December 24, 2021

THE STATUS OF LEGAL EDUCATION IN INDIA

The history of legal education in India is traced back to the British era. The Britishers enhanced the learning of legal and constitutional education in our country. They had introduced several acts like the charter of 1600, Government of India Act, 1935, Indian Independence Act, 1947, etc. to rule over Indian territory. After India’s independence, legal education became quite popular. Many freedom fighters like Mahatma Gandhi, Dr. Rajendra Prasad, Dr. BR Ambedkar, etc. were the great legal scholars . The study of constitution of one and more countries ignited the fire of learning among people. Law as a career become lucrative option for the students. It is often stated that legal education is more dynamic than others. It covers each and every aspect of human life. It strives to bring freedom, equality and justice in society.

The Bar council of India is the main authority to impart legal education in India. Additionally, there are also state bar councils which issues the certificate of practice to lawyers in that particular state. The penultimate motive of Bar Council of India and state bar councils is to give professional training to students, set up legal aid camps, organize seminar and workshops, to encourage legal professionals for the welfare of society. Bar Council of India exercise its power through its subordinate law colleges. In 2009, Bar Council of India introduced integrated programme of B.A.LL.B. (5 Years), B.B.A.LL.B. (5 Years), etc. to strengthen the study of law in India. This step has revamp the status of legal education as per international standards. It has revolutionized legal system of education in best possible way. BCI launches 2 year L.L.M. Programme (Master in laws) to provide much immunity to law professors. Recently, BCI proposed to introduce 3 years of complete experience of lawyers to be a part of lower judiciary. BCI taken many steps, from time to time to expand legal education in India.

In spite of such reforms by Bar Council of India, it is painful to say that there is lack of legal infrastructure in India. Some law colleges especially, law schools are outstanding but, due to high fees of law schools many poor and brilliant students are unable to take admission in prestigious private and legal institutions. In fact, it violates their right to education guaranteed by our constitution, in general. The Ministry of Justice and Bar Council of India must address these concerns. The only solution to improve legal education is to bring transparency and quality of legal education to students, otherwise the charm of law will be lost, which is shameful for all of us. Basic knowledge of the law has become necessary for all those who are engaged in administration, trade or industry. A citizen to be effective 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, e.g., a policeman, businessmen or politicians, need an understanding of parts of the law and its underlying policies and values. 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 Bar Council of India is not limited to the professional standards alone but also extends to the a regulatory character and legal education as well.

In a nutshell, the law schools in the present era have gone downhill. The Legal Education should be able to meet the dynamic demands of the society and be equipped to provide with the complexities of the different situations. The area of deficiency should be located and fixed by competent persons before it goes beyond the reach. Law Schools should respond to these challenges faced by the students with some self-evaluation as these issues hinder the growth and development of the students. Timely reforms must be made to the current legal education system. Apart from the moot courts, it is high time practical approach is brought in the curriculum.  

The focus of the 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 has been no remarkable changes made in the scenario of the legal education. Indian legal system is not prepared to face the challenges of the globalization. Even for creating man power for Bar and Bench the present legal scenario in India faces several problems. The studies in the legal sphere have been made with the theoretical focus with an age old method. All the attempts that have been done in the name of reforms appear with hallucinations. Modern legal scenario in India requires indeed a revamping but however restructuring needs to be devised instead of repeating earlier futile methods.

Aishwarya Says:

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