Introduction (Refer Puja)

Aims of Legal Education

Objectives of Legal Education

Importance of Legal Education

Factors that influence Legal Education in India

Legal Education Institutions

Constitutional Position Regarding The Scenario Of Legal Education In India

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. 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 the 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 (BCI)
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. 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 the 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:
National Law University and Deemed University status is being set up.
The publication of standard textbooks in all branches of law was started.
Training for young lawyers started being provided.
To improve the legal scenario, a scheme of legal aid clinics also started.
Role of University Grant Commission (UGC)
In order to maintain and raise standards of legal education the UGC in consultation with the
universities or other bodies concerned, takes all such steps as it may think fit for the promotion
and co-ordination of university education and for the determination and maintenance of
standards of teaching, examination and research in universities.
To this end it shall allocate and disburse, grants to universities established or incorporated by or
under a Central Act for the maintenance and development of such universities or for any other
general or specific purpose; it may allocate and disburse, out of the fund of the Commission,
such grants to other universities as it may deem necessary for the development of such
universities or for any general or specific purpose; it may allocated disburse out of the fund of
the Commission, such grants to institutions deemed to be Universities in pursuance of a
declaration made by the Central Government; recommend to any university the measures
necessary for the improvement of university education and advise the university upon the action
to be taken for the purpose of implementing such recommendation; etc.
As far as legal education, the UGC is concerned with the terms and conditions of the
appointment of teachers as well as providing necessary fund support for infrastructure, and
maintaining uniformity of standards of education. The Role of the BCI is limited only to LL.B.
and its rule making power is confined only to professional legal education, the liberal legal
education is left to be managed by the UGC which is also responsible for the LL.M. curriculum
and teaching. While LL.M. is the basic qualification for law teaching, LL.B. degree is required
for enrolment as an Advocate.
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. Legal education stands for the enhancement of
human sensibility and injects a new sense of protecting human liberty and equality before the
law. 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 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 Punjabheld
that the study of law should be encouraged as far as possible without any unreasonable
intervention.
The Supreme Court has realised the importance of legal knowledge and tried to impress upon the
state to appreciate the same. In another case of Gopal Krishan Chatrath v. Bar Council of India,
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.”
Challenges to Legal Education In India
There are several challenges associated with legal education in India, including:
 Quality of Teaching : Many law schools in India have been criticised 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 criticised 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 marginalised 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.
Suggestions For Improvement For Legal Education In India
There are suggested measures for improvement for legal education in India, including:
 Giving greater emphasis on practicality : The law is supreme, and it must be confronted
with boldness, certainty, and no hesitation. It necessitates exceptional reading, thinking,
and speaking abilities. These elements could be incorporated into the course through
regular debates and discussions. Moot court (mock practice) develops competency and
exhibits the manner of argumentation, which is an important quality for a lawyer to
possess.
 Increase professional exposure : The emphasis in legal classes should be on practical
learning rather than on theoretical study. Professionalism is attained by increasing one’s
knowledge of the law and legal processes. Knowing how much law one understands from
books isn’t as important as knowing how that law is applied. It is critical to place a
greater emphasis on professional experience through internships and engaging in the law
student’s learning throughout his or her internships.
 Collaboration with foreign law universities : Knowledge has no bounds. Law is a subject
that necessitates an ever-increasing amount of learning. Collaboration with international
law schools to gain access to their law reports, case laws, research papers, and other
materials can help to improve this proficiency. Law schools such as NLSIU Bangalore,
NALSAR Hyderabad, and NLU Delhi, among others, have collaborated on teaching,
research, and offering world-class legal education, and the results have been positive.
 Faculty and guest lecturers : Teachers are critical in developing the finest lawyers from
good students. Teaching law is a difficult task that necessitates a broad understanding of
the legal realm in the country and around the world, and every law school must supply
well-qualified professors as an infrastructural facility. Guest lectures by famous persons
in the legal and related sectors should be included in the course curriculum since they
assist students to understand the harsh realities of law and increase their motivation.
 There is a severe issue with law teachers, or a lack thereof. Only by closing the
significant financial disparity between bar leaders and teachers can law teaching attract
new brains. Those under special remuneration schemes, in turn, must be bound by
appropriate legal instruments to teach for a minimum period. A pilot programme must
develop a new remuneration structure that includes more public-private collaborations,
greater autonomy, and favourable financial terms.
 Development of law libraries : Law libraries are under-resourced and under-resourced.
Each law school must be connected to the best global sources of knowledge using the
most up-to-date technology research tools. For maximal ground impact in urban and rural
India, a library cess levied only on senior attorneys across the country must be
operationalized for law libraries.
 Connecting internships and post-degree placements : Internships and post-degree
placements must be stitched together into a national scheme – now, placements are
haphazard, with no structure in place to match applicants and hosts. Some students,
especially those with connections, have it easy, while others, who are more gifted but less
prominent, fall by the wayside.