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Legal Education in India: Scope, Importance, Objective

Law is important to society, as it serves its citizens as a norm of conduct. Legal education serves society liberally by imparting general and cultural education to law students , making them good law-abiding citizens. Such legal training instills in the students the significance and relevance of democratic culture. Law, legal education, and development have become interrelated topics in modern emerging societies trying to evolve into social welfare states and finding sustainable means to improve people’s socio-economic status. The same applies to our Country.

Introduction

Basic knowledge of the law has become necessary for all those who are engaged in administration, trade or industry. “A citizen to be successful in the enjoyment of his civic capacities needs basic knowledge of law at least some aspects of the law. Officials and others who perform important law roles, such as a policeman, businessman or politician, need to understand parts of the law and the policies and values underlying it.

According to  Justice Krishna Iyer, ‘Profession of law is a noble vocation and the members of the legal profession are of a very high Status ‘Law is the pillar of every community and it produces abiding people, lawyers, scholars and aspiring judges. In India, legal education refers to the training of lawyers prior to their entry into practice

As professional education, legal education equips law students to perform various roles in society and discharge different law jobs. In the modern democratic society, the range and scope of which is constantly expanding; for example- policymakers, lawyers, law teachers, administrators etc. Accordingly, in modern India it is realized that there should be breadth to legal education.

History of legal education

Historically speaking, legal education dates back to ancient times, when dharma and nyaya teachings were given to the kings and princes. Then during mughal period the concept of legal representatives came into existence. Even before Indian independence legal education existed, as many of our freedom fighters are from legal background. But, it only gained importance in the post-independence period. In certain conventional universities, law courses are offered for a three-year period but can only be taken after graduation.

During the British period legal education had begun in India. Much before India gained independence in 1947, at Hindu College in Calcutta and at Elphinstone College in Bombay law courses were launched.

Basic knowledge of the law has become necessary for all those who are engaged in administration, trade or industry. “A citizen to be successful in the enjoyment of his civic capacities needs basic knowledge of at least some aspects of the law. Officials and others who perform important law roles, such as a policeman, businessman or politician, need to understand parts of the law and the policies and values underlying it.

 According to  Justice Krishna Iyer, ‘Profession of law is a noble vocation and the members of the legal profession are of a very high Status ‘Law is the pillar of every community and it produces abiding people, lawyers, scholars and aspiring judges. In India, legal education refers to the training of lawyers prior to their entry into practice.

Legal Education Aims

  • Legal education should not only create lawyers but also be used as a legal instrument for social change. The principal aims of legal education are:
  • To provide a center where scholars can contribute to understanding the law and contribute to its growth and improvement;
  • To instill in students organizational legal rules and to provide them with sufficient experience in applying certain laws;
  • To train legal professional students;
  • To educate the students in solving the problems of the individual client and in solving the problems of the society in which he lives;
  • Pointing the right course for future development.
  • Thus, legal education should aim at furnishing skills and competence, for creation and maintenance of just society.

Objectives of legal education

  • To generate the various kinds of skills and knowledge necessary for social tasks.
  • Increase opportunities and social mobility, especially among groups that may have been disadvantaged.
  • Legal education targets can be multiple in a developing democratic country such as India. They are, do they?
  • Developing beliefs and understanding social issues, and shaping values and behaviors.
  • Develop interest research for education and community, using educational facilities.

Importance of juridical research

Legal education is a widely held concept. It includes the profession that is practiced in law courts, law teaching, law research and administration in various branches where law plays a key role. It injects a sense of equal justice before law. The bar and bench standard is a reflection of the quality and standard of legal education acquired at the school of law. Legal knowledge increases, if one understands the state’s affairs. In a democratic society the importance of legal education can’t be over-emphasised. Knowing the law is a must of everyone. Barbarism can’t be excused.

Legal education institutions

In the past decade, private colleges have played an important role in pursuing developments in legal education. They participate in the field of legal education and strive to enhance the standard of Indian legal education. National law schools on the other hand put emphasis on advanced learning. Many institutions conferred entirely with the teaching method of lecture and instead opted for more interactive and innovative learning methods. Law schools in India have a proliferating moot court culture that has made legal education more realistic and  intresting, than simply learning the letter of law. The importance of co-curricular activities such as seminars , workshops and so on has now become an indivisible part of the course. Internships are also a compulsory prerequisite during the time of study. Recruitments on campuses are a popular feature of most law schools.

In India legal education is experiencing a very exciting process. Though India has the world’s largest population of lawyers, it needs eminent lawyers. The prospects for bright law graduates are massive, and the new generation law schools have an important role to play in raising legal education quality in India. As a result, the legal education scenario is becoming increasingly specialized, as the well-wishers of the legal profession envisaged.

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Quality of Legal Education in India: All you need to know

Last updated on October 10, 2023 by ClearIAS Team

Legal education in India

In contemporary developing societies, which are vying to become social welfare states and are attempting to improve the socio-economic condition of the populace through peaceful means, the concepts of law, legal education, and development have come to be intertwined.

The same is valid in our nation. In a developing nation, it is essential for legal education to produce lawyers who have a social conscience.

For anyone involved in administration, trade, or industry, having a basic understanding of the law has become essential.

Table of Contents

What is legal education?

According to the Indian Law Commission, “Legal education is a science that imparts to students knowledge of specific principles and legal provisions to enable them to enter the legal profession.” Producing lawyers with a social conscience is the primary goal of legal education. But in the modern era, legal education ought to be seen as a tool for social design as well as a means of producing lawyers.

The legal profession is a noble calling, and its members enjoy a very high status, according to Justice Krishna Iyer. Every society is built on the rule of law, which also produces law-abiding citizens, lawyers, academics, and future judges. In India, legal education refers to the training that lawyers receive before they start practising.

According to historical accounts, teachings about dharma and Nyaya were given to kings and princes during the ancient era. Then, during the Mughal period , the idea of legal representatives emerged. Due to the fact that many of our freedom fighters had legal backgrounds, legal education existed even before India gained its independence. However, it wasn’t until after independence that it became significant.

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Some traditional universities offer three-year law programmes, but these can only be continued after receiving a degree. Later, the establishment of the National Law University in Bangalore and the introduction of five-year law programmes increased the popularity of legal education in the twenty-first century.

There are currently 1200 law colleges in India, including public and private universities, and about 21 national law universities. This article discusses how the Indian Bar Council controls legal education in India.

Legal education should not only produce lawyers but should be regarded as a legal instrument for social design. The main aims of legal education are as follows:

  •  To train students for the legal profession;
  •  To educate the students to solve the individual client’s problems as well as to solve the society’s problems in which he lives;
  • To provide a centre where scholars might contribute to the understanding of the law and participate in their growth and improvement;
  • To inculcate students with operative legal rules and to provide them adequate experience to apply these rules;
  • To point the right road for future development.

Thus, legal education should aim at furnishing skills and competence, for the creation and maintenance of a just society.

What is the Quality of Legal education in India?

The quality of legal education in India varies greatly among institutions. Some law schools in India are considered to be of very high quality, offering excellent resources and well-trained faculty, while others may have fewer resources and less qualified faculty.

The University Grants Commission (UGC) and the Bar Council of India (BCI) are the two main regulatory bodies responsible for maintaining the quality of legal education in India. However, the quality of legal education in India has been a matter of concern for a long time, with issues such as inadequate infrastructure, lack of qualified faculty, and poor quality of teaching cited as major problems.

The UGC and the BCI have made efforts to improve the quality of legal education, such as setting standards for accreditation and curriculum and providing funding for legal education institutions. However, these efforts have not been able to address all the issues related to the quality of legal education in India.

In recent times, the legal education system has been facing challenges such as a lack of practical training and exposure, inadequate research, and a lack of focus on the needs of the legal profession.

Overall, while there are some high-quality legal education institutions in India, the overall quality of legal education in India is considered to be inadequate by many experts and practitioners.

Objectives of legal education

The objectives of legal education may be multi-fold in a developing democratic country like India. They are,

  • To develop research of value to education and society with the use of educational facilities.
  • Provide students with a comprehensive understanding of the legal system: This includes teaching students about the sources of law, the structure of the legal system, and the processes of legal reasoning and decision-making.
  • To generate different kinds of skills and knowledge needed for tasks in society.
  • Develop students’ legal research, writing, and advocacy skills: Legal education aims to teach students how to research and analyze legal issues, how to communicate effectively in legal contexts, and how to present legal arguments in writing and in court.
  • Encourage critical thinking and ethical behaviour: Legal education aims to teach students how to think critically about legal issues, how to consider the implications of different legal decisions, and how to conduct themselves ethically as lawyers.
  • Prepare students for the legal profession: Legal education aims to prepare students for the legal profession by providing them with the knowledge and skills necessary to practice law and pass the bar exam.
  • To broaden opportunity and mobility in society – notably among groups who may have been deprived.
  • Foster civic responsibility and public service: Legal education can also aim to foster civic responsibility and public service by encouraging students to use their legal knowledge and skills for the benefit of their communities.
  • Provide a global perspective: Legal education can aim to provide a global perspective on the law by exposing students to different legal systems and cultures, and by encouraging them to think about the role of law in an increasingly interconnected world.
  • Promote innovation and research: Legal education can aim to promote innovation and research by encouraging students to think about new ways of approaching legal issues, and by fostering an environment of scholarly inquiry.
  • To develop perceptions and to understand the problems of one’s society and to influence values and attitudes.
  • Encourage diversity and inclusion: Legal education can aim to encourage diversity and inclusion by providing opportunities for students from different backgrounds to study and learn together, and by promoting an understanding of the perspectives and experiences of different groups.

Importance of legal education

The concept of legal education is broad. It encompasses the profession that is exercised in a court of law, as well as administration in various fields where the law is essential. It promotes equality before the law.

  • Providing the foundation for the legal profession: Legal education provides the foundation for the legal profession by teaching the knowledge, skills, and values necessary for the practice of law.
  • Ensuring access to justice: Legal education is essential for ensuring access to justice, as it trains the individuals who will provide legal services and represent clients in court.
  • Promoting the rule of law: Legal education plays a crucial role in promoting the rule of law, by educating individuals about the legal system and their rights and responsibilities as citizens.
  • Facilitating economic and social development: Legal education is important for facilitating economic and social development, as it enables individuals to understand and navigate the legal system and to participate in creating laws and policies.
  • Encouraging critical thinking: Legal education encourages critical thinking and problem-solving skills, which are essential for analyzing complex legal issues and making informed decisions.
  • Providing a vehicle for social change: Legal education can be a vehicle for social change, by training individuals to advocate for marginalized groups and to work towards a more just society.
  • Encouraging professionalism and ethical behaviour: Legal education promotes professionalism and ethical behaviour among lawyers, which is important for maintaining the integrity of the legal profession and ensuring that justice is served.
  • Fostering global understanding: Legal education can foster global understanding by exposing students to different legal systems and cultures, and by encouraging them to think about the role of law in an increasingly interconnected world.

The calibre and standard of the legal education received at law school are reflected in the bar and bench. If one is aware of state affairs, one is better equipped to understand the law. In a democratic society, the value of legal education cannot be overstated.

Everyone has a responsibility to be aware of the law. Law-related ignorance is not an excuse. As a result, legal education not only creates influential lawyers but also law-abiding citizens with respect for human rights.

Factors that influence legal education in India

Legal education is influenced by a multitude of factors. They are as follows-

  • Governmental policy: Government policies and regulations play a significant role in shaping the legal education system in India, including funding, accreditation, and curriculum development.
  • Bar council of India: The Bar Council of India (BCI) is the regulatory body for legal education in India, and its policies and decisions can have a significant impact on the legal education system.
  • University grants commission: The UGC is responsible for funding and regulating legal education in India. It sets standards for accreditation and curriculum and provides funding for legal education institutions.
  • Affiliating universities: Universities play a major role in shaping legal education in India through their affiliating role with law colleges. They have the power to approve the curriculum, faculty, and infrastructure of the law colleges.
  • The private governing body of law colleges: Many law colleges in India are run by private governing bodies, which have a significant influence on the direction and focus of legal education in these institutions. These bodies set the admission criteria, and fees, and have a major role in the decision-making of the institutions.
  • National litigation policy: The government’s national litigation policy can also influence legal education in India by shaping the demand for legal professionals with specific skills and expertise.
  • Developments in the legal profession: Legal education in India is also influenced by international developments and trends in legal education. This includes the adoption of international best practices, exchange programs, and collaborations with foreign universities.
  • Developments in the legal system: The legal system is constantly evolving, and legal education must keep pace with these changes in order to ensure that graduates are equipped with the knowledge and skills they need to practice law effectively.
  • The kind of students who enrol: The student body can also play a role in shaping legal education, as the needs and interests of students can influence the curriculum and resources available.
  • The calibre and commitment of the faculty: The calibre and commitment of the faculty can have a significant impact on the quality of legal education.
  • The infrastructure available: Legal education institutions require a range of resources, such as libraries, computer labs, and moot courts, to provide a comprehensive education for their students.
  • Technological advancements: Technology is constantly changing and this has an impact on the legal education system. For example, the use of online resources and virtual classrooms.
  • The developments in other fields of education: Legal education is also influenced by developments in other fields of education, such as the use of problem-based learning and interdisciplinary approaches.
  • The changes in society: Legal education is also influenced by the changes in society. For example, the increasing awareness of human rights and environmental issues may lead to the inclusion of such subjects in the curriculum.

Legal education institutions

Over the past ten years, private universities have taken a significant part in studying how legal education has changed. They work in the area of legal education and make an effort to raise the standard of legal instruction in India. National Law Schools, on the other hand, placed a strong emphasis on specialised education.

Many institutions have decided to completely abandon the lecture method of instruction in favour of more engaging and creative learning techniques. Moot courts are a common practice in Indian law schools, which has made legal education more practical and behavioural than merely learning the letter of the law.

The importance of extracurricular activities like seminars, workshops, and other events has now been integrated into the curriculum. The requirement for internships during the study period has been changed to mandatory. On-campus hiring has become a standard practice at the majority of law schools.

What are the Challenges?

There are several challenges associated with legal education in India, including:

  • Quality of teaching: Many law schools in India have been criticized for having poor quality of teaching, with inadequate resources and infrastructure, and a lack of well-trained and motivated faculty.
  • Curriculum: The legal curriculum in India has been criticized for being outdated and not reflective of the changing legal and social landscape.
  • Access to legal education: Legal education in India is expensive and out of reach for many people from lower socioeconomic backgrounds, which can limit diversity in the legal profession.
  • Employment opportunities: Despite a large number of law graduates, there are limited employment opportunities in the legal sector, which can lead to a surplus of unemployed or underemployed graduates.
  • Professionalism: There have been concerns about the lack of professionalism and ethics among some lawyers in India, which can negatively impact the legal profession and the administration of justice.
  • Legal aid and access to justice: India’s legal aid system is underfunded and overburdened, which can make it difficult for people from marginalized communities to access justice.
  • Research and innovation: There is a lack of focus on research and innovation in legal education in India, which can limit the development of new ideas and approaches to legal issues.

Legal education in India is going through a very exciting phase. Though India has the largest population of lawyers in the world, there is a need for eminent lawyers.

The opportunities for bright law graduates are massive and the new generation of law schools has a major role to improve the standards of legal education in India.

Hence, the scenario of legal education is becoming more and more specialized as was envisioned by the well-wishers of the legal profession.

Article Written by: Remya

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Legal Education in India: Problems and Challenges

Profile image of B.C. Nirmal

2012, IIUM Law Journal

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objectives of legal education in india

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Journal of Commonwealth Law and Legal Education

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The face of post-independent Indian legal education has altered dramatically since the inception (and consequent replication) of the five-year national law school model. Whereas traditional Indian universities offered (and in some cases continue to offer) law as a three-year full or part-time graduate programme, the new national law schools have sought to foster, through an intensive five-year model, a combined degree in law and the arts with a strong commitment to improve existing legal infrastructure. Indeed, with this ambition, these schools have spearheaded critical changes in syllabi and structure to challenge a new generation of lawyers to think critically, analyse comprehensively, and argue articulately. But more than twenty years after the Bar Council of India started the first law school dedicated to the multidisciplinary, socially influential teaching of law, now is the time perhaps for retrospection and analysis. What was the initial impetus that fostered the need for these law schools? And more importantly, have the schools met the ambitions that encouraged their consciously rushed growth? By (a) tracing the events that led to the inception of these schools, (b) locating their historical impetus and functional direction, (c) understanding the differentiated role of the national law school and (d) reviewing its limitations within the larger Indian higher education landscape, this article seeks to answer these larger questions as well as analyse critically the steps that are needed to regain sustainable momentum in the movement towards a socially culpable and intellectually relevant legal education – is it time for another inquiry?

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For more than a half century, and certainly since Independence, the great minds in India have struggled to improve the nation’s institutions, including its legal systems and especially its law schools. These grand, well-intentioned and high-minded efforts by scholars, politicians, legal practitioners, jurists and even U.S. foundations, largely have foundered. In 1948, a notable reform effort focused on teachers of the law, aiming to improve law schools and the lives of students in part by elevating faculty scholarship; in the decades that followed, attention went to students, their classes and qualifications, or to efforts to provide model study plans and schools.1 Yet another chapter in this long effort has opened with the submission of the recommendations from a working group on legal education.2 These latest would-be reformers, summoned to their labors by the prime minister, no less, have emphasized the need to improve faculty and teaching standards in India’s legal academies. Th...

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This article outlines legal education reform debate occurring around the world and the developments in India and is designed to be useful to legal educators in India to respond to the NKC's recommendations. These intersecting reform trends in other parts of the world include: (1) reframing of curricular content to integrate cross-border and international dimensions of practice; (2) greater emphasis on problem-solving, negotiation, and transactional practice to balance the traditional law school curricular focus on litigation; (3) connection of theory and practice through clinical legal education; and (4) use of new technologies for learning. A pervasive theme found within the last three trends is the need to place greater emphasis on values and ethics. The article then turns to the legal education context in India, with over 900 institutions offering law courses, and highlights reforms efforts in Indian legal education. Government bodies, including the Bar Council of India, Law Commission of India, and University Grants Commission, have convened expert panels that have recommended legal education reforms, some of which have been implemented and some of which are pending. Eminent professors have admirably guided such efforts. However, it appears that greater dialogue among the vast numbers of Indian law teachers is needed: – to envision the role that lawyers can play in bringing about a more just society within India and in strengthening India as a country globally; – to identify and implement improvements needed in pedagogy and curriculum; and – to improve the infrastructure supporting legal education itself, in particular, teacher training, professional development and teaching materials, and community service materials. Sharing ideas through legal research and scholarship is important to initiate the dialogue. Specific treatment of strengthening support for law teachers for conducting legal and socio-legal research will be the subject of a subsequent article. This article poses broad questions for law teachers to consider and seeks to inspire the Indian law teachers to collaborate more closely, using new readily available technologies, to contribute more interactively to legal education reform.

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objectives of legal education in india

The Future of the Indian Legal Profession

The indian legal profession.

objectives of legal education in india

Let me begin by telling you that one of the most significant impacts of the last 20 years or so has been on legal education in India due to the increasing number of law graduates—particularly from the elite law schools—who chose to work in law firms. The prospect of high-paying corporate jobs at the end of the law course has changed who applies to law schools, the choice of law schools, the educational experience at law schools, and how much students are willing to pay for legal education.

I must tell you a story about Delhi University, when I was a law student. A very enterprising friend asked me, “What are you going to do after you graduate law school?” I said, “I am going to be a lawyer.” He said, “How are you going to earn your income?” I said, “From the practice of the law.” He said, “You belong to a legal family. Why don’t you, through your contacts, get a gas agency or a petroleum outlet?” I said, “What does that have to do with all our learning as lawyers?” He said, “That’s how you are going to make your income as a lawyer.”

The demand of corporate law firms for law graduates, and the exceedingly high supply of law graduates, has significantly altered the landscape of legal education.

But that was true of India in the 1980s. Prior to the emergence of the corporate legal sector, jobs available to graduating lawyers like me were mostly assisting as junior advocates that paid little or nothing. Law was, thus, not always a viable profession for students who did not have families that would support them for a long period of time. The late 1980s and 1990s saw the setting up of the National Law Schools with the objective of supplying well-trained lawyers to the bar and the bench so that access to justice is enlarged and the quality of the justice to the common man is improved and strengthened.

Yet, what we have really produced is something in the reverse. The 1990s were also a milestone in the Indian economy, and the landscape of a liberalized Indian economy created a demand for lawyers who could provide legal advice in a completely new terrain. This led to the growth of the corporate legal sector. The high-pay packages that are offered at law firms, even at the entry level, have now made law a more lucrative and alluring profession, leading to a dramatic increase in the number of students pursuing law as a career option.

The demand of corporate law firms for law graduates, and the exceedingly high supply of law graduates, has significantly altered the landscape of legal education. The most influential law firms that offer high-paying jobs at the entry level are known to recruit from only a handful of the top law schools. Students interested in securing these jobs scramble to gain admission into one of these select law schools in India. Prospective law students and lawyers are willing to pay much more and even take loans to attend law schools that offer highly remunerative jobs. In 1982, we had to pay a princely sum of Rs200 in fees every quarter at Delhi University. The financial return from working in a law firm comes much sooner than it does in litigation, making the investment in legal education a less risky investment for the young.

The quest for a high-paying job at a law firm does not end with gaining admission into a law school. Students interested in gaining employment in the corporate legal sector fashion their choice of courses, their extracurricular activities, as well as the internships they pursue, in a manner that would make them attractive candidates for recruitment—a corporatization of education.

At this point, it is important to mention that these elite law schools in India, roughly a dozen in number, represent only a small fraction of the nearly 1,390 law colleges recognized by the Bar Council of India. The corporate legal sector is known to recruit only from the top-most law schools, which are really a single-digit number. Unfortunately, some of our law firms are also known to discriminate between graduates at the same position or level by offering lower salaries to graduates of what are considered to be tier 2 and tier 3 law schools. This elitism and the discriminatory practice itself must be condemned, because it is antithetical to the principles of fairness and equality upon which the practice of law is founded. Not only do these practices deprive meritorious students of opportunities, but they also deprive the corporate legal structure of the talented legal minds that are found in the majority of Indian law schools and colleges.

A top Indian law firm discriminates in salaries on the basis of your grades in law school. If you were in the top 10 ranks of your batch, your salary is roughly Rs100,000 more per month. While this may be some way to reward academic excellence, it is time we moved away from recognizing merit only through grades and university rankings given that the Indian legal education system is far from perfect.

An overwhelming majority of the top students in India’s best legal institutions now work in the corporate sector.

The fact that legal education is now being viewed as a means to secure a job in a high-paying law firm is evident in the manner in which law schools are ranked. Recruitment by the corporate sector is the most important factor in determining law school rankings. This approach of viewing legal education as only a means to an end and not an end in itself is problematic and is leading to our young lawyers missing out on the true value of education in their lives.

Let me now say a little bit about public law. In a developing country like India, the constitution employs the legal system to facilitate the eradication of discrimination, inequalities of status, and inequalities of opportunity, and to ensure justice to all in social, economic, and political spheres. However, an overwhelming majority of the top students in India’s best legal institutions now work in the corporate sector. Members of the bar and bench frequently lament the corporatization of legal education due to which the objectives with which national law schools were created are not being met.

Yet, there are positives. There is an increasing social and economic mobility, and an overcoming of some of the barriers that exist in litigation in India even today. But, there is a flip side to this trend. The impact on the growth of the bar and the bench, and therefore on the quality of justice delivered, has wavered.

Since the National Law Schools were set up in 1986, there has been just one National Law School graduate that has made it to the higher judiciary, a development that has taken place only this year when a 1996 alumnus of the National Law School in Bangalore, Mr. Shekhar Saraf, was elevated as the judge of the Calcutta High Court. A few more are now in the pipeline. At the same time, in 2014, 26 percent of the partnerships of the top six corporate law firms in India were occupied by graduates of the same National Law School. Therefore, this sense of disparity between the mainstream—the base of the pyramid, as I call it—and the tip of the pyramid is for all of you to see.

In the 63-year-old history of the Supreme Court, out of 204 judges, only five have been women—a poor 2.5 percent.

Instead of lamenting the growth of this corporate legal structure and the potential loss of legal talent on the litigation side of the profession, we must look at how we can address the factors that impede young lawyers from joining litigation. Young lawyers, who were interviewed in the course of this new research, have reported that, at the outset of their careers, they had considered litigation but thought that the field would be too difficult to break into given the social position and connections that were perceived to be a prerequisite for success. They believe that law firms provide a far more professional meritocratic environment. In litigation today, to seek access to a good chamber is unheard of for a person who is not connected in the law. There’s no guarantee of income. These are some of the hard realities which young lawyers face. In that sense, litigation has not really changed in terms of its perception, say, 20 or 30 years ago. Litigation does continue today, even now, as a sort of old boys’ club. Young juniors entering litigation today are paid little or nothing as compared to their corporate peers.

The unfortunate effect of this is that it makes litigation an exclusive domain and the privilege of only a chosen few who have families with the means to support them during the difficult initial years. What is most disheartening is that litigation as an option is closed to those who might have been truly passionate about it—and would have made great future counsel or judges in our country—simply because it is not possible for them to continue on the meager salaries when they have spent significant sums for their education and have families to support. So instead of potential social activist lawyers or human rights lawyers, we are increasingly—as a consequence of economic necessity—converting them into, if I may call them, corporate geeks.

Let me now dwell very briefly on the role of women in India’s law firms. The Indian legal profession has been predominantly male dominated. A brief look at our statistics shows that there are far fewer women in positions of power, just as there are far fewer women in general who are practicing in the litigation sector. As of 2012, only five out of 294 lawyers who have been promoted to the position of senior advocate in the Supreme Court of India have been women—an abysmal 2 percent. Similarly, in the 63-year-old history of the Supreme Court, out of 204 judges, only five have been women—a poor 2.5 percent.

We must still question the extent to which the corporate legal sector has been able to challenge entrenched power structures and hierarchies.

Recent comparative research on the demographics of the international legal profession shows that Indian women have the lowest representation in the legal profession as compared to other countries. Women represent 50 percent in Finland, 30 percent in the United States, and generally between 10 percent and 20 percent in Asian countries. The percentage of women in the Indian legal profession has remained at only 5 percent.

But there’s a silver lining. In stark contrast to this depressing picture, in litigation the gender dynamics in elite corporate law firms seems to offer some hope. Women in corporate law firms seem to be entering and succeeding on par with their male peers at all levels of advancement, including partnerships. These seemingly gender-neutral trajectories in elite law firms are very encouraging, given the general inequalities of the workplace in India. In particular, we must still question the extent to which the corporate legal sector has been able to challenge entrenched power structures and hierarchies. How many women are truly in positions of power in the corporate legal sector as managing partners or as equity partners?

Let me briefly address the lack of the pro bono culture in India’s law firms. Indian law firms lack an institutionalized pro bono culture, unlike western law firms, which has also been reaffirmed through the findings of this latest empirical research. It appears that litigation-based pro bono work forms the smallest constituent of the overall pro bono work done by law firms, and corporate law firms have participated in only a handful of court cases on a pro bono basis. When asked about their preferred mode of performing pro bono work, it appears that almost all law firms chose providing their regular transactional services for not-for-profit or social entrepreneurial clients at free or reduced rates over participating in litigation matters involving those in need. Given the lack of pro bono culture in India, there is little empirical research at present to explain this choice. One of the reasons which was given by the president of the society for Indian law firms is that the mandate to provide pro bono legal services is entrusted to the National Legal Services Authority of India. That really begs the question and is symptomatic of an Indian problem in governance—the mindset of “pass the buck to someone else.”

There is something in the practice of law in the courts which sharpens your skills, whether you’re a politician or you’re in the corporate legal sector.

The corporate legal sector must realize that national networks of legal service providers, including NGOs, are unable to meet the needs of India’s disadvantaged population today and most organizations face significant resource constrains. The legal profession in that sense cannot live in ignorance of the reality of India—a burgeoning population and a society that is characterized by massive inequalities and injustice. Development, in my mind, should not mask the reality and truth of India, and the truth of India is that you’re confronting discrimination, violence towards women, gender injustice—I see it every day of my life as a judge and realize how little we can do sometimes to reform the system.

I personally believe that lawyers for whom the legal profession has been extraordinarily profitable have a special responsibility and commitment to address the problem of access to justice in India. As Justice Ruth Bader Ginsburg of the U.S. Supreme Court remarked, “A lawyer will gain a large satisfaction when he or she is not simply a fee-charging artisan, but a contributor to the public good.” And there is something which contributing to pro bono provides for lawyers in the corporate legal sector. There is something in the practice of law in the courts which sharpens your skills, whether you’re a politician or you’re in the corporate legal sector. Zia Modi always mentions this to me that it was really the skills which you learn while brushing shoulders with opponents in a court, trying to figure out the psychology of a judge, that gives you that edge when you do transactional lawyering.

I want to make two last points before I conclude. The second-to-last point is on technology and law. Speaking about a web-based platform brings me to the remarkable and perhaps even unfathomable ways in which technology is going to influence the practice of law, including in the corporate legal sector.

In the age that we have, which sees an expansion in the information technology landscape, the pervasive role of the internet and technology cannot be ignored. In such an information-centric world where cloud computing, information processing, machine learning, knowledge processing, and speech synthesis are the mainstay, organizational boundaries are being realigned and are continuously shifting to new directions to meet these emerging realities. Artificial intelligence systems find increasing relevance and usage in fields and industries, including finance, health care, education, transportation, and more.

As markets open to the world, specialization is necessary for firms to gain an advantage over their competitors.

Despite such giant leaps in various sectors of our economy, the legal profession has generally been slow to adapt to technological changes. Disruption-averse, our law firms and corporate legal sector continue to be driven by inefficient practices and dependency on manual systems—a far cry from the increasing automation and innovation in our world. However, this practice will inevitably change in the future.

Moreover, there is an increasing competition and focus on efficiency in the global markets, which is bound to affect our corporate legal culture. As markets open to the world, specialization is necessary for firms to gain an advantage over their competitors. On the one hand, these systems increase output by streamlining the information systems and reducing the duplication of work. On the other hand, they improve quality due to specialization and focused training.

Law firms in India need to be more sensitive to their employees’ concerns about unsatisfactory work cultures and a complete lack of work-life balance.

Lastly, there is an important issue that is neglected and rarely discussed in the legal profession: mental health for young lawyers. Lawyers’ jobs can often be very stressful, and thus lawyers are prone to addiction and struggle with mental health issues like depression—both at a higher rate than the general population. This is supported by findings of various research studies in the United States and Australia, which conclude that lawyers suffer from significantly lower levels of psychological and psychosomatic health and well-being than other professionals. Various law firms abroad have now started taking mental health issues very seriously. They are offering on-site psychologists and incorporating mental health support alongside other wellness initiatives.

The tragedy in India is that the supply always outstrips the demand. There are no empirical studies on the Indian legal profession in this area due to the general stigma regarding mental health issues. However, the steep increase in the number of suicides in India’s premier legal institutions is indicative of the systemic flaws in our system. Of late, efforts have been made by law colleges, such as the Gujarat National Law University or the National Academy of Legal Studies and Research in Hyderabad, and their students to recognize the need for addressing these concerns and provide avenues for students to reach out within the institution. In comparison to these recent initiatives by law schools, the legal profession, including the corporate legal sector, is doing woefully little.

It is almost presumed that if you’re a young lawyer in a corporate law firm, you should be answering the call from the boss at 3 o’clock in the morning. Law firms in India need to be more sensitive to their employees’ concerns about unsatisfactory work cultures and a complete lack of work-life balance. Since many issues specific to the legal profession are responsible for the heightened level of stress that most of us have felt, general empathy and sensitivity to understand mental issues must be accompanied with a knowledge of the idiosyncrasies of our legal profession. As lawyers, we must collectively work to create a healthier work environment. Change on an institutional level requires the creation of support structures, a massive change in our attitude, and a destigmatization of mental health issues among members of the legal profession.

Like almost everything in India, there is this great divide, and nowhere is this great divide reflected more clearly than in the divide between those who work in corporate law firms and those who service the needs of the average Indian citizen.

Let me conclude then by saying that this new research is of immense interest to academics, lawyers, policy makers—anyone interested in or affected by the critical role that the rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India—and how these countries are integrating into the institutions of global governance and the overall global market for legal services. The research provides some important insights at a time when crucial decisions are being made regarding the future of the legal services sector, particularly regarding further liberalization of the legal services market to allow the entry of foreign law firms into India.

Yet, it must be remembered that the corporate legal structure still forms a minuscule fraction of the legal profession in India in terms of the number of legal professionals. Like almost everything in India, there is this great divide, and nowhere is this great divide reflected more clearly than in the divide between those who work in corporate law firms and those who service the needs of the average Indian citizen. While the size of this sector is going to increase in the coming years, traditional lawyers in the litigation sector will far outnumber corporate lawyers for years to come. I’ll close with a hope and a suggestion: that, just as this wonderful research has been done as part of the corporatization of the legal sector in India, another piece of extensive research be carried out on that part of the legal profession which forms the majority of the legal profession in India, which is untouched by economic development.

The Honorable Judge Dhananjaya Y. Chandrachud is a sitting judge of the Supreme Court of India.

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The Landscape of Legal Pedagogy in India: Issues and Challenges

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B.T. Muragendra, “Need to Relook Legal Education in India”, 50 (14) University News , 2012, at 5.

Arthur T. Von Mehren, “Law and Legal Education in India: Some Observations”, 78 Harv. L.Rev., 1965, at 1180; See Swethaa Ballakrishnen, “Legal Education and Indian Returnees”, 80(6) Fordham Law Review, 2012, at 2456.

Available at: www.barcouncilofindia.org [accessed on February 18, 2013].

Since ignorance of law is no excuse or everyone is presumed to know the law of the land.

The Constitution of India, Concurrent List, Entry 25.

B.T. Murgendra, supra note 1.

The Advocates Act, 1961, section 7(h).

Justice V.R. Krishna Iyer and Justice P.N. Bhagwati in 1973, the Expert Committee on Legal Aid, Ministry of Law and Justice; Committee on National Juridicare: Equal Justice–Social Justice, 1977; available at: http://www.legalserviceindia.com/articles/laid.htm [accessed on February 18, 2013].

Curriculum Development Committee (CDC) Report, available at: http://www.barcouncilofindia.org/wp-content/uploads/2011/08/cdc-report-web.pdf [accessed on February 21, 2013].

Available at: www.knowledgecommission.gov.in/recommendations/legaleducation.asp [accessed on January 31, 2013].

Larry E. Ribstein, “Practicing Theory: Legal Education for the 21st Century”, 96 IOWA Law Review , 2011, at 1655.

C. Rajkumar, “Global Legal Education in India: Opportunities and Challenges”, Halsbury’s Law , 2009, pp. 12–19.

The statement of BCI to Parliamentary Standing Committee reviewing the Higher Education and Research Bill (HER), 2011, available at: www.legallyindia.com [accessed on February 18, 2013].

Professor Shamnad Basheer, NUJS Kolkata has drafted the petition; Professor Upendra Baxi, former Vice-Chancellor, Delhi University; and Professor M.P. Singh, former Vice-Chancellor, NUJS Kolkata are few of the signatories to the petition. The online version of the petition is signed by 250 law students and lawyers. available at: http://www.legallyindia.com/201208223051/Law-schools/law-teachers-ask-bci-for-say-in-legal-ed-a-to-scrap-compulsory-web-portal-fees [accessed on January 31, 2013].

N.R. Madhava Menon, “Training in Legal Education: Some Comparative Insights from Indian and American Experience”, 49(3) JILI, at 400.

Ranbir Singh, “Reforms in Legal Education and Legal Profession in India”, Andhra Law Times , 1998, pp. 15–18.

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Legal Education in India: Challenges, Innovations, and a Vision for Tomorrow

objectives of legal education in india

By -  King Stubb & Kasiva on  January 5, 2024

Introduction:

Education serves as the guiding light that illuminates the path of humanity, nurturing rational thinking, knowledge enhancement, and self-sufficiency. Dr. Babasaheb Ambedkar highlighted the liberating power of education, calling upon all individuals to unite, educate themselves, and confront societal challenges. Legal education in India has undergone a remarkable journey, shaped by historical events, societal needs, and legislative interventions, and in a democratic society, the significance of it extends beyond producing proficient lawyers; it shapes the very fabric of civic consciousness, fostering a culture of equality before the law. This article explores the multifaceted realm of legal education, examining its importance, the influencing factors, Constitutional Provisions, the current landscape of legal educational institutions through the role of BCI, UGC, persistent challenges, and constructive suggestions for a transformative future.

Table of Contents

The importance of legal education :.

Globalization has expanded the roles of lawyers, expecting them to be social engineers. The objectives of legal education encompass meeting societal demands, moderating change, upholding moral values, and producing efficient lawyers equipped with theoretical and practical skills. Legal education should not only accumulate information but also instill a sense of responsibility and moral values in students.

Legal education in India, in its broadest sense, encompasses not only the training of legal professionals but also the cultivation of informed and law-abiding citizens. It also serves as the cornerstone of a democratic society by instilling a deep understanding of equality before the law. The quality of legal education manifests in the standards upheld by the bar and bench, reflecting the competence of legal professionals. Moreover, legal literacy is not merely a professional necessity but a civic duty, ensuring that individuals comprehend their rights and responsibilities, thereby contributing to a society governed by principles of justice and human rights.

Legal Profession – A Noble Calling:

The establishment of specialized law universities, starting with the National Law School of India University in 1986, [1] marked a significant shift in legal education. These universities offer integrated law degrees beyond traditional LL.B. or B.A. LL.B., reflecting a multidisciplinary approach, emphasizing specialized education and practical learning through moot courts, challenging traditional lecture-based methods. The integration of extracurricular activities, seminars, workshops, and mandatory internships has transformed legal education into a more holistic and engaging experience. Simultaneously, from the last decade, legal education in India has witnessed notable changes as private universities have emerged equally as significant contributors, actively engaging in the study and enhancement of legal education.

Constitutional Position:

The Constitution of India entrusts the regulation of legal education to both the Bar Council of India and the University Grants Commission. Entries 66, and 25 of List I and List III respectively empower the Parliament and state governments to enact laws related to legal education. [2] The Bar Council of India [3] focuses on professional standards, while the UGC oversees terms of teacher appointments, infrastructure support, and maintains standards of education.

Role of Supreme Court:

The Supreme Court has played a vital role in emphasizing the importance of legal education. Court judgments, such as Deepak Sibal v. State of Punjab, [4] highlight the need to encourage legal study without undue intervention. The court has recognized the right to education, including legal education, as a fundamental right under Article 14 [5] .

Roles of Bar Council of India and University Grants Commission :

The Bar Council of India, established under the Advocates Act of 1961, [6] sets minimum qualifications and standards for legal education, emphasizing its regulatory and educational roles. Legal education in India, as overseen by the Bar Council of India, aims to provide a platform for scholars to contribute to legal understanding, ingrain organizational legal rules, train legal professionals, and address individual and societal problems. The overarching goal is to furnish skills and competence for the creation and maintenance of a just society. Simultaneously, the University Grants Commission [7] coordinates university education, allocates grants, and ensures standards in teaching, examination, and research.

Impact of Bar Council's Decision on Foreign Lawyers :

The Bar Council of India's decision to allow foreign lawyers and law firms in India has opened new opportunities for Indian lawyers. This move has created job prospects with foreign law firms, providing exposure to international legal practices. However, it also poses challenges, necessitating Indian lawyers to adopt modern practices to remain competitive globally.

Lacunae in Present Legal Education:

Despite its noble objectives, the current legal education system in India faces various challenges, including the lack of separate law universities in all states, the affiliation of law institutions with general universities causing curriculum issues, mushrooming of ill-equipped private law colleges, limited access for lower socioeconomic backgrounds, limited employment opportunities, concerns about professionalism, underfunded legal aid, and a lack of emphasis on research and innovation, shortage of qualified and motivated teachers. Additionally, traditional teaching methods, language disparities, and poor attendance contribute to the deficiencies in legal education.

Suggestions for Enhancing Legal Education:

To address these challenges, legal education in India should undergo significant reforms. Suggestions include regulating and supervising college affiliations, emphasizing case and problem-based teaching methods, and providing practical training in drafting pleadings and contracts and also:

Promoting Philanthropy and Practical Experience: Encouraging philanthropic initiatives in legal education and creating endowments can contribute to financial support for law colleges. Furthermore, internships and externships at law schools, coupled with legal aid clinics, can offer students hands-on experience and exposure to real-world legal challenges.

Revitalizing Teaching Methods: Adopting a modern and innovative approach to teaching is crucial for legal education's effectiveness. Incorporating clinical legal education programs, moot courts, legal aid clinics, and internships can provide practical exposure and prepare students for the complexities of the legal profession. Additionally, faculty members with practical experience should be actively recruited to bridge the gap between theory and practice.

Conclusion:

Legal education in India faces challenges that hinder the professional development of lawyers. Reforms are essential to align legal education with global standards, emphasize practical training, and bridge the gap between academia and the legal profession. Reforming legal education is not just a necessity but a demand.

The evolution of legal education in India so far has been a commendable effort, but there is a pressing need to align with global standards. Emphasizing practical training is the need of the hour, bridging the theoretical knowledge acquired in classrooms with the real-world complexities of legal practice. Embracing change and adapting to the demands of a dynamic society will pave the way for a generation of lawyers equipped with not only theoretical knowledge but also practical skills.

What is the role of the Bar Council of India (BCI) in legal education?

The Bar Council of India plays a crucial role in regulating and setting standards for legal education in India. It focuses on both the regulatory and educational aspects, establishing minimum qualifications, overseeing professional standards, and ensuring the competence of legal professionals.

How does the Constitution of India empower legal education regulation?

The Constitution of India empowers the regulation of legal education through Entries 66, 77, and 78 of List I, which give the Parliament authority to enact laws related to legal education. The Bar Council of India and the University Grants Commission (UGC) are entrusted with regulatory responsibilities, with the UGC overseeing aspects like teacher appointments and infrastructure support.

What challenges does legal education in India currently face?

Legal education in India confronts challenges such as the lack of separate law universities in all states, affiliation issues with general universities, the proliferation of ill-equipped private law colleges, limited access for lower socioeconomic backgrounds, inadequate employment opportunities, concerns about professionalism, underfunded legal aid, and insufficient emphasis on research and innovation.

[1] https://www.nls.ac.in/about/about-nlsiu/

[2] The Constitution of India, 1950, Schedule 7

[3] https://www.barcouncilofindia.org/home

[4] Civil Appeal No.837 of 1989

[5] The Constitution of India, 1950, Article 14

[6] The Advocates Act of 1961

[7] https://ugc.gov.in/

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Rise of Legal Education In India And Its Present Scenario

Legal education before independence.

  • There should be a single degree course of three years duration in entire India.
  • Degree in Arts or Science must be prescribed qualification to enter into law course.
  • Practical training should be given to-every law student.
  • The subjects of Constitutional Law, International Law, Legal History, the Fundamentals of jurisprudence, etc. must be given more attention.
  • Roman Law which is the basic of all modern legal systems should be taught in the law course.
  • Two years Master’s Degree in law after LL.B. course shall be introduced.
  • It recommended having the graduation qualification for the Bachelor in Law Course (LL.B.). It rejected minimum qualification of Intermediate.
  • It suggested the minimum duration of LLB course should be for two years.
  • If a person chooses to opt legal profession, that person should undergo one year practical training after the completion of LLB course.
  • Law colleges should work as full-time institutions.
  • Besides the lectures, the students should be given teaching by seminars, group discussions, tutorials, etc.
  • Employees, the persons studying other courses should not be allowed to study full-time LLB courses in full-time institutions.
  • The Bar Council of India should be empowered to decide the minimum prescribed entrance qualifications throughout India. Thus a uniform system can be adopted.
  • These Committees recommended that three years LLB course shall be the best course instead of two years LLB.
  • According to changing socio-economic circumstances of India new courses shall be introduced. Examples: Environmental law, industrial law, consumer protection law, etc.
  • Instead of yearly examinations, semester system shall be introduced.
  • Old laws, such as Roman law, etc. shall have to be deleted from the curriculum.
  • The Committee observed; “The legal education is intended to be given to students who expect to follow one or another branch of legal profession, and its aim would be to make the students of law good lawyers who have absorbed and mastered the theory of law, its philosophy, its functions and its role in a democratic society”.
  • The Committees also recommended any graduation as a prerequisite qualification for LL.B. course.
  • In the place of English, Hindi and other vernacular languages shall be introduced in legal education.

University Grants Commission

  • It suggested a graduation qualification in arts or science for the three years LLB course.
  • It recommended for the two years LLB course.
  • The LLB course should be impacted by separate Law colleges, preferably universities, and each college should possess adequate library.
  • It recommended abolishing private law institutions.
  • LLB degree should be treated as a post-graduate degree.

Bar Council of India

  • One of the important powers of the Bar Council of India is that it can lay down standards of such education in consultation with the universities in India imparting such education and the State Bar Councils (Section 7(l) (h) of the Advocates, Act 1961).
  • Section 7 (l) (i) empowers the Bar Council to recognize Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as may give in this behalf.
  • The bold letters in the above section have been inserted newly by the Act 70 of 1993 newly, strengthening the Bar Council’s powers over the Universities and Law colleges. Thus Sections 70(1) (h) and 7(1) (i) give abundant and full powers to the Bar Council to control and manage the Universities and Law Colleges, and thus to improve the standards of the legal education.
  • Further Section 49(1)( d) of the Advocates Act 1961 adds that the Bar Council of India has General Power to make any rules prescribing the standards of legal education to the be observed by university in India and the inspection of Universities for that purpose. Section 24(1) of the Advocates Act, 1961 provides that a citizen of India will be entitled to be admitted as an Advocate if he has obtained a degree in law from a University in India, which is recognised for the purposes of this Act by the Bar Council.

Career options after acquiring a Law Degree:

  • Judge: Passes judgment after conducting the court proceedings and hearing  the concerned parties in Courts of Law.
  • Solicitor: Lawyer who advises clients, represents them in the courts, and prepares cases for Sr. Advocates to try in higher courts.
  • Criminal Lawyer: Specializes in criminal laws CrPC, IPC, Evidence Act and various other penal laws.
  • Civil Lawyer: Specializes in civil laws e.g. Taxation laws, Excise laws.
  • Notaries and Oath Commissioners: Lawyers who are licensed to attest documents and affidavits on oath.
  • Legal Analyst: Works for corporate firms and analyses laws pertaining to the sphere of the company and its operation.
  • Documentation Lawyer: Specializes in drafting various documents containing agreements, terms-conditions, case material, etc.
  • Legal Journalist: Covers crime beats, legal proceedings in courts, arbitration courts, international courts and arbitration events.
  • Corporate Lawyer/Legal Adviser: Offers consultancy to corporate firms regarding their legal obligations, duties, legal relations with other firms.
  • Government Lawyer: Works for the government and in close coordination with the police.
  • Law Teachers: With growing number of Law Schools teaching Law is a good career option.
  • Defence Services: Lawyers can join armed forces in their legal departments as JAG (Judge Advocate General) officers.
  • Public Prosecutor: Works as a representative of State in Criminal Courts in District Courts.
  • RTI Activist: Those with Social Service in mind can also become RTI Activist to make Public Servants and Govt.'s accountable to Law.
  • Sharma S.K, Legal Profession in India, Sociology Of Law And Legal Profession: A Study Of Relations Between Lawyers And Their Clients, (Rawat Publications, Jaipur, 1984).
  • Sushma Gupta, History of Legal Education, (Deep & Seep Publications (P) Ltd., New Delhi, 2006).
  • JAIN. M.P, Outlines Of Indian Legal Hisotry, (Wadhwa &Co, Nagpur, Reprint, 1999).
  • Raaii, History Of Courts, Legislature & Legal Profession In India, (Allahabad Law Agency, Faridabad, 1977).
  • Kailash Rai, History Of Courts, Legislature & Legal Profession In India, (Allahabad Law Agency, Faridabad, 1977).
  • Dr. S.S SHARMA, “Legal Services, Public interest Litigations & Para-legal services” (Central Law Agency, Allahabad, 2nd Edn., 2006).
  • Legal Education In India, at https://en.wikipedia.org/wiki/Legal_education_in_India.
  • Advocate Act 1961 Available at: https://web.archive.org/web/20080819185257/http://barcouncilofindia.nic.in/disk1/196125.pdf
  • Legal Education; https://www.latestlaws.com/legal-education-2/.

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Legal Education In India

Introduction.

The study of laws, on condition they are good laws, is unrivalled in its ability to improve the students – Plato [1]

Law and legal education are interrelated concepts in modern developing societies which are struggling to develop into a social welfare state and are seeking to ameliorate the socio-economic condition of the people by peaceful means. The same condition is true in India also. It is one of the most important and crucial functions of legal education to produce good lawyers with a social vision in a developing country like India. However, legal education is not confined to the production of lawyers only. Today, the scope and ambit of legal education has got widen up and its impact can be felt in every sphere of human life. The law being the tool of social engineering and legal education can be regarded as the instrument for social design. For any society, the ripening of civilization is attributed to social awareness and consciousness of the significance of law.

The history of our own independent India if impartially written will devote more pages to the lawyers than to the votaries of any other vocation. Justice Krishna Iyer made an accepted proposition that the profession of law is a noble calling and the members of the legal profession occupy a very high status in society. [2] As the law has been considered the foundation of every civilized society, Legal education is the sine qua none. Legal education does not only create law-abiding citizens but also produces inspiring jurists, visionary judges, brilliant academicians and astounding lawyers. As the law is a means for social change and economic development these four classes of person act as a catalyst for the growth of society and reforming society to a civilized one.

The policy of legal education should be moulded to the tune of rapid contemporary changes as a result of scientific and technological development in recent years. Legal education generally refers to the education of lawyers before entering into real practice. Legal education in India is offered by the universities and by specialized law universities and schools after the completion of an undergraduate degree or as an integrated degree. Legal education derives its importance from the political, social and economic setup of the country. Legal education is that human science that furnishes beyond techniques, skills, competencies basic ideologies, philosophy for the creation and maintenance of society. [3]

Present Status of Legal Education in India

Legal education gathered momentum and acquired the most crucial role in India. When India becomes independent many people in India were poor and illiterate. The concern was to minimize the inequalities and provide all with basic amenities and with fundamental rights . With the adoption of the democratic setup, legal education was expected to bring the legal system with the social, economic and political desires of the country. [4]

Constitutional Position Regarding the Legal Scenario

The constitution of India basically laid down the duty of imparting education to the states by putting the matter pertaining to education under List II of the seventh schedule. But now this part has been dealt with under the Concurrent List in which powers had been simultaneously attributed between Union and the States. [5] It is with reference to Entries 66, 77 and 78 of List I that the Parliament has enacted laws for the regulation of legal education in India. The regulation is partaken by the two statutory bodies constituted by the sovereign bodies with reference to dealing with the matter of legal education.

These are the Bar Council of India which is concerned with the standards of the legal profession and the other is University Grant Commission which acts as an umbrella for all the institutions of higher education. Thus, the Constitution of India constituted a uniform judicial system that regulates uniformity in the legal profession. The government of India formed the All India Bar Committee to supervise the standards of legal education in India and also to implement the recommendations suggested by the Law Commission of India .

Role of Bar Council of India

The Advocate Act, 1961 which was passed by the Parliament of India by virtue of the powers entrusted under List I of the Constitution of India. [6] Under the Advocates Act an apex body namely the Bar Council of India was constituted to promote legal education and to lay down the standards of such education and scenario in consultation with the University Grant Commission. Thus, the Bar Council of India is empowered to prescribe the minimum qualification and to prescribe the other standards of legal education to be observed by such universities. The Supreme Court in the case of Bar Council of Uttar Pradesh v. State of Uttar Pradesh observed the importance of legal education and scenario observed that the responsibility of the Bar Council of India is not limited to the professional standards alone but also extends to the regulatory character and legal education as well. With the assistance of the Legal Education Committee, Bar Council of India Trust and Directorate of Legal Education, the Bar Council of India has taken major steps in the field of legal education such as follows:

  • Firstly, National Law University and Deemed University status is being set up.
  • Secondly, the publication of standard textbooks in all branches of law was started,
  • Thirdly, training for young lawyers started being provided,
  • Fourthly, to improve the legal scenario, a scheme of legal aid clinics also started.

Emerging Trend of Legal Scenario in India

Emerging Legal Scenario includes the profession which is practiced in courts, law research, law teaching and in administration in different branches where law plays a role which postulates and requires the use of legal knowledge and skill. [7] Legal education stands for the enhancement of human sensibility and injects a new sense of protecting human liberty and equality before the law. [8] The quality and standard of legal education acquired at the university are reflected through the standard of the Bar and Bench and consequently affect the legal system. Ignorance of the law is not innocence but a sin which cannot be excused.

Thus, the emerging trend in the legal scenario is not only imperative to produce good lawyers but also to create cultured law-abiding lawyers who are inculcated with the concept of human values, dignity, ethics and morality. The significance of legal education in a democratic society cannot be over-emphasised with other instruments. Knowledge of law increases as one understands the public affair. The study of law promotes accuracy of the expression and arguments as well as skill in interpretations of the written words with those of social values. It is the pivotal duty of everyone to know the law. Ignorance of the law is not innocence but a sin which cannot be excused in any way.

Role of the Supreme Court for Emerging the Legal Scenario

The Supreme Court also contributed a lot in the way of emerging the legal scenario in India. The Supreme Court in the landmark judgement in the case of Deepak Sibal v. State of Punjab [9] 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 legal knowledge and tried to impress upon the state to appreciate the same. In another case of Gopalkrishna chatrath v. Bar Council of India [10] , the Supreme Court observed the importance of legal scenario in the following words:

“Right to education which is available to the person for educating himself would not be at par with others. The act of denying any education whether legal or any education would be violative against the equality clause under Article 14. Education be it legal education or any other everyone is entitled to have it.”

“Legal Scenario is the cement of the society and an essential medium of change”.

Modern Legal Scenario is unable to respond to the contemporary challenges. It is obvious that except for the duration of the courses, there has been no innovation in legal education and in its scenario. The focus of legal education has remained confined to the preparation of legal professionals or servants of the corporate sector. In spite of the recommendations and reform suggested by the committee, there have been no remarkable changes made in the scenario of legal education. The Indian legal system is not prepared to face the challenges of globalization. Even for creating manpower for Bar and Bench the present legal scenario in India faces several problems. The studies in the legal sphere have been made with a theoretical focus on an age-old method. All the attempts that have been done in the name of reforms appear with hallucinations. The modern legal scenario in India requires indeed a revamping but however, restructuring needs to be devised instead of repeating earlier futile methods.

[1]  Plato, “The Laws of Dictionary of Legal Quotations”, Universal Law Publishing Co. Pvt. Ltd. New Delhi, 5th Ed. 2004, p.110.

[2] Vikram Singh Jaswal “Justice V. R Krishna Iyer Concept of Social Justice”, Deep and Deep Publication Private Limited , p.1

[3] “Report of The Curriculum Development Centre in Law‖, Vol, U.G.C, New Delhi, 1990, p.12. available at http://legalservicesindia.com   visited on January 29, 2019, at 8 pm.

[4] Anand, A.S. J., H.L. Sarin Memorial Lecture: Legal Education in India — Past, Present and Future, (1998) 1st Edition p.110

[5]   Constitution of India, List III, (Entry 26

[6]   O.N.Mohindroo v Bar Council of India, A.I.R. 1968  S.C.  888.

[7] Gajendragadkar, Committee on the Re-organization of Legal Education in the University of Delhi, 1964

[8]  Ivaturi Rama Sundari, “Evaluation of Legal Aid and Legal Literacy – Tools of Social Justice”, Ph.D. Thesis, Sri. Padmavati Mahila Visvavidyalayam, Tirupati, Unpublished, 2012.

[9] A.I.R. 1989 S.C. 493.

[10] A.I.R.  1996 S.C. 1708.

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Pranav Kaushal

Pranav Kumar Kaushal, Content Writter, Law Corner, Student B.A., LLB 7th Semester, School of Law, Bahra University, Shimla, Himachal Pradesh.

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objectives of legal education in india

National Education Policy implications on Legal Education

The Union Cabinet has approved the new National Education Policy (NEP), 2020 with an aim to introduce several changes in the Indian education system - from the school to college level.

  • It aims at making “India a global knowledge superpower”.
  • The Cabinet has also approved the renaming of the Ministry of Human Resource Development to the Ministry of Education.
  • The New Education Policy cleared by the Cabinet is only the third major revamp of the framework of education in India since independence.
  • The two earlier education policies were brought in 1968 and 1986.

The policy has been seen as a review of the country’s current education landscape, including the legal education sector, along the path of its objectives.

The intelligent legal profession, legal education also serves as a link to legal education and is directly linked to the quality of the country’s rule of law. Where society trusts the law, the rule of law prevails and legal education acts as a medium to inculcate the values of law in the young generation. Concerning the importance of legal education for the country’s safety, peace and welfare, emphasis should be put on ensuring the quality of legal education. Several improvements and reforms have been made to the 2020 policy, which could have a large impact on legal education.

A framework has been provided by the National Education policy of 2020, which is required to be adopted by all centres of legal education, which has been stated below:

  • Legal education needs to be competitive globally, adopting best practices.
  • Legal education must be embraced with new technologies for wider access to and timely delivery of justice.
  • Legal education must be informed and illuminated with constitutional values of justice; social, economic, and political.
  • Legal education must direct towards national reconstruction through democracy, the rule of law, and human rights.
  • The legal education curriculum must reflect socio-cultural contexts emphasizing the history of legal thinking, principles of justice, and jurisprudence practices.
  • Legal education in State institutions must consider offering bilingual education for future lawyers and judges in English and in the State language where the legal institution is established.

Dynamic Scenario of Legal Education  

• Inclusion of ethics and constitutional values: Ethics, morality, and principles are based on legal education. Morality, justice, and principles are some of the most significant keywords in the life of any law student. These values were also the most key components of our ancient Hindu education system. In traditional legal education, emphasis has been placed on maintaining the importance of justice in a format. But the gravity for such values has been depreciating with the changing time and change in the legal profession. We have several cases of immoral, unethical professional behavior in the recent past, one of which is the recent case of Prashant Bhushan, where famous lawyers were charged by the supreme court for the offence of Contempt of Court. All these offences arise from the vacuum created by the lack of ethical and moral values in the profession, such as contempt of court. 

In the case of legal work, the lack of inclusion of ethical principles in legal education may be one of the key reasons for losing the integrity of the profession. There is a famous saying that education moulds the future of that profession. The current legal education system, however, emphasized access to education for all but ignored the quality assurance aspect by inscribing ethical and moral values. One of the primary aims of this new draft of NEP is “to create a new system that is aligned with the aspirational goals of 21st Century education while remaining consistent with India’s traditions and value systems.” The policy also aims to provide a legal education that is guided and informed by the constitutional ideals of social, economic, and political justice. The importance of democracy, the rule of law, and justice in the country will grow with the introduction of these values. 

The legal profession is considered to be one of the most prestigious professions of all; it is the responsibility of legal education to maintain the same. To fulfill that responsibility, it is important to state that ethical and constitutional values should be an integral part of legal education. A commendable reform was made in the 2020 NEP to include these values in the curriculum while recognizing the long-term objectives of legal education. 

• Multilingual education: Indian Constitution acknowledges  22  languages.  India has even more languages than the number of states the country has, despite having just 22 languages in the Constitution. India’s multilingual existence provides the country with a distinctive character. Because of the variety of cultures and languages in the country, India has become popular throughout the world. A system of education at the foundation of any society. Society thrives on the educational sector’s development and growth. The drafted NEP 2020 is the prominent document in consideration of the same when deciding the country’s future. The changes in the inclusion of various languages in the process of improving society. 

The policy stated that education in English and the language of the state in which the law school is located should be considered by the state institutions providing legal education. It has been speculated that by ensuring the ease of legal education at the comfort of law students, it will reform the education sector. It should be noted, witnessing the response to this initiative, that it will help to reduce the delay in legal outcomes due to the need for translation. 

• For global common good: Jiddu Krishnamurti, an Indian thinker from Andhra Pradesh, once stated on “learning in a non-competitive and non-hierarchical ecosystem and discovering one’s true passion without any sense of fear.” He emphasized the element of critical thinking to make education a means of achieving education as a public good. The ability for critical thinking derives from the ability for cultural differences to stand out. The ability would ultimately create the common good of the nation. 

In order to ensure nation-building, community development, education is a necessary public good. We have a rather exclusive society, which is witnessed by incidents such as the exclusion of the transgender community based on their sex. Legal education may be a major factor in making this society inclusive. As a public good, education will work in the fresh air to make communities alive. Ensuring access to education to every section of the public will produce sensitive, creative, and upright citizens, on whom the society could rely on the aim of an inclusive society.

The idea of introducing legal education as a subject in schools has not witnessed requisite planning and execution. Several issues need to be addressed to ensure the success of such an endeavour. First, there is a need to revise the pedagogical approach to legal education in schools. The textbooks released by the CBSE span immensely vast subject areas such as property, contracts, criminal law, alternative dispute resolution, human rights and legal services, among others. Rather than being a primer for legal education, these topics have been dealt with in a manner similar to what students in law universities would be expected to know at the end of their course. The need, however, is to prime the students for higher legal education.

There is a need to shift the pedantic focus from the black-letter law to a more fundamental discourse surrounding the impact of laws on those governed by them. The students must be educated not just about the existence of laws or what the law says, but to also enlighten them as regards the rights, obligations and duties of the State as well as the citizens. Linking the lives of students with the laws governing them would allow them to better understand the intrinsic connection between the two. Besides, there is scope for the use of technology and software to create animation, graphics and narration to make the teaching of law effective.

Secondly, legal education must be given the same importance as other subjects such as biology, chemistry, physics, maths, accounts and economics. The pedagogical approach to these subjects prepares and primes the students for the rigours of higher education while ensuring sound foundational knowledge. The subject of law too must be tailored in such a manner. Legal education must be treated on a par with other subjects and the resources of the State should be used adequately towards ensuring the same.

Thirdly, keeping legal studies as an optional or elective subject is bound to blunt the efficacy of the initiative. It is pertinent, therefore, that all students must be required to undertake the course, given that the laws would have a significant impact on their personal and professional lives, irrespective of whether they become scientists, accountants, engineers or entrepreneurs. As citizens of the country, they should be made aware of their legal rights as well as their obligations and duties — both towards the State and each other. Moreover, the National Education Policy also requires a choice-based option of subjects for the students, irrespective of their core discipline.

Fourthly, there is a dearth of trained educators who are both well versed with the scope of the laws as well as the ability to simplify them. There is a need to create a class of educators who can impart legal education effectively while appealing to the imagination of the students. Involving young law graduates as instructors to support the core faculty in the schools can produce better results.

NEP intends to establish a National Research Fund to facilitate research activities in institutions of higher education. However, policies such as NEP and many other national initiatives for research tend to automatically apply to ‘law’. These research initiatives are basically borrowed and based on the discipline of science. The MHRD-UGC duo first mandated all Law University publications to have an ISSN number, followed by the need for registering with the Registrar of Newspaper, followed by mandatory listing in UGC CARE Journals, and then Scopus indexed journals. 

In adhering to these requirements, legal education parameters and practices are often ignored and several concerns are left unaddressed. This is adding to the confusion and has caused discriminatory hardship for legal journals which should not be judged through the same lens as journals of life sciences, physical sciences, arts or technology are evaluated. Legal research must not be constrained by these straitjackets of formality, especially when the contribution of legal research is in law making and policy transformation, rather than invention and technological patenting. Apart from addressing the above issues, the Bar Council should come up with guidelines for research ethics in law and immediately set standards for legal research.

There are concerns of legal education having multiple regulatory frameworks. While the Bar Council, UGC, NAAC and other bodies inspect law schools, the autonomy to start courses, award certificates, diplomas and degrees must be expounded. While NEP advocates globalized education, the UGC in the past several years has not permitted Indian Universities to go abroad and open campuses. 

Legal education needs to be competitive globally, adopting best practices and embracing new technologies for wider access to and timely delivery of justice. At the same time, it must be informed and illuminated with Constitutional values of Justice – Social, Economic, and Political – and directed towards national reconstruction through instrumentation of democracy, rule of law, and human rights.

The curricula for legal studies must reflect socio-cultural contexts along with, in an evidence-based manner, the history of legal thinking, principles of justice, the practice of jurisprudence, and other related content appropriately and adequately.

A lawyer is to be a harmoniser, a reconciler, a legal architect, indeed an inventor. The character of university law departments determines the character of the Bar and Bench. We must focus on tying up the existing corpus of rich data on legal education into a national legal education plan. The democratisation of legal education is vital. We have to spread distributive equity over inclusive legal education.

1. What changes have been proposed by the National Education Policy in relation to legal education?

2. how will the proposed changes affect the existing legal education system in india.

objectives of legal education in india

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objectives of legal education in india

Advancements in legal education in India: Challenges and opportunities

By fostering a self-aware approach to legal education, india can develop institutions of eminence that cater to the evolving needs of its growing population..

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objectives of legal education in india

The field of legal education in India faces both promising advancements and critical challenges as it adapts to the changing times. As legal educators and professionals, it is crucial to anticipate and address the evolving needs of our large and youthful population. In this article, we explore the opportunities and obstacles that lie ahead in shaping a self-aware model of legal education that caters to the growth of our society and prepares responsible citizens for the future.

objectives of legal education in india

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