University. • Organizing seminars and workshops. • Legal Research . • Any other assignment that may be assigned to it by the Legal Education Committee and the Bar Council of India.
  • 68. The Bar Council of India has various other committees • Executive Committee. • Disciplinary Committee. • Advocate Welfare Association. • Legal Aid Committee. • Building Committee. • Rules Committee.
  • 69. AllIndiaBar Committee • The Government formed the All India Bar Committee under the chairmanship of the Judge of the Supreme Court. • The Committee recommended the establishment of State Bar Council for each State and an All India Bar Council at the National Level as the Apex Body for regulating the legal profession.
  • 70. STATE BAR COUNCIL • The State Bar Councils are statutory bodies established under Section 3 of the Advocate’s Act , 1961. • State bar councils were set up as different councils for the States and Union territories of India. • They act as regulatory bodies, making rules for the legal profession and education in their respective States. • Section 6 of the Advocate’s Act , 1961 also lays down the functions to be performed by the State Councils in their respective states.
  • 71. Bar Council of India Rules, 1965 • In furtherance of section 49 of Advocates Act, 1961, the BCI framed Bar Council of India Rules, 1965 wherein Chapter- IV exclusively deals with minimum standards of legal education. • These rules were amended from time to time to improve the standards of legal education in India.
  • 72. THREE YEAR DEGREE IN LAW • Degree in law was initially introduced as a Two-year degree course by the Indian Universities. • In 1962, following BCI orders, all Universities imparting legal education changed over from the two-year to the three-year program in law and revised the curriculum as prescribed by the BCI. • But some universities also offered simultaneously a two- year academic degree course in law.
  • 73. • Academic degree holders were not entitled for the registration as an advocate under the Advocates Act, 1961 and hence were not allowed to practice in any court of law. • Later two years academic degree courses were discontinued by the Universities imparting formal education as there is no provision for the same in the Bar Council of India Rules. • However, some open Universities are still offering a two-year academic law course, namely, Bachelor of General Laws (BGL).
  • 74. CHANGING DIMENSION OF LEGAL EDUCATION IN INDIA • Law as a profession and legal education as a discipline was not a popular choice of the students in India prior to the introduction of five-year law course, most of the students who performed well in their intermediate exam aspired to study medicine, engineering, computers, business management and accounting. • After the enactment of Advocates Act, 1961, it was noticed that there was mushroom growth of sub-standard law schools, with hardly any regard to the quality of the legal education.
  • 75. • Admission to these law schools was easy, minimum marks prescribed for eligibility for admission to the law courses were as low as 33 to 40% and the result was that thousands of students became eligible and all of them, including last eligible candidate got admission. A student who cannot get admission to any other course would join law course. • The quality of teaching in these law schools also left much to be desired. • Most of the law schools and colleges had only part-time teachers and there was hardly any commitment of the teaching staff to the cause of legal education. • In many law schools there were more “absentees” than “present”. The administration of many of such law schools encouraged absenteeism.
  • 76. REFORMING LEGAL EDUCATION • In early 70's, the BCI decided to adopt a new pattern of legal education in India. • In 1975, the BCI recommenced that no student shall be admitted unless he has secured 40% aggregate for day classes and 50% for the part-time course in the evening in qualifying examination. • Admission to the course should be by means of viva-voce test before a Board appointed for the purpose. • Medium of instruction should ordinarily be english and it should be included as a subject in the first year.
  • 77. • Law Colleges should provide instructions on weekdays for minimum 3 periods of one hour duration. New colleges should obtain permission from the BCI before starting the institution. • Further, the BCI directed that all the Law Colleges affiliated to the Universities should, by the end of three years, be independent Law Colleges and should cease to be departments attached to colleges for instruction for grant of law degrees. • Due to several objections from the Law Colleges, the BCI removed the rule that the admission to the course should be by means of viva-voce test before a Board.
  • 78. • The Chairman of Bar Council of India also lamented about the vice of absenteeism amongst the students of law colleges. • In 1993, on the basis of resolution passed in Chief Justices’ Conference 1993, the Hon’ble Chief Justice of India constituted a three member committee under the chairmanship of Mr. Justice A.M. Ahmadi to suggest appropriate steps to be taken for the reforms in the legal education.
  • 79. OBSERVATIONS OF AHMADI COMMITTEE. • The general standard of the law colleges in the country and of the students was deteriorating day by day. • The standard of the new entrant into the Bar leaves much to the desire. • The syllabus of the law colleges was very unsatisfactory and the teaching standards were equally bad. • There was lack of discipline in law colleges.
  • 80. Some remedial measures Taking serious views on aforesaid problems the committee suggested some remedial measures; • It was suggested that there should an entrance examination and students with high percentage of marks should be selected for admission to a law college. • Permission to start new law colleges should not be given without proper evaluation of teaching faculty and other facilities. • There should be a proper evaluation of the answer scripts in the examination. • The student should be trained to draft pleadings at the college level. • The standard of English should also be included.
  • 81. CURRICULUM DEVELOPMENT COMMITTEE The CDC appointed by Bar Council of India has identified the existing problems and challenges in Legal Education: • Non-availability of qualified (LL.M. with NET qualified) faculty especially in semi- urban and rural areas. • Austerity in the State resource to fund legal education, and non-availability of faculty for want of funds from the sate government once a faculty member retires. • Non-availability of infrastructure, most Law Schools being using building facilities of other faculties/ Institution. • Inadequate library facilities.
  • 82. • Non-availability of opportunities to serve under internship. • Non-availability of legal practitioners to teach procedural subjects. • No funding/ inadequate funding by UGC for legal education. • Inadequate and improper faculty improvement program. • Non-availability of UGC/ State sponsored scale of pay available to faculty of Law Schools/ college. • Inadequate opportunity for engagement/ employment at the end of the course.
  • 83. • The Bar Council of India, UGC and the Government of India has given serious thought for reforms in Legal Education in the country and many initiatives have been taken for improvement in the legal education in the Country. These initiatives have given a new dimension to the legal education in India. They are -
  • 84. 1. Introduction of Five-year Integrated Law Course • The committee and the legal education committee of the Bar Council of India proposed introduction of a Five-year course in law after the +2 stage through an all India examination. • The chairman of the UGC through a letter to the committee in the year 1994 also given its assent for introducing a five-year-course in law by sponsoring the National Law School of India University at Bangalore. • This National Law School of India was established as the laboratory for experiment, noble in several ways in higher education. It was the beginning of five year B.A.,LL.B. (Hons.) course in India.
  • 85. • The popularity and success of the National Law School of India University, Bangalore has given impetus to the establishment of other National Law Schools on similar patterns and presently there are 23 National Law Schools in the Country in different States. • Education in law is treated as branch of philosophy in these Institutions and aims at achieving not only learning but also its application with professional skill. • Here ‘law is not a logic merely; it is life’s experience’.
  • 86. • The courses of study have been so designed as to have the goal, objective, method and ability to totally integrate multi-disciplinary under-graduate curricula with legal education so that it usefully blends itself with other branches of knowledge. • The institution aims at not only satisfying the needs of education and research in the field of law but also meeting the needs of advanced training and applied research.
  • 87. • Overwhelming response to five-year-law courses offered by the National Law School resulted in introduction of such five-year- law course by other universities also. • Now many universities are running parallelly a three-year-course in law and five-year- course in law.
  • 88. ONE YEAR APPRENTICESHIP RULE • In 1994, the Bar Council of India introduced the one-year training rule after graduation as per recommendations of the Ahmadi Committee. • The Committee has recommended that every law graduate undergo one year of training under a senior lawyer with a minimum of 10 years experience at the District Court or High Court.
  • 89. • Students were to work for three months in a trial civil court, three months in a Magistrate's Court, and at least six months in a District Court. • To enter the Bar, the students would need to obtain a certificate from the senior lawyer, in whose office they worked, describing that they were fit to enter the Bar.
  • 90. • These conditions were to be made mandatory. After fulfilling these conditions, students were required to appear for an examination for entry to the Bar; without these formalities a law student would not be eligible to sit for the Bar Council examination. • The Committee (Ahmadi committee) also recommended that students should secure at least 50 or 60 percentage marks at the Bar Council examination to become eligible to practice at Bar.
  • 91. • After reviewing these recommendations of Ahmadi Committee report, 1994, the BCI introduced a one-year training rule while it discarded the suggestion of entrance examination. • However, the BCI received a setback when this rule was challenged in the Supreme Court in V. Sudheer v. Bar Council of India.
  • 92. • In V. Sudheer v. Bar Council of India & Anr, on 15 March, 1999 the Supreme Court struck down the rule as ultra vires to the Advocates Act and held that the Bar Council of India is not competent to pass such a rule. Such a rule can be introduced only by the legislature.
  • 93. 2.Moot Court Competition • The skill of presenting, appropriate and logical responses to the spontaneous queries of Judges and the art of advocacy are important in order to become a successful lawyer. • Moot Court is an artificial court wherein an atmosphere of court is created in the classroom of a law college itself, the Law students argue hypothetical case, as if they are arguing actual case before the court on behalf of their clients.
  • 94. • The Law students are trained before presenting the case before a Moot Court about the mannerism of the Court. • The students are trained in this manner to present the case with confidence and clarity before the Judges. • National Law Schools and most of the Universities imparting five years integrated degree course, now organising Moot Courts Competition on regular basis.
  • 95. 3.Internship Programmes • During vacations/ Semesters breaks students are required to do “Internship” of minimum four weeks with any lawyer, law firms, NGO working in the field related to law, legal aid authorities or legal section of any corporate house to attain real exposure. • Internship programmes are intended to train and mentor young people curious about a profession. • Interns in these organisations are groomed by the experienced professionals.
  • 96. 4.Legal Aid Clinics • Many Universities and Institutions conduct “Legal Aid Clinics” for legal awareness of the down-trodden society living in villages and slum areas in the city. • Students along with faculty members organise Legal Aid Clinics in such areas. • People are made aware of their legal rights. It also help in rendering legal services of basic nature like legal advice, drafting of petitions, representations, notices, replies, applications and other documents of legal importance. • Thus the students are able to understand the actual legal problems of the masses.
  • 97. 5.Projects • Law schools assign projects on different legal aspects in each semester to the students as a partial fulfilment to the requirement of their degree. • Projects on the assigned topics are prepared and submitted by the students and after evaluation of the same, merit and shortcoming of each project is discussed in the classroom so that every student may be aware with the topic discussed.
  • 98. 6. Seminars/ Lectures • In order to keep the students aware with the latest developments on a legal aspects, seminars/ Lectures on different legal aspects are organised by the law schools in which eminent professionals are invited to give lectures. • Students also participate in the seminars by presenting a paper on the theme of the seminar.
  • 99. 6. Law Journals published by the Law Schools • Many national law schools are bringing out their own academic journals continuing scholarly articles on different aspects of law. • Students of the law school are also nominated in the editorial committee of such journals. • Their active participation in publication of selected scholarly articles give them encouragement for scholarly writing. • It helps in developing the writing skills of the students and enhancing the research skills in the field of law.
  • 100. 7. Library Facilities • CDC Committee of Bar Council of India while identifying the problems and challenges in the area of Legal Education observed that inadequate library facilities in the then existing law colleges is heavily responsible for deterioration in standard of legal education. • All the National Law Schools have established library with rich collection which are open till late at night. • Students after the classes use the library till late hours for completion of their projects, preparation of notes etc. • This resulted in the improvement in the standards of teaching and learning in law schools.
  • 101. • Computerisation has become a necessity in education and research and so in legal research. • It is because of this reason that the National Law Schools and many other modern law schools have established large cyber labs in their libraries. • Free Wi-Fi facilities for providing Internet facility and legal databases have been provided in such Cyber Labs so that students may carry out legal research through e-resources. • Recognizing the importance of e-access for education and research, every National Law Schools and other college provide free Wi-Fi facility in the campus, so that students may have the Internet access in their hostel rooms or anywhere in the campus for their academic pursuit. 8. Cyber Labs & Free Wi-Fi
  • 102. 9. Compulsory Hostel Requirement • Like many professional disciplines where students are required to stay compulsory in the Hostels, National Law Schools and many other universities imparting five-year law course also made it compulsory for the students to stay in Hostel. • It results in greater interaction of the students among themselves. • Interaction with faculty after the teaching hours and ease in using the library and cyber labs till late hours in the evening.
  • 103. 10.Placement Cell • Like Professional Colleges in other disciplines, National Law Schools and many other Universities imparting legal education have established “Placement Cells” in their organizations to ensure the better job prospects for the students completing their degree. • Law firms/ corporate houses are invited to recruit the legal professionals from the campus itself. • This is a very good practice initiated by the Institutions imparting legal education and it provides better job prospects in good law firms/ corporate houses.
  • 104. Post Graduate Law Degree Programs • Post Graduate Degree in law is known as LL.M. Degree. • Most of the universities in the country imparting legal education were offering a two-year post graduate degree program. • But there has been a demand from the academics and bar to reduce the period of post graduate degree in law from two- years to one-year. • The UGC approved one-year LL.M. courses in India on 6th September, 2012 and the guidelines for the same were notified in January 2013 and it was proposed to be introduced from academic session 2013-14. • Many universities have introduced one- year LL.M. program but still many universities are continuing with the old two-year LL.M. course.
  • 105. REPORT OF SPECIAL UGC COMMITTEE 2001 • In the mid 90's, the BCI revamped the LL.B. program with more academic inputs and practical courses. • The BCI identified the papers essential for making a professional lawyer and made them part of the curriculum in Law Schools and Law Colleges that impart professional education. • These changes were made mandatory to all Law Schools by circular dated 21st October 1997.
  • 106. 184th REPORT OF LAW COMMISSION OF INDIA 2002 • The Commission followed up on a number of recommendations of the Ahmadi Report, including its recommendation that the Law Schools should supplement the lecture and case method with the problem method, moot courts, mock trials and other modern teaching methods. • It also took note of the Rules of the Bar Council of India that direct Law Schools to include practical training, including 4 mandatory practical papers.
  • 107. Key recommendations in the Report include: • UGC and BCI to introduce a system of accreditation of Law Colleges. Section 7 (1) (h) should be amended to enable Bar Council of India to promote excellence in legal education for the purpose of accreditation system. • Reintroduce appointment of adjunct teachers from lawyers and retired Judges on part-time basis. • It is necessary to impart professional training to the law teachers apart from the existing refresher course conducted by the UGC. • ADR training must be introduced for law students and lawyers. • It is also recommended that the Clinical Legal Education may be made compulsory in legal education.
  • 108. REPORT OF NATIONAL KNOWLEDGE COMMISSION (NKC) • The National Knowledge Commission was constituted on13th June 2005. It was constituted as advisory body to the Prime Minister of India, on education to build excellence in the educational system to meet the knowledge challenges of the 21st century and increase India's competitive advantage in fields of knowledge.
  • 109. NKC has proposed ten key recommendations. Regulatory Reform: A New Standing Committee for Legal Education Prioritize Quality and develop a Rating System Curriculum Development Examination System Measures to attract and retain talented faculty Developing a Research Tradition in Law Schools and Universities Centres for Advanced Legal Studies and Research (CALSAR) Financing of legal education Dimensions of Internationalization Technology for dissemination of Legal Knowledge
  • 110. ROLE OF SUPREME COURT • When the Bar Council of India has resolved to restrict the entry into legal profession to all those below 45 years, it has been struck down to be unreasonable and unconstitutional in Indian Council of Legal Education v. BCI AIR 1995 SC 691. The Court held that, this type of restraints or regulations certainly will have an adverse impact on the new entrants into legal education.
  • 111. ROLE OF SUPREME COURT • The Supreme Court of India in its landmark judgment in Deepak Sibal v. Punjab University, AIR 1989 SC 493, held that the study of law should be encouraged as far as possible without any unreasonable intervention. • The Supreme Court has realized the importance of discrimination of legal knowledge and tried to impress upon the state to appreciate the same. Manifestly the state or the standing bodies are very frequently found adopting a negative and discouraging policy regulating the legal education.
  • 112. ROLE OF SUPREME COURT The Bonnie FOI case The case of Bar Council of India v. Bonnie FOI Law College and Ors, was originally heard in Jabalpur High Court in 2007 and concerned with BCI inspections of law colleges. When the case reached the Supreme Court in 2008 the bench also addressed issues related to general legal education reforms to improve standards.
  • 113. The Bonnie FOI case • In 2009, Gopal Subramanian appeared in the Supreme Court in Bonnie FOI case for the petitioner in his capacity as solicitor general before he became the BCI chairman in April 2010. • In pursuance to the direction of Supreme Court a committee was appointed consisting of the Chairman and Vice – Chairman of the Bar Council of India and Director, National Judicial Academy. • The Committee gave a comprehensive report and pointed out a number of shortcomings in the infrastructure and functioning of the College.
  • 114. Recommendations • The University must grant affiliation according to its rules . • There must be a competent principal who is given adequate authority and autonomy. • Faculty must be confirmed to be full time ,and of adequate competence, motivation and commitment. • A programme for staff training and development is also required. • Library and computer centre must be strengthened and appropriately used as an integral part of the teaching process. • University must put in place a continuing quality evaluation mechanism to monitor the institution.
  • 115.
  • 116. Steps taken in Indian legal education during Covid-19 •In India, legal education is governed by the rules framed by the Bar Council of India and uniformly followed throughout entire India. •When the law colleges were forced to close along with other colleges due to COVID-19 pandemic the Bar Council of India have set up guidelines for the colleges to start taking online classes for both clinical activities and normal classes so that loss of academic activities could be recovered.
  • 117. Hindrance in skill-based education •The legal profession is a sector which requires skill and the person involved in this sector must always be ready to learn and develop their skills. •A law student also needs to undergo many Internship as a requirement set up by the Bar Council of India to fulfil the requirements to pass the LL.B course. •These internships could be done under an Advocate, under a Judge, with an NGO, under the legal office of a company, etc. However, since most of these institutions are currently closed or are working with a limited number. •It becomes difficult for law students to develop their skill .
  • 118. Webinar in Covid times • Webinars have given us a safe way to keep our professional engagements going and social distancing at the same time. • It provides a forum for the dissemination of specialist legal information, and are a great way to discuss the latest updates and developments in your area of practice during this “zero academic year”.
  • 119. ROLE OF BAR COUNCIL: IN COVID PANDEMIC FINANCIAL ASSISTANCE TO LAWYERS BY BAR COUNCIL: The financial assistance will be extended out of the Bar Council of India Advocates Welfare Fund and the Indigent and Disabled Advocates Fund of Bar Council.
  • 120. BAR COUNCIL:IN COVID PANDEMIC • OTHER INITIATIVES • The Bar Council of India moved the Supreme Court seeking financial assistance, including disbursal of soft loans, to the needy advocates during the ongoing COVID-19 pandemic which has crippled judicial functioning. • Courts across country are hearing urgent matters only via video link from last week of March due to the pandemic situation making things difficult for common lawyers. The petition sought a direction to the Centre as well as all the states to arrange an interest-free loan of up to Rs. three lakhs each to advocates enrolled with the respective state Bar Councils. • The loan, disbursed through the state bar councils, would be repayable in reasonable monthly instalments at least 12 months after normal court functioning commences.
  • 121. CONCLUSION • The legal education should be able to meet ever-growing demands of the society and should be thoroughly equipped to cater to the complexities of the different situations. • Legal education has an important role in directing and moderating social change . In this regard it has to operate as conscience-keeper of society.
  • 122. CONCLUSION • The BCI, state bar councils, state governments, the UGC and Universities have a greater role to play in improving the standards of legal education in the country. • They should work in a comprehensive manner without any conflict. • They should think seriously to provide the resources, both human and financial to all law schools for qualitative legal education. • The legal education in 21st century should also consider the globalisation and its implementations on legal field at national and international levels.