Clinical Legal Education involves “Creating a learning environment where students identify, research and apply knowledge in a setting which replicates, at least in part, the world where it is practiced. It almost inevitably means that the student takes on some aspect of a case and conducts this as it would be conducted in the real world.[1]”.
The Clinical Legal Education is a term which encompasses learning which is focused on enabling students to understand how the law works in action. The use of the word ‘clinic’ prompts the analogy of trainee doctors meeting real patients in their medical clinics. Clinical Legal Education is one way in which theory and practice can be brought together.
Clinical Legal education has wider goals of enabling law students to administration of the law, in the reform of the law, in the equitable distribution of the legal services in society, in the protection of individual rights and public interests[2]. It involves a different approach to the learning of law: it encompasses experimental learning, or “learning by doing[3].
The objective of clinical legal education, is two-fold. The primary aim is to ensure that students get practical exposure to diverse situations and the secondary aim is to ensure that the objectives of social justice are met by providing assistance to those who face legal problems but do not have the funds or the awareness to resolve them[4].
Social justice is the first charge on our Constitutional order. It is a legacy we leave to the future generations without tarnishing its purity and power[5].
ROLE OF JURISTS, LAWYERS AND STUDENTS IN DEVELOPMENT OF CLINICAL LEGAL EDUCATION IN INDIA:
THE ROLE OF JURISTS:
Hon’ble Justice Bhagwati in the case of Hussainara Khatoon & Ors v. Home Secretary, State of Bihar[1] held that “it’s the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under the constitutional mandate to provide a free lawyer to such accused person if the needs of justice so require”.
Justice Bhagwati, through this judgement indirectly promoted the role of legal clinics in fostering justice. Students could assist those lawyers fighting pro-bono cases. Not only would this be a terrific learning experience for the student, but also lawyer could use the research abilities of the student in order to provide the best possible defence for the accused. More jurists should recognise the needs of indigent litigants and assist in the creation of legal clinics wherein students can assist lawyers taking up cases of indigents.
In 1980, a National Committee was constituted, under the Chairmanship of Justice P.N. Bhagwati to oversee and supervise legal aid programs throughout the country. This Committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the Justice Dispensation System of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes.
Thus jurists can assist in two ways, by writing judgements which foster legal aid and promote directly or indirectly the development of clinical legal education or can head committees which supervise legal aid programmes.
THE ROLE OF LAWYERS:
Lawyers with years of experience can play a pivotal role in the development of clinical legal education in India. Lawyers have the opportunity to help combine the theoretical elements of law school with practical experiences they have garnered through litigation experience. Lawyers can volunteer in order to train students in important skills such as drafting and research. There is a great difference between the knowledge imparted in law school and the knowledge required to represent a client in any proceeding before an adjudicating authority. Lawyers can help bridge this knowledge gap and assist students to develop practical skills.
There are a large number of cases involving indigent litigants, very often these litigants are provided lawyers who have little to no interest in representing them. As a result these cases are regularly adjourned and the cases go on for years to come. Lawyers have to take out some of their time to fight for the indigent. If a lawyer links him/herself to a legal aid clinic, students can assist him with the research and drafting of the case. This will benefit, the indigent client and the law student as they get to work on a real case and learn about the intricacies of litigation.
Lawyers can also file Public Interest Litigation in order to seek directions promoting the state of clinical legal education in India. There clearly is a need for the courts to provide some guidelines to crystallise the clinical legal education, the government has taken steps however a combination of judicial and legislative directions shall definitely boost the development of such education.
THE ROLE OF STUDENTS:
Students have the greatest role to play in the development of clinical legal education. They stand to greatly benefit by participating in moot court activities, seminars, going for internships and working at legal aid clinics. A majority of the students are not well versed with the benefits and advantages of participating in clinical legal education activities. Going for moot courts helps the student improve his research, drafting and oratory skills while building his network. Interning helps a student gauge the diverse requirements which clients expect from a lawyer and he can accordingly improve on such skills.
[1] Richard Lewis, “ Clinical Legal Education Revisited”, Page 5
[2] Kenneth L. Penegar, “Clinical Education in its prime”, Alumni Head notes (A.A.L.S), Vol. 10 Issue 1 (1981)
[3] N. R. Madhava Menon, 1998, “Clinical Legal Education”, chapter 2, Pg.25, Eastern Book Company Lucknow
[4] Prof. N. R. Madhava Menon‟s “Reflections on Legal and Judicial Education”, edition 2009, p. 137
[5] Nabeela Siddiqui, Clinical Legal Education in India, Accessed on 28th July, 2019, 9:04pm
http://www.open.ac.uk/blogs/openjustice/?p=71
[6] Bombay Legal Education Committee Report, 1949.
[7] Processual Justice to the people: Report of the Expert Committee on Legal Aid, Govt. of India, May 1973,
[8] Entry 66, List I: Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions
[9] Ahmadi Committee Report, 1993.
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