Legal education in India. Legal education and quality of law graduates have great impact on the quality of judiciary bar and bench. Legal education is also substantively relevant for other spheres of national life related to law-making and law-enforc

(V) Language: In the Five-Year Law Course, there is great emphasis on English. Two compulsory papers in English have been prescribed. Besides, medium of instruction and examination is normally in English. In a number of States, the medium of instruction is Hindi up to the higher secondary level. A large percentage of students answer their questions in Hindi. It is not easy for these students to suddenly switch over to English medium. This deprives a big section of students from taking-up Five-Year Law Course. In the Three-Year Law Course, certain papers in English language have been prescribed. However, for other subjects, both English and Hindi are available as medium of instruction and examination.

(VI)  Course-Content & Time Frame:  The course-content in the Three-Year Law Course as well as in the Five-Year Law Course has been made too vast. This includes traditional subjects, such as Contract, Tort, Constitutional Law, Criminal Law, Civil Procedure, Company Law, Public International Law, Family Law, Jurisprudence, Labour Laws, Administrative Law, Transfer of Property, Easements, etc.  In addition, a number of new subjects have been added in the syllabus in an anxiety to teach all possible latest subjects. For instance, Intellectual Property Laws, Consumer Protection Law, Environmental Laws, Investment Laws, Insurance Laws, Cyber Law, Human Rights, Public Lawyering ,etc. These new subjects have been added either by condensing the contents of the traditional subjects or by condensing the time for study of vast traditional subjects to one semester of about six months. It is ignored that mastering basic concepts of law is equally important, and for this, sufficient time for study of traditional subjects is necessary. It is not appreciated that capacity of students is not unlimited. For instance, studying Constitutional Law of India or I.P.C. or Property Laws in one semester along with other equally lengthy subjects and assignments rarely gives time to appreciate basic concepts underlying these laws.

LEGAL EDUCATION AND GLOBALISATION

The legal education in 21st century should consider the globalization and its implications on legal field at national and international levels. The World Trade Organization had come into effect from 1st January, 1995 with support of 85 founding member countries including India. India signed the agreement as one of the founder members. As per the General Agreement on Trade in Services (GATS) of WTO all signatory countries are bound to abide by the rules of the WTO. GATS require nations to accord “most favoured nation” status. As per this agreement a member country must provide both market access and “national treatment” to other member countries. As a consequence, we cannot prevent the entry of foreign lawyers into India. If we do so that will amount to an infringement of the provisions of GATS and WTO. Globalization has brought a tough competition in educational service sectors. We are facing tough competition not only from within but also from outside the country. Internationalization and globalization of the legal profession and the probable entry of foreign lawyers into India in the near future, posses a serious threat to the legal professionals in India. We have to compete with the knowledge of foreign lawyers. Globalization of the legal profession is likely to introduce a sea- change in the entire fabric of legal education and legal profession in India. The profession of law, today to a large extent, requires lawyers to represent clients not only within but also outside national frontiers. With the advent of globalization, it has become increasingly important to include international and comparative law perspectives. According to C. Rajkumar, “In the era of globalization, we should pay attention in four important factors to improve the standard of legal education. These are: Global curriculum, Global faculty, Global degrees and Global interactions. We have to think globally but act locally. Law is one of the most dynamic subjects of the world. Dynamism is the life blood of law .A law which is static cannot survive for long and will be rejected by people for whom the law will be implemented. So, to keep pace with the changing situation of the world we have also to change, by addition, subtraction, or cancellation, of the existing curriculum of the legal education in India. Otherwise, in future, it will loose its importance and will turn into a relic of the past.”

LEGAL EDUCATION IN INDIA- NEED FOR INTROSPECTION

“Our colleges of law do not hold a place of high esteem either at home or abroad, nor has law become an area of profound scholarship and enlightened research ” - - Dr. Radhakrishnan.

The above statement shows a very dismal picture of the legal education system of India. Since many years both jurists and judges have shown concern about the quality of legal education imparted by our law colleges all over the country and have rightly lamented the fall in the standard of legal education. The decline in the prestige and image of the legal profession should be a matter of concern to all those connected with the legal system. It is, therefore, high time that we identify the areas of default and initiate corrective action to repair the damage before it is too late.

1958-- In 1958 the question of legal education was specifically referred to in XIVth Report of the Law Commission of India under the Chairmanship of Sri M.C. Setalvad. Chapter 25 of the Report is entirely devoted to legal education. The history of the efforts made by the Nation was traced by the Law Commission and dealing with the part-time legal education in Para 6 of Ch.25, the Law Commission observed−

 "Excepting in certain centres like Bombay and Madras where full-time law colleges exist, legal education is imparted in part-time classes held in the mornings or evenings. The teachers are mainly legal practitioners who give tuition outside Court hours. Some of these institutions are run exclusively by part-time teachers. Many of these institutions have no buildings or libraries of their own and classes are held in buildings belonging to arts colleges and other institutions. It is not surprising that in this chaotic state of affairs in a number of these institutions there is hardly pretence at teaching. The same character is followed by law examinations held by the Universities, many of which are mere tests of memory which the students manage to pass by cramming short summaries published by enterprising publishers. The result, a plethora of LL.B., half-baked lawyers, who do not know even the elements of law and who are let loose upon society as drones and parasites in different parts of the country.”

 In fact, in 1958, when the Law Commission voiced its concern there were hardly 43 institutions preparing 20,519 students for law examination. After enactment of Advocates Act, 1961, it was noticed that there was a mushroom growth of sub-standard law schools housed in dingy rooms with skeleton libraries and lacking in adequate and trained staff. Some of them function as short duration evening classes. These can more appropriately be described as fee collection centres rather than law colleges. Some of these colleges do not insist on regular attendance by students, presumably because either the accommodation is insufficient or the staff strength is inadequate.

1983--This situation prompted Mr Justice R.D. Tulpule to make following statement while writing on the ‘State of Legal Education in India’, in the year 1983:

"Any system of professional education and in particular that concerned with legal education must cater and provide for those entering the legal field with the objective of pursuing a legal career. The system should be such as will discourage persons who do not have an objective of legal career and drift to courses of law, more because they have not been successful at their other attempted careers and fields. It should not be the last haven or resort for rejects from other competing and attractive fields of career. Once that objective is borne in mind, the system must be so fashioned to secure that objective. Every system of legal education which is designed to achieve ultimate objective of preparing persons for a legal career, must not only aim at preparing for good legal practitioners who will function in a court of law, but must also impart legal skills and equipment to men who want to specialise in the various job opportunities and requirements which have already opened up and are opening up, and must also be designed so as to prepare academicians, researchers, scholars and critics in the legal field."

1992--It is necessary to note here the remarks of Justice A.M. Ahmadi while delivering the first M.C. Bhandari Memorial Lecture cited as{ (1993) 1 SCC (Jour) 3}.He said, “The examinations have dictated the content and mode of teaching rather than the teaching method dictating the pattern of examinations. This has been the root cause of the low status accorded to a law degree because, as pointed out by the Law Commission, students are able to clear the examinations by cramming from short summaries published by enterprising publishers who are least concerned about the maintenance of the standard of legal education. Added to that is the fact that at certain examination centres there is no supervision for fear of violence and the examination results are extremely liberal. As one Principal of a law college put it: "It is difficult to fail". What then is the scenario?: Ill-equipped Law Colleges; a large body of students being 'drifters' to the law course on their failing to secure admission to the disciplines of their choice; training personnel lacking in competence and knowledge; access to knowledge being limited on account of want of proper libraries; absence of proper filtering with extra-liberal examination results, etc., etc. etc. What a dismal picture!” 

2002— Today, we have about 11 NLSUs where students are selected through all India entrance test. These colleges have been producing our best legal talent comparable to the most renowned colleges in U.S and U.K. However, this alone is not sufficient for our purposes and we have to raise the standards of the remaining 900 + odd law schools. In the year 2002 the Law Commission under the Chairmanship of Justice M. Jagannadha Rao in its 184th report on the Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 made observations regarding need of reforms in legal education system. The Law Commission has observed in Para 10.7, p-102: 

“We cannot, however, rest content with a few star colleges. We must be concerned with all the rest of the hundreds of law colleges located in cities and districts headquarters all over the country. It is these students who come to the Bar in great numbers at the grass-root level. It is the desire of the Law Commission that the Bar Council of India and academic community must co-ordinate and take steps which can result in upgrading the standards of legal education in these colleges which are spread over length and breadth of the country. A few bright-star colleges with limited number of student-intake based on all-India selection is not the end and may not result in an overall change in the level of legal education.”

2005-- The National Knowledge Commission (NKC) constituted by the Union Government in 2005, emphasized, among others, on the importance of and improving legal education-providing adequate infrastructures and funding, methods of attracting and retaining talented faculty and developing a serious research tradition in law that is globally competitive. It further noted, to generate and motivate interests amongst students to study law.

National Knowledge Commission by quoting the judgment of Supreme Court of India in All India Judges Association Vs. Union of India, whereby it is observed that recruitment rules in the States should be amended to permit raw graduates from the law schools to enter the subordinate judiciary, laid emphasis on improving the standards of all the law schools by making following observations:

“Obviously, this requires a high degree of proficiency from the students who pass from the law schools. It should be our objective to improve the standards of all the law schools to the standards required in the present age. Otherwise, the quality of the bar and the subordinate judiciary is bound to go down further. There is, in fact, an urgent need for a fresh probe into the quality of legal education in several law schools and if it is revealed that the standards are poor, it may be necessary to direct closure of such law schools.”

2007-- Chief Justice of India, Mr. K.G. Balakrishnan, in the Convocational address at NALSAR University of Law on July 21, 2007 has showed concern about the deteriorating situation of legal education system. He said that premier institutes should not only "set the standards of legal education but also work towards improving the entire chain of our legal system." 

2009-- HRD Minister Mr. Kapil Sibal after inaugurating a modern consultation room for lawyers in the Supreme Court on 10TH September, 2009 said "Law is a necessary element of our life and cannot be confined to law colleges alone. Every one should have some degree of knowledge of law. This will prepare legal professionals who play a decisive role not only as advocates practising in courts, but as legislators, judges, policy makers, public officials and civil society activists." He further said, “given the speed of development and the challenges in the 21st century, a working knowledge in law had become essential to other professions and it would not be a bad idea to impart lessons in elementary law to school children and the ongoing efforts to overhaul the legal education system included starting a graduation degree in law so that students after passing class XII could have the option of going for not only a BSc or BA degreee but also a BA (Law). The proposal to give an exclusive three-year graduation degree in law after class XII emanated from the overwhelming play of law in various other professions”. His move is based on National Knowledge Commission's recommendations which had suggested that legal education should cater to a wider audience than only provide personnel for the purpose of administration of justice in courts. He said he was trying to evolve a consensus on the proposal. For this, he had set up a 12-member Committee comprising of legal experts and lawyers. Mr. M Veerappa Moily, Union Law Minister, welcomed the proposal of the HRD Minister to introduce a course on law in secondary and higher secondary level and in graduation. If the noble proposal gets nod of ministry then the future of legal education would be very bright which in turn would help in lifting the standard and improving the image of legal profession and judiciary in public esteem.

POSITION IN OTHER COUNTRIES

It is generally said that unlike India, the situation prevalent in England, America and in many other developed countries is convincingly different. It is further contented that in these parts legal education has long occupied a high niche among the learned curriculum. Products of the study of law have frequently risen to positions of distinction in public service or have amassed fortunes in the private practice of law or have acquired wide reputation as scholars without even entering practice. Legal education is on an elevated plane and teachers of law enjoy a high respect, perhaps as high or higher than those of any other field of instruction. The names of Dicey, Pollock, Maine are known wherever there is knowledge of law and jurisprudence. The same might be said of men like Roscoe Pound of Harvard University in America. The admissions to law schools in these parts of the world are highly competitive. The end result is that the 'creams' among students opt for law by choice and not as the last resort and thus richly contribute their shares to the society as lawyers, judges, paralegals and academicians. However, at present the situation of legal education systems of these countries is not much better than India as is clear from the concern voiced regarding the deteriorating standards of legal education in the following observations of judges and jurists in the Nations like England and America.

ENGLAND

Professor Kahn Freund, a distinguished law teacher, speaking on ‘English ethos of legal education’ stated:

"It was and is the essence of a 'learned' profession that apprenticeship while indispensable is not sufficient. Mere training is not enough, education is necessary in the untranslatable sense of the words I must be forgiven for using them again 'formation' or 'building' which denote the forming of the personality as well as the inculcation of knowledge. It is this dual aspect of our work as law a teacher which is to me its most significant feature.”

In Chapter 3 titled 'The General Approach to Education and Training for Legal Professionals', the Ormrod Committee (1971) emphasised the need to combine the traditional legal education with instructions in skills and techniques which are essential to enable a person to follow a learned profession. Pointing out that the legal profession, and others, had largely relied upon the apprenticeship method, ignoring the new situations which had developed over a period of time, it proceeds to add that the problem now is to devise ways and means to put the new facilities to use for educating the professional man by supplementing them with training in professional skill and techniques. In other words, the Committee emphasised the need for a synthesis between the academic and professional wings, as is to be found in the medical profession. Noticing that the law faculties had become isolated from the practising profession, it called for "the integration of academic and professional teaching resources into a coherent whole”. It, therefore, suggested three stages of legal education, namely,

1. the academic stage,
2. the professional stage, comprising both institutional training and in-training, and
3. continuing education or training. 

This would enable the individual not only to equip himself with the basic knowledge of the law but also acquaint himself with the skills and techniques so essential to the practice of law. The idea of continuing education or training would enable him to adapt himself to the ever-changing scenario in the field of law, so vital for career-advancement. The Ormrod Committee concluded thus:

"Legal education should not attempt to equip the lawyer at qualification with a comprehensive knowledge of every subject he may encounter in practice; instead, it should concentrate on providing him with the best possible general introduction so as to enable him, with the help of experience and continuing education after qualification, to become a fully equipped member of the profession.”

AMERICA

In the United States of America also concern was voiced regarding the deteriorating standard of legal education. One is reminded of the typical response of U.S. Chief Justice Warren E. Burger when his senior judge gently chided him to wait for a few years before saying what was wrong. "No, I'm afraid that if I wait too long I'll get used to it" and followed it up by remarking "My mother taught us that the time to fix the cracks in the plaster is when you first move into a house. Later on you don't pay attention to them. I think we have waited long enough to repair the cracks in the legal education system of this country and it is high time that we rise from our arm-chairs and start the repair work in right earnest.” 

Chief Justice Burger while addressing the ‘American College of Trial Lawyers, District of Columbia,’ lamented on the state of the profession as under:

"... In some jurisdictions up to half of the lawyers who appear in Court are so poorly trained that they are not properly performing their job and that their manners and their professional performance and their professional ethics offend a great many people. They are engaging in on-the-job training at the expense of their clients' interests and the public. If you do not accept these premises, harsh as they are, you will not accept, a proposal I intend to make to you." He concluded that "a radically new and carefully prepared pilot program should be tried out in several law schools for at least three years with the most direct and active participation of the best trial lawyers available". He then proceeds to suggest that for the first two and a half years the law schools should devote to the task they now do superlatively teaching students to think and reason, and teaching the substantive law and the mechanics of procedure and in the third year the law school and trial bar should collaborate. 

SUGGESTIONS TO IMPROVE LEGAL EDUCATION SYSTEM

From above discussion it seems that the legal education system of India needs urgent reforms. Some suggestions in this regard are listed below with the sole object of improving the quality of legal education in India.

(1)   While teaching various subjects in Pre-Law Course of the Five-Year Law Course, care must be taken of the students coming from Science background who may not be having elementary knowledge of subjects such as Economics, Sociology, History and Political Science.

(2)  Certain aspects of Natural Science, Computer, etc. may be introduced in Pre-Law Course so that the students may have better appreciation of certain new branches of law, e.g. Patent Law, Cyber Law, etc. 

(3)  There is need to restructure the course content keeping in view the vastness and relevance of particular subjects, and the time available for their studies. Wherever necessary the subjects should be divided in two semesters. The subjects should be arranged scientifically so that easily comprehensible and interesting subjects are taught in the initial semesters, while the subsequent semesters should be devoted to the study of subjects requiring understanding of abstract concepts.

(4) There should be greater emphasis on mastering basic concepts of traditional law subjects rather than on increasing the number of new subjects to be taught.

The idea is not to diminish the relevance of new law subjects. What is to be appreciated is that once basic concepts are clear to a law student, he is able to understand any law subject.

(5)  Arrangements for the students to undertake practical training, such as attending chambers of lawyers, participating in trial proceedings, attending Lok Adalats, etc., should be made by the institutions rather than leaving the students to manage for themselves.

(6) There should be greater interaction between the practicing lawyers and the law teachers. Teaching of procedural laws should be entrusted to the sincere practicing lawyers.

(7)  Young lawyers joining profession may be associated with the legal aid programme, Lok Adalats, etc. in the early years of their practice. However, this should be done under the guidance of an experienced lawyer.

(8)  Arrangements for legal education should be made for the personnel in service so that where necessary they may get legal education on the pattern of M.B.A.

(9)  It is equally essential that the study of law is treated as a serious business and every effort must be made by all concerned to raise its status by devising ways and means to discourage 'drifters' and others who are not too serious at the entrance stage itself.

(10) A fine blending between the active method i.e. the case-method and the passive method i.e. the lecture method should be used as if the students are first familiarised with the subject by the lecturer and thereafter their active participation is sought with reference to a particular case, it will enable the teacher to appreciate the receptivity and capacity of the student to understand and absorb the jurisprudential principles of the topic under discussion. That will help the teacher to identify students needing greater attention.

(11) In modern times there is need for continuing legal education in this fast-changing world where new disciplines in the legal field are surfacing with astonishing speed. Every conscientious professional, law teacher and judge must keep himself abreast of the developments taking shape in the field of law to enhance his knowledge with a view to understanding the complexities of emerging doctrines. While professionals and law teachers have the benefit of exposure through Seminars and Conferences, the same cannot be said of judges; particularly those belonging to the subordinate services, and hence greater emphasis should be on their training.

(12) The Central Government, the concerned State Government, the Bar Council of India and the concerned State Bar Council and all concerned with the legal education programme in the country, should seriously apply their minds to the establishment of at least one institution for the present in every State, if not more, on the pattern of the National Law School, Bangalore, which should admit bright students after the 10+2 level to a five year course in law. The first three years should be devoted to the traditional teaching of both substantive and procedural laws by employing both the active (case law) and passive (lecture) methods. The last two years of education/training should be a joint-venture between the teaching staff, senior lawyers and judges who may interact with the students to train them as good professionals/judicial officers.

(13) Legal education in India should be liberated from the dominant control of the Bar Councils and entrusted to legal academics with freedom to innovate, experiment and compete globally.

(14) In order to meet the new challenges of the present legal system, it is imperative that the law schools provide clinical legal education.’ Justice' must become centre to the law curriculum and community-based learning must give the desired value orientation in the making of a lawyer. This concept of clinical legal education means that the law school curriculum should entail certain programs like Lok Adalats, Legal Aid & Legal Literacy and Para-legal training. 'Mock' trials and Moot Court Competitions, structured as court trial; client interviewing and counselling sessions; legal research; editing of law journals; legal drafting and conveyancing; court visits etc. in the curriculum is one of the ideal ways to facilitate performance based education. It is a means of improving in students the basic skills such as the skills of critical thinking, presentation skills, participation skills, the skills to work as a team, the leadership quality, in addition to the boost in students’ knowledge of law.

(15) Law being an interactive discipline there should not be more than 20 students to 1 teacher, so as to ensure adequate supervision, right guidance and extensive practical learning.

(16) The legal education pattern should encourage proficiency in languages as command over spoken and written language, effective oral skills, diction and extensive reading are pre-requisites that go without saying. Knowledge of a foreign language is important to be a lawyer in the global economy. Law students should be provided with the opportunity to learn a foreign language of their choice.

(17) Law schools and universities should be able to provide e-courses on the shelves. The teachers should put course materials on the Web, conduct on-line tests/assignments and grade students. Web-sites can lead learners to virtual class-rooms. Teachers and students should be oriented to look at the Web as an information provider.

JUDICIAL APPROACH

Indian Judiciary, in the field of legal education and its improvement, has done a commendable job. The judiciary has approached the subject of ‘legal education’ with caution and reverence and from time to time, as per the needs and requirements, pronounced judgments to raise the standard of legal education in India.

• In the year 1996, the Hon’ble Supreme Court of India in the case of State of Maharashtra Vs. Manubhai Pragaji Vashi, in Para-16 of the judgment highlighted the importance of legal education in the following terms:

"The need for a continuing and well organised legal education is absolutely essential reckoning the new trends in the world order, to meet the ever growing challenges. The legal education should be able to meet the ever-growing demands of the society and should be thoroughly equipped to cater to the complexities of the different situations. Specialisation in different branches of the law is necessary. The requirement is of such a great dimension, that sizeable or vast number of dedicated persons should be properly trained in different branches of taw, every year by providing or rendering competent and proper legal education. This is possible only if adequate number of law colleges with proper infrastructure including expertise taw teachers and staff are established to deal with the situation in an appropriate manner.”

• In the year 1998, the Hon’ble Andhra High Court in the case of C.M. Balaraman Vs. Registrar, Osmania University And Ors. in Para- 39 of the judgment highlighted the duties of Bar Council of India in the following words:

“The Bar Council of India as a body charged with responsibility of maintaining the standards of legal education has not only power to regulate the various aspects of Legal Education, but also owes a duty to the public, more particularly to the legal profession, to see that the sacred obligation entrusted to it is well discharged. The role of lawyers, Legal Education and Courts in a democratic constitution set up is too well-known to be mentioned here. Apart from that, knowledge of law would be a great asset for administrators and legislators in discharging their constitutional duties. That being so, can this country really afford law college which are ill-equipped, ill motivated and ill functioning? It is the legal responsibility of the Bar Council of India under the Advocates Act and Rules to constantly keep a watch on the institutions imparting Legal Education. That is why Rule 17 declares that the approval of affiliation to an institution imparting Legal Education has to be obtained from the Bar Council of India. Such approval would be granted only on the Bar Council of India being satisfied that the institution seeking such an approval has the entire necessary infrastructure to effectively impart Legal Education.”

• In the year 1998, the Hon’ble Bombay High Court in the case of Bharati Vidyapeeth Vs. State Of Maharashtra & Others in Para-32  of the judgment highlighted the importance of legal education by connecting it with the constitutional mandate of Article 21 and Article 39A of the Constitution :

“Legal assistance to a poor or indigent accused who is arrested and put in jeopardy of his life or personal liberty is a constitutional imperative mandated not only by Article 39A but also by Articles 14 and 21 of the Constitution. Right from the cradle to the grave legal assistance is required at every stage and, therefore, the State must ensure availability of a sufficient number of lawyers adequately trained. Indeed, in criminal cases, in order to enable the State to afford free legal aid and guarantee speedy trial, a vast number of persons trained in law are essential. Legal aid is required in many forms at various stages even before and after the legal proceedings are initiated in a Court of law or other appropriate forum. Legal education has to meet the growing demands of a growing population. If there is lack of sufficient Government Colleges establishment of private college has to be welcome, albeit, subject to the fulfilment of the prerequisite conditions and the availability of infrastructure.”

• In the year 1999, the Hon’ble Supreme Court of India in the case of V. Sudeer Vs. Bar Council of India, in Para-19 of the judgment clarified the jurisdictions of the Universities and the Bar Council of India and lays down that 'legal education' is the jurisdiction of the University. Considering the validity of the submission based on Sec. 7(1) (h) of the Act, the Court asked to itself "how the Bar Council of India can promote legal education?” and answered the same as under:

“It can obviously promote legal education by laying down standards of such education in consultation with the respective universities in India imparting such education. The words 'Universities in India imparting such education' as found in clause (h) of sub section (1) leave no room for doubt that the question of imparting legal education is entrusted to universities in India and not to the Bar Council of India. All that the Bar Council of India can do is to suggest ways and means to promote such legal education to be imparted by the universities and for that purpose it may lay down the standards of education, syllabi in consultation with the universities in India.”

• In the year 2000, the Hon’ble Andhra High Court in the case of Veeravalli College Of Law, Rajahmundry Vs. Bar Council Of India And Others in Para-5 of the judgment showed concern towards deteriorating standards of legal education and make following observation:

“There is no doubt, that there is a fall in the standard of legal education. The area of ’deficiency’ should be located and correctives should be effected with the cooperation of competent persons before the matter gets beyond control. Needless to say that reputed and competent academics should be taken into confidence and their services availed of, to set right matters. As in this case, a sole Government law college cannot cater to the needs of legal education or requirement in a city like Bombay. Lack of sufficient colleges called for the establishment of private law colleges. If the State is unable to start colleges of its own, it is only appropriate that private law colleges, which are duly recognised by the University concerned and/or the Bar Council of India and/ or other appropriate authorities, as the case may be, should be afforded reasonable facilities to function effectively and in a meaningful manner. The private law colleges, on their own may not afford to incur the huge cost required in that behalf resulting in fall in the ’standard’ of legal education. It should not so happen for want of funds. The ’quality’ should on no account suffer in providing free legal aid and if it is not so, "the free legal aid" will only be a farce or make believe or illusory or a meaningless ritual.”

• In the year 2001, the Hon’ble Punjab and Haryana High Court  in the case of Gopal Krishan Chatrath Vs. Bar Council Of India Through Its Secretary, in Para-27of the judgment showed concern towards deteriorating standards of legal education  due to so called law schools which do not care about the standards of legal education as prescribed by the Bar Council of India and make following observation:

“Mushrooming of Institutions imparting legal education without caring a bit for the required standards is causing havoc in legal profession. There is no need to make a specific mention of such institutions but the fact cannot be denied that some such institutions are offering law degrees entitling one to engage himself in legal profession without his attending even a single class. The students, studying at their home only travel and take a temporary residence for few days to such institutions only at the time of taking annual examinations. Such students, normally, when enter the legal profession, which is known as noble one, work in bringing down its image. Entry of such persons in the legal profession needs to be checked immediately and sooner it is done, the better.”

• In the year 2002, the Hon’ble Andhra High Court in the case of Sir C.R. Reddy Law College Employees’ Association and Ors. Vs. Bar Counsel Of India And Ors, in Para-16 of the judgment  talked about  the importance of Institutions of legal education in following words:

“It is evident that establishment or continued existence of colleges of law, is in public interest and steps should be taken, as far as possible, to ensure their existence. When an attempt is made by the teachers, or for that matter, any one, who can be said to have concern in the legal education, the same cannot be thwarted on the ground of locus or maintainability.”

• In the year 2006, the Hon’ble High Court of Madhya Pradesh in the case of Smt. Asha Patwa Vs. State Of M.P. And Ors., in Para-12 of the judgment highlighted the importance of legal education and cast a duty upon state to provide for adequate number of law colleges with proper infrastructure:

 “It is very much clear that our democratic society is governed by rule of law and education specially the legal education and its standard has to be raised. There is a need for continuing and well organised legal education in the country which is only possible if adequate number of law colleges with proper infrastructure including expert law teachers and staff are established to deal with the situation in an appropriate manner. The right to free legal aid and speedy trial are guaranteed fundamental rights under the Constitution and looking to the welfare concept of Constitution especially when according to Article 38 the object of the State is welfare of the people. Under the Constitution it is the duty of the State to provide education to the people including legal education.”

• In the year 2008 the Hon’ble Madras High Court   in the case of Dr. G. Krishnamurthy Vs.  The Vice Chancellor, Tamil Nadu Dr. Ambedkar Law University, Chennai, in Para-9 of the judgment talked about need to raise standard of legal education in following terms:

"If the standard of legal education in law schools is poor and if enrolment of such ’half-baked’ untrained graduates is automatic, as is the position today, the burden has to be borne by the judiciary at all levels since they are, to use the expression of Shri Setalvad, ’let loose’ on the Judiciary. The unbecoming scenes which are witnessed in Courts are largely on account of lack of proper training in law and ethical values and the desire to make a fast buck. The justice delivery system depends on the quality of the Bar and, therefore, the Judiciary is vitally interested in the improvement of legal education in the country. Therefore, the Bar, the Judiciary and the UGC must join hands to raise the standard of legal education in the country."

CONCLUSION

Legal education is an investment which, if wisely made, will produce most beneficial results for the nation and accelerate the pace of development. The legal education granted at the law schools should be streamlined to the conventional and contemporary needs of the legal profession. It is further recommended to the Bar Council of India to constitute a Commission at regular intervals to review the working of the law schools and to make proposals for reorganizing the syllabi of legal education.

The quality of legal education has a direct impact on the prestige of the legal profession. We must, therefore, identify the areas of default and initiate corrective action to repair the damage. Unless a drastic surgery is undertaken without loss of time, the patient, that is legal education, will be fatally wounded and consequently the country’s justice delivery system will stand bereaved. All those connected with the maintenance of standards of legal education must, therefore, be prepared to take hard decisions to save the situation. A concerted action on the part of Bar, the Bench and the law teachers is called for to improve the deteriorating standard of legal education According to Justice A.M.Ahmadi, “Unless we face the bitter truth and come to grips with it, we cannot hope to improve the legal education system. We have failed to attend to the cracks which have since widened and if we fail to take urgent remedial measures, posterity may not pardon us”. However, any overnight solution in this regard is not possible. But, at the same time, any dogmatic adherence to the old, traditional and existing system would be suicidal in the days ahead. So, a balance should be maintained in order to change the entire fabric of legal education system in India, keeping in mind the necessity of globalization. Therefore, let us gear up and make sincere efforts for reforming the existing system, so that Indian legal education can face the global challenges. In the end it would be apt to quote here English poet and dramatist James Shirley:

“Only the actions of the just

Smell sweet and blossom in the dust.”

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BIBLIOGRAPHY

• Access to Legal Education and Legal Profession by Sathe, S.P.; published in (1989).
• Pound, Roscoe. Jurisprudence published in 2000 by the Lawbook Exchange, Ltd. ISBN 1-58477-119-4.
• Hussain, Altaf (1 June 2009). "". BBC News. --- .
• H.L. Sarin Memorial Lecture: Legal Education in India- Past, Present and Future by Dr Justice A.S. Anand-- (1998) 3 SCC (Jour) 1.
• Repairing the Cracks in Legal Education by Justice A.M. Ahmadi--- ( 1993) 1 SCC (Jour) 3.
• The Law Commission of India, 14th Report on Reform of Judicial Administration (1958) Chapter 25 on 'Legal Education', p-520-555.
• Professional Education--http://education.nic.in/cd50years/home.htm
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• Re-Inventing Legal Education: Challenges & Opportunities-By Justice S.P. Mehrotra Judge High Court, Allahabad --
• Dr. N.R. Madhava Menon; “Reforming the legal profession: Some ideas”--
• Indian Express dated 11th September, 2009.
• The Law Commission of India, Report on Reform of Judicial Administration (1958).
• The Law Commission report on the Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956, (2002).
• www.manupatra.com

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