REVAMPING THE LEGAL EDUCATION IN INDIA: NEED OF THE HOUR BY - RAJALAKSHMI.S & MEGAVANNAN.N
REVAMPING THE LEGAL EDUCATION IN
INDIA: NEED OF THE HOUR
ABSTRACT:
Lawyers and advocates are social
engineers who strive for the betterment of society, whereas judges are legal
reformers who deliver law and justice in accordance with the modern world and
serve as society's backbone in balancing peace, justice, and equality in our
country. But the question is whether the legal profession's fundamental
education, that is, the legal education offered to them, is adequate and
flawless in India? Are the law graduates efficient before beginning their
career? Is legal education in India adequate to compete on a global scale?
Obviously, the answer is no. The reason for selecting this topic is that the
legal education in India is inadequate and there is a need for revamping it.
This article will provide some proposals for improving legal education so that
our Indian attorneys can compete with those in other advanced countries. This
transformation in legal education is in the hands of the Bar Council of India
(BCI) and the University Grants Commission (UGC), the two key entities shaping
legal education in India. As a result, the present difficulties encountered by
law students must be considered and redesigning our legal education is needed
to produce skilled law graduates. Apart from these two bodies, a National
Council of Legal Education and Research (NCLER) concerning Legal Education and
Research which has to be apex regulator of legal education and profession
replacing the two bodies must be formed to revamp the existing Legal education.
Keyword: Bar Council of India, University Grants Commission (UGC),
Legal education, National council of Legal Education and Research (NCLER), Law
graduates, Law institutions.
INTRODUCTION
Judges and Advocates are great
professions, the undergraduate level legal education is the foundational
education for both. Many great leaders and social reformers have come from this
platform in India, like Mahatma Gandhi, Dr. B.R.Ambedkar, Rajaji, and Motilal,
however this legal profession is still not fully satisfied, even after so many
changes. It sometimes appears that legal education is valued less in India
compared to other countries.
Malcolm[3]
said that
“And just because of you have
colleges and University doesn't mean you
have education”[4]
His words are appropriate for Indian
legal education. That is, law schools and universities alone cannot produce
smart and skilled law graduates; a robust legal education system is required to
produce good law graduates. Despite the recommendations of numerous committees,
legal education in our country is not up to the standard and lacks the
necessary quality to develop a qualified graduate ready to face the real world.[5]
HISTORY OF LEGAL EDUCATION IN INDIA
In ancient times, law was regulated
by the King with the assistance of his counselors. The Rule of Dharma and Karma
was in effect at the time. Later, during British control, law was integrated
into the curriculum of the universities of Calcutta, Madras, and Bombay in
1857, initially as a two-year study. The pupils received direct instruction and
lectures solely, with no practical knowledge offered. Legal education has been
chastised for not prioritizing natural sciences or other social sciences. As a
result, legal education has lagged behind other subjects in terms of progress.[6]
The Advocates Act of 1961 later
controlled the field of practice but made no modifications to the level of
education delivered. The founding of the National Law School of Indian
University in Bangalore in 1985 brought in educational advances, such as the
infusion of practical knowledge through moot court, court visits, and
case-based study. Though these system are included in legal education there is
more disparities and challenges within the country which hinders the
development of the legal education,
BCI AND UGC MAJOR INFLUENCE OF LEGAL EDUCATION
Before providing recognition to an
institution that provides legal education, the UGC expert committee inspects
the infrastructure, professors, and the so on. Both the UGC and the BCI
recognize legal institutions when they apply for it. The UGC and BCI have the
authority to decertify any university institution that fails to meet the
requirements established by both the regulatory authorities. The BCI has the
authority to set regulations governing the standards of legal education to be
followed by universities in India, as well as to examine institutions for this
purpose.[7]
Law Commission recommends
“…Bar Council of India can lay down
minimum standards necessary for courses
for students who will come into the legal profession but not in respect of
other law courses which do not lead
to a professional career. UGC can prescribe higher standards”[8]
” ….UGC and BCI to introduce a system of
accreditation of law colleges. Section 7(1)h[9] should
be amended to enable the Bar Council
of India to promote excellence in Legal education for the purpose of the
accreditation system”.[10]
Under advocates Act, 1961 limited
powers are allocated to BCI to promote legal education but it plays a vital
role in empowering legal education.[11]
In V.Venkata Sivakumar V. Bar Council of
India[12]
A petition was put forward seeking the BCI to form a panel of legal
education experts to investigate the petition's ideas for eliminating malpractices
in the legal education system. But the petition was disposed of and directed
the petitioner to make suggestions directly to the BCI. In the areas of
Postgraduate and Research the UGC plays a vital role. It establishes teaching
standards; nevertheless, the UGC only has a member of a committee to make
recommendations, and there is no distinct Council to look at legal education.
The National Knowledge Commission
(NKC) in its report opined the following “….In the last three decade,… the BCI, by virtue
of its Resolution, Rules and Regulation, has taken over the entire body of
power in relation to Legal education which is not the intention of Advocates
Act, 1961, which is a legislation under entry 77 and 78 of list 1 schedule VII
of constitution of India. The BCI, under its power to grant recognition to
universities for the purpose of enrolment of law graduates has been also
dealing with inspection, affiliation or disaffiliation of various Law colleges
granting annual affiliation for permanent affiliation etc… It has also been laying down conditions for
establishment of Law schools, buildings, appointment of faculty and a variety
of other matters in which the faculty and other players have not been allowed
to have any effective role.[13]
These powers were expanded by BCI under Resolution Rules and Regulations as
stated above, though such extension of powers is not permitted by Advocates
Act, 1961.”[14]
As a result, these two statutory
authorities play a critical role in regulating legal education and its framework.
NEED OF A SEPARATE REGULATORY BODY FOR LEGAL EDUCATION
In 1936, Dr. B. R. Ambedkar suggested
the institution of a Council of Legal Education to regulate and conduct legal
examinations. Since the Bar Council is responsible for overseeing and regulating
the field of practice of advocates, it cannot successfully oversee both the
field of practice and legal education together, thus a separate Council for
Legal Education is required.[15]
The insistence of a separate
authoritative body to regulate legal education is observed in Bar Council of India v. Board of Management
Dayanand[16].
The high court declared that the Bar Council of India has no involvement in
legal education and that its function is restricted to regulating the legal
profession with regard to enrolment of advocates and continuance of the
profession. Hence the Bar Council of India will not be able to issue any
recommendations on legal education or about people who will be teaching law and
the qualification of faculties law colleges.
According to opinions shared by the
stakeholders at meetings held in Delhi, Kolkata, Bangalore, and Bhopal, the
nation's legal education system needs to be comprehensively regulated by a body
known as the National Council of Legal Education and Research with regional
branches. To uphold the rule of law, audit and assess legal research and
teaching has to be done by this body.[17]
CHALLENGES OF LEGAL EDUCATION IN INDIA:
1) Lack of Uniformity:
There is no uniformity among the
legal schools and institutions in India. The differences between regular law
schools and NLUs are significant. For government and private colleges in many
states, a 12th grade pass is sufficient, with the CLAT serving as the admission
test for NLUs and certain private colleges. It could be challenging for
individuals to get admitted to an NLU to keep up with the curriculum due to the
language divide and a lack of English fluency. The CLAT is now conducted only
in the English language which the students from the regional medium of
instruction find it difficult to get into the NLU. Furthermore, the cost of an
NLU education is high, and not everyone can afford it without taking out
student loans.
In S. Tharani
Kirthika vs The Registrar[18]
The petitioner was not allowed to join 5 years integrated law course by the
University as the petitioner +2 was not in regular stream. But in many
universities students who do their +2 privately are allowed for the admission
law courses. Madras High Court has decided that persons who have done +2 in
private are also eligible for enrollment and only the law degree obtained
should be genuine[19]. However,
several private universities still award legal degrees despite the fact that
students do not attend classes on a regular basis. Many institutions, on the
other hand, maintain flawless 75% attendance with regular classes.
Apart from the admission process, the
medium instruction in NLU’s and State universities differs. In State
Universities the regional languages are allowed as a medium of instruction
whereas NLU and private institutions do not follow it. Though knowledge in
regional languages is necessary for Trial cases or High Court. However, when
the medium of instruction is in regional language the educational efficacy
suffers significantly. The majority of laws, court decisions, statutes, books,
and other materials are written in English. There aren't enough books and
source materials in regional languages to help students deal with these
limitations. So, the student not only lacks a solid understanding of the
subject but also does not have the necessary communication skills for carrying
out their work well. The BCI has made an effort to correct this by declaring
that to be certified for enrolment as an advocate, the language of instruction
must be English; If not, it must adhere to the bar exam requirements and a
compulsory paper of English has to be cleared during the course.[20]
The method of education has a
significant impact on how students learn. Students who want to pursue a law
degree in their vernacular language of instruction are judged as less skilled
than English-medium students on both a performance and mark basis. As they
continue to complete their legal education in their native language, they are
not fluent in English, which is crucial for practicing as an advocate in court.
Therefore, it must be mandated that English be used as the primary language of
teaching in law institutions, allowing students to begin their training in the
language as soon as they enroll. The lack of standardization leads to diversity
in legal education and the quality in law graduates who pass out of the
institution. Some are appropriately educated, while others lack even
fundamental abilities.
2) Unveiling the Age restriction
By establishing an age restriction
for legal education, the Indian Bar Council made the proper first move. The bar
council fixed the upper age limit as 20 years for 5 years integrated law course
and 30 years for 3 years courses, then it changed the age restriction to 22
years and 45 years for the sake of promoting public interest but the Supreme
Court, which is the apex court, directed the BCI to reconsider the upper age
limit for admission of LLB courses in Rishabh
Duggal Vs BCI.[21]
The caliber of legal education is
being degraded by putting a 60-years old pupil in the same class where a 25
years old student Studies. These courses must have a significant upper age
limit limitation. The Law Commission additionally suggested abandoning three
years of LLB courses in favor of simply five years and of JD (Juris Doctor)
program, as done in Australia, England, and America.[22]
3) Inadequate Practical Experience
In V Sudheer v. Bar Council of India[23],
it was established that a three-year course of study is sufficient for
enrollment and that pre-enrollment training is not as important as the bar
council determined. However, internship training is required before becoming an
advocate. Law students will take their studies more seriously as a result of
this.
It was observed in a petition filed
in Satheesh Kumar V. Mahatma Gandhi
University[24] to give training in colleges notwithstanding
BCI description and that class hours, moot courts, tutorials, and seminars must
be finished before semester assessment. Mere theory-based knowledge obtained
without practical knowledge is futile. Actual application is needed. It is
vital to give mandatory training to young advocates entering the courtroom.
4) Lack of amenities
The petitioner in Ramesh Kumar v. State of Tamil Nadu[25]
petitioned the court requesting the basic amenity of mess. However, it was
responded that the requirement for opening a mess was that the early mess
expenditure had to be borne by the hostel residents by splitting method at the
time of every year admission itself, to prevent complications in monthly
settlement. Finally, the writ petition was dismissed.
Students with low incomes continue to
encounter difficulties in paying and managing their costs for basic
necessities, and it is especially difficult to pay the yearly mess fees in the
year of admission. In such circumstances, the university or college must take
students' issues into account and not curb their study at the outset. Some
colleges have excellent facilities and infrastructure, but others lack
amenities such as hostels, canteens, and meal halls. Many government law
colleges in the south do not have men's hostels till date.
5) Quality of Education
Preparing professionals who can play
significant leadership positions in society, such as researchers, politicians,
judges, government officials, corporate legal advisers, and civil society
activists, is the stated purpose of legal education and those with the capacity
to comply with the barriers and complexities of internationalization where the
nature and practice of law undergo a paradigm shift.[26]
Priority should be given to the
quality of legal education. The issue is at the institutional level, since even
while the number of law schools in India is increasing, the quality of education
is not. The professors should be more focused on providing greater value to
students.[27] The
experts' perspectives on institutionalizing legal education were various. While
some agreed on value-based and skill-enhancing courses with an emphasis on legal
tech to improve education quality, some advised investing in moot courts to
improve soft and hard skills required of every legal practitioner.[28]
The private university prioritizes
both teaching and research. It additionally holds the authority to determine
the course pattern, as well as the inclusion of needed facilities in the
university's curriculum. However, college linked with a state university, is
more conventionally oriented, and hence its emphasis is mostly on teaching. It
has constraints and does not have the same freedoms as a private university.[29]
One of the foremost fundamental
difficulties confronting Indian legal education is an outmoded curriculum that
frequently fails to keep up with the fast-expanding legal world. Many law
schools continue to teach courses and materials that are no longer relevant to
the present legal environment, leaving students unprepared for the
ever-evolving nature of a legal career.[30]
Furthermore, rather than motivating
students to enhance their problem-solving and critical thinking abilities,
Indian law schools often prioritize rote memorization and retention of legal
provisions. This method of learning might impede students' capacity to adjust
to the ever-changing needs of the legal field and may result in a gap between
the academic preparation they receive and the real-world realities of legal
practice.[31]
6) Teaching and Research
Clearing UGC NET in addition to a
two-year PG in law is required for teaching in law institutions. Teachers are
those who encourage pupils to look beyond textbooks and guide them throughout
their course. Law professors are paid and given perks in a similar manner as
instructors of the arts and sciences. Pay and allowance to them is at par with
teachers in Arts and Science. Till date Law course is included as a discipline
in the arts streams rather than being recognised as a separate professional
course. Professor remuneration at private institutions does not adhere to UGC
standards. Due to their inexperience, the majority of the academics hired by
private institutions get minimal pay in exchange for training.
Moreover, an advocate must not be a
full-time employee of any person, government, firm, corporation, or concern[32]. Upon
accepting such employment, the advocate must inform the relevant Bar Council
and must stop practicing during that time.
As a result, once they begin full-time teaching, their registration as
advocate under BCI is canceled. Non-practicing allowance is not offered to
Advocates who desire to conduct postgraduate studies and immerse themselves in
academics.
Long-term research cannot be
supported by the level of research facilities available to an Indian law
faculty. Financial support for academic staff to conduct full-fledged research
in conformity with international standards appears to be lacking. Though
National Educational Policy (NEP) 2020 promotes the emergence of more private
institutions, the growth of private law institutions leads to human resource
exploitation. Teachers are forced to conduct non-teaching duties for the
institutions' daily operations and are even denied their allotted salary. [33]
Unrecognized benefits and salary make teaching the least desirable alternative
for people who wish to enter the profession. Even if they pursue teaching law
with a strong desire to do so, they are unable to properly carry out their
duties of educating students while dealing with these challenges.
7) Importance of insisting the professional Ethics:
By putting students' interests at the
very core of all decision-making, NEP 2020 seeks to provide them with
high-quality education that is relevant to them, as well as the skills they
need to deal with an ever-evolving world. It anticipates a new age of cultural
growth with the realization of a dynamic and intricate information society. But
a student centric view of education alone cannot breed good lawyers inclusion
and insisting on professional ethics in every part of academics needed. Law
students must know the value of their profession. But many students often
without knowing the core value just join the college for the tag they get
before their name. Conduct that violates ethics in legal services can have
serious implications. Furthermore, ethical breaches can result in the loss of
clients', colleagues', and the public's trust. Professional misbehavior can
have legal and financial consequences. Building a solid and moral profession of
lawyers requires both professional ethics and legal education. Legal education
can generate capable and morally responsible lawyers who respect the rule of
law and justice by building a solid foundation of legal knowledge. To develop
ethical behavior throughout a legal practitioner's career, it is critical that
law schools, professional bodies, and regulatory bodies work together.
CONCLUSION:
To stay up with globalization, the
legal education curriculum must be regularly changed to reflect the realities
of the time and to attract bright students to law schools. And it is crucial to
increase the bar for legal education so that it is on level with other
professional programs. The highly regarded Indian NLU must receive financial
assistance from the union government, much like AIIMS and IIT.
Legal education should not be
overlooked since it impacts everyday life.
Law schools should be established under state legislation and serve as
examples for other law institutions so that they may improve their standards in
terms of research, curriculum, faculty, and other areas.
Senior attorneys in a country are
also required to serve as positive role models for recent law graduates[34].
Therefore, it is essential to provide high-quality legal education in a nation
with more than 1000 law schools and colleges with 1.5 lakh law pupils who
graduate from these institutions each year in order to produce future advocates
and judges who will uphold the law.
SUGGESTIONS ON IMPROVING LEGAL EDUCATION:
The court in M Santhosh Antony Vareed V. Register of Madras[35]
denied a writ suit challenging the age requirement for a three-year LLB degree,
noting that Western countries prioritize admitting rank holders with higher
grades to law schools. Making legal
education meaningful is necessary. Law
students should appreciate the value of their field and not only get a degree
to add to their name.
William Wordsworth wrote “child is the father of man” likewise
law students the future of Legal Profession, Judiciary and Rule of Law.
Therefore, legal education, which was previously disregarded, has to be given
the highest attention. Legal education requires it to be on par with the other
professional courses. The following suggestions are made regarding quality law
education:
a) While legal classes are taught as
part-time courses in shifts and in a few universities, law classes must be
taught like ordinary college classes on the model of the National law School,
and attendance must be made necessary.
b) Class hours have to be held in two
sessions - morning and afternoon in which practical classes with daily
attendance are made necessary.
c) Higher scores, such as a minimum 60%
score and entrance exams would be required for entry into law schools so that
proportionally more capable, bright, and clever students would enroll in the
program, improving the standard and competence of the legal profession. Even if
greater scores are not enough to fill all the places in law institutions, such
seats do not necessarily need to be filled by applicants with lower marks. This
would help the law schools develop a respectable reputation.
d) It is necessary to appoint qualified
lecturers and professors on a full-time basis.
e) There must be adequate
infrastructure, including decent libraries, and colleges that do not have the
facilities should be shut down. The establishment of new institutions is
unnecessary given the abundance of existing law schools.
f) A five-year integrated course was
developed to replace the three-year degree; hence the three-year course must be
phased out.
g) Standardizing legal education is crucial
for keeping up with globalization, evolving patterns, and challenges in the
profession by revising the course curriculum.
h) Judges of the Supreme Court and High
Court, Senior Advocates, Academicians, and other jurists must be a part of the
formulation of the curriculum as well as participate through lectures, training
sessions, and other activities.
i) Moral and ethical principles must be
lectured as topics and instilled in students' minds since the legal profession
unavoidably requires them.
j) In order to connect with the general
public, law school learners must participate in experiential learning
opportunities such as court visits, social services, legal aids and legal
seminars.
k) Police officers, forensic officials
and various law related departmental experts can also be involved in legal
education by inviting them to provide lectures and seminars on investigations
into crimes and prosecution. The engagement of them would add a more practical
view of learning.
l) It is envisaged that through adopting
the four-year undergraduate curriculum, the NEP's emphasis on providing a
thorough, multidisciplinary, liberal education will be realized.
m) Apart from BCI and UGC, there must be
a National Council of Legal Education and Research (NCLER) formed to be the
highest body to make sole decisions concerning matters regarding legal
education.
[1] B.A.,L.L.M., Advocate.
[3] Former American Minister.
[4] https://www.goodreads.com/quotes/364191-and-just-because-you-have-colleges-and-universities-doesn-t-mean.
[5] Sanjit Kumar Chakraborty and Tushar Krishna,
“Promises andProspects of Legal Education in India in the Context of the New
Education Policy: A Reality Check”, Volume 9 Issue 1 (2021) Retrieved from (Jul.
29, 2024, 10:04 AM) https://journals.sagepub.com/doi/full/10.1177/23220058211065983#fn21-23220058211065983.
[6] Ibid.
[7] section 49(1) of advocates Act 1961.
[8] 184th Law Commission Report on Legal
Education & Professional Training and Proposals for Amendments to the
Advocates Act, 1961 and the University Grants Commission Act, 1956, 2002 retrieved
from (Aug. 01, 2024, 08:22 AM) https://lawcommissionofindia.nic.in/cat_legal_profession/.
[9]Section 7(1)h of Advocates Act,1996 - to promote legal education and to
lay down standards of such education in consultation with the Universities in
India imparting such education and the State Bar Councils.
[10] ibid.
[11] ibid.
[12] W.P.No.1213 of 2014 11th Aug., 2014.
[13] Retrived from
https://youngarenalitigators.blogspot.com/2017/03/bci-and-its-role-in-development-of.html.
[14] National Knowledge Commission Report 2005 (Retrieved
from 86th Report of the Law Commission of India on Promotion Legal
Education and Research under Advocates Act,1961).
[15] Law College Magazine, Bombay, 1936 at 15 (14th
Report of the Law Commission of India on Reforms of Judicial
Administration.1958 Retrieved from (Aug. 9, 2024, 1:54 PM) https://lawcommissionofindia.nic.in/cat_supreme_court_and_high_court/).
[16] CASE NO. Appeal (civil) 5301-5302 of 2001 on 28 Nov., 2006.
[17] 86th Report of the Law Commission of India
on Promotion Legal Education and Research under Advocates Act,1961 retrieved
from (Aug. 2, 2024, 11:30 AM) https://lawcommissionofindia.nic.in/cat_legal_profession/.
[18] W.P.No.18881 of 2011 & M.P.No.1 of 2011(Retrieved
from https://indiankanoon.org/).
[19] Indian Express dated Sep
24, 2023 Retrieved from (Aug. 06, 2024, 05:12
AM) https://indianexpress.com/article/education/no-bar-on-enrolling-law-graduates-who-cleared-class-10-12-exams-privately-madras-hc-5274171/
& Times of India dated 23rd Jul 2018 retrieved from
https://timesofinia.indiatimes.com.
[20] Supra at 3.
[21] https://www.indialegallive.com/constitutional-law-news/supreme-court-news/sc-asks-bci-to-reconsider-its-decision-prescribing-llb-age-limit-61943.
[22] Supra 14.
[23] Retrieved from https://indiankanoon.org/doc/1029236/.
[24] WP(C). No. 28492 of 2015 (J) on 23 Sept.,
2015(Retrieved from https://indiankanoon.org/).
[25] W.P.No.2994 of 2009 and M.P.Nos.1 and 2 of 2009 (Retrieved
from https://indiankanoon.org/).
[26] The National Knowledge Commission's 2008 retrieved
from (Sep. 9, 2024, 10:06 AM) https://journals.sagepub.com/doi/10.1177/2322005820946699?icid=int.sj-full-text.similar-articles.3#fn34-2322005820946699.
[27] Retrieved from (Sep. 19, 2024, 7:10 AM)
https://bwlegalworld.businessworld.in/article/Revamping-Legal-Ed-The-Law-School-Perspective/26-06-2023-481839/#:~:text=The%20Supreme%20Court%20recommended%20the,Law%20School%20Perspective%E2%80%9D%20took%20place.
[28] BW
Legal World- Future of Legal Education Summit 2023, a powerful session on
“Revamping Legal Education with The Law School Perspective” retrieved from (Sep.
19, 2024, 8:45 AM) https://bwlegalworld.businessworld.in/article/Revamping-Legal-Ed-The-Law-School-Perspective/26-06-2023-481839/.
[29] K. Rajashree, Chetan Singai & Shimreichon
Awungshi Shimray, “Advancement in Legal Education in India: Challenges and
Opportunities for Interdisciplinary Research:; Asian Journal of Legal Education
Volume 8, Issue 1, Jan 2021, Pages 66-78 © 2021 The West Bengal National
University of Juridical Sciences, Article Reuse
Guidelines (Sep. 19, 2024, 9:12 PM) (https://doi.org/10.1177/2322005820946699).
[30] (Sep. 19, 2024, 10:10 PM) https://www.linkedin.com/pulse/challenges-indian-legal-education-addressing-issues-bridging#:~:text=Indian%20legal%20education%20has%20traditionally,their%20abilities%20as%20legal%20professionals.
[31] ibid.
[33] Supra 3.
[34] 86th Report of the Law Commission of India
on Promotion Legal Education and Research under Advocates Act,1961.
[35] W.P.No.14877 of 2009 and M.P.Nos.1 & 2 of 2009 on
9 Sept., 2009.