LEGAL EDUCATION AT THE CROSSROAD: ISSUES AND CHALLENGES

*Dr. Deepom Baruah

**Kaveri Bhattacharyya
At his best, Man is the noblest of all animals; separated from law and justice, he is the
worst.
-

Aristotle.

Instruction in law has been offered in universities since medieval times, but, since the advent of
university-based law schools in the 18th and 19th centuries, legal education has faced the
challenge of reconciling its aim of teaching law as one of the academic disciplines with its goal
of preparing persons to become members of a profession. Most law schools have tried to find a
middle path between being a mere trade school and being a citadel of pure theory. Unfortunately,
the criticism is sometimes made that these efforts result in a type of education that is not
practical enough to be genuinely useful in resolving day-to-day legal problems but yet not as
rigorously theoretical as a truly academic discipline ought to be. 1
The ancient Romans had schools of rhetoric that provided training useful to someone planning a
career as an advocate, but there was no systematic study of the law as such. During the 3rd
century B.C., Tiberius Coruncanius, the first plebeian pontifex maximus (chief of the priestly
officials), gave public legal instruction, and a class of jurisprudentes (nonpriestly legal
consultants) emerged. A student, in addition to reading the few law books that were available,
might attach himself to a particular jurisprudens and learn the law by attending consultations and
by discussing points with his master. Over the ensuing centuries a body of legal literature
developed, and some jurisprudentes established themselves as regular law teachers.2
In the medieval universities of Europe, including those in England, it was possible to study
canon law and Roman law but not the local or customary legal system, since the latter was
understood as parochial and so unworthy of university treatment. In most European countries the

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study of national laws at universities began in the 18th century, though the study of Swedish law
at Uppsala dates from the early 17th century.3
On the continent of Europe the transition to the study of national law was facilitated by the fact
that modern legal systems grew mostly from Roman law. In England, on the other hand, the
national law, known as the common law, was indigenous. In medieval times education in the
common law was provided for legal practitioners by the Inns of Court through reading and
practical exercises. These methods fell into decline in the late 16th century, mainly because
students came to rely on printed books, and after the middle of the 17th century there was
virtually no organized education in English law until the introduction of apprenticeship for
solicitors in 1729. The famous jurist Sir William Blackstone lectured on English law at Oxford in
the 1750s, but university teaching of the common law did not develop significantly until the 19th
century. In England, as on the Continent and throughout most of the rest of the world (though not
in the United States), university-based legal education became an undergraduate program and
remained so until quite recently. Since the late 20th and early 21st century, a number of nations
have adopted the so-called U.S. model of legal education, providing university-based instruction
in law as a profession rather than only as an academic discipline.4
Legal education in India like other countries forms an integral part of the higher educational
system. The Legal fraternity in all ages and countries gradually fascinated the ambitious and
adventurous and it has thrown upon or produced, relatively speaking, the largest number of great
man in public life and leaders for battle of freedom. It has been a nursery of great judges, orators,
statesman and even revolutionaries. The history of Indian independence movement, if impartially
written, would devote more pages to lawyers than to the votaries of any other vocation.
As Lord Bolingbroke puts it The profession of law in its nature the noblest and most beneficial
to mankind, is in its abuse and abasement the most sordid and pernicious
At the same time we also have to take into consideration the fact that the legal education is one
of the most neglected one in the country and the north eastern states are no exception. Till early
1920s, opportunities for quality legal education in India were limited. It is not uncommon to see

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Supra Note 1
Supra Note 1

Indian legal luminaries from the era with an Oxbridge law degree and enrolment at an Inn of
Court.

Though reputed colleges like Government Law College, Mumbai were in existence since later
half of the 19th century, the founding of faculty of law on Delhi University, ILS Law College in
Pune and a host of other colleges in various states and universities across the country made
quality legal education accessible. The Bar Council of India kick-started the next level of
evolution in legal education in the country through the founding of National Law School of India
University. The establishment of this premier law school in Bengaluru has brought about a
paradigm shift in teaching of, and research in law.
However, the legal education sector has for many years has remained more or less the same, but
with globalization, privatization of education and with the advent of National law schools in
India a few positive changes occurred with respect to the legal education in India but that has
not been able to resolve many of the issues relating to legal education. The legal education
system lacks a practical oriented approach, most of the law colleges in India and in the north east
particularly follows the curriculum as prescribed by Bar Council of India in the most traditional
method. Thus, the concept of clinical legal education in India becomes more significant if we
really want to bring about a positive change in legal education.
As such an attempt has been made in this paper to study the issues and challenges of legal
education in India with special reference to North East and suggest ways to overcome the issues
that are hindering the progress of legal education in India especially with respect to curriculum
and teaching learning approach towards law education.
Key words: Law, education, clinical, curriculum

Objective of the paper:

(1) The first objective of the paper is to analyse and study the present status of legal
education in India.

(2) The second objective of the paper is to suggest ways through which the problems
concerning legal education with respect to curriculum can be removed.
Methodology:
The present paper is primarily based on secondary sources like the report of government of India,
books, journals and articles etc. the methods used are historical-analytical and narrative method.
Introduction:
The search for knowledge has been the most defining theme for the ancient India.
In the past, highly advanced institutions of learning situated in Nalanda, Taxila and Vikram
shila flourished imparting education on a vast range of subjects where the spirit of inquiry
was encouraged. Erudite treatises on a variety of subjects ranging from science to fine arts,
mathematics to philosophy are living testimonies to the heights of learning and knowledge that
developed in Ancient India.5 Under the British rule, however, education remained elitist cater
ing to only the socially advantaged sections of society. The colonial period also saw the be
ginnings of the university system in India with Lord Macaulays minutes forming the foundat
ion of the philosophy behind the development of an English educational system. By 1923, ther
e were 23 universities established across India. After independence, the Government of India
realized that the economic and social progress would be contingent upon the spread of ed
ucation across the country. Several initiatives were taken including the setting up of the Un
iversity Grants Commission, an autonomous body for the development and maintenance of
standards in higher education, and establishment of several other institutions of technical a
nd scientific excellence.

The Constitution of India devolves responsibility for education upon the Central as well as
the State Governments.
The policy and action plan of higher education in independent India are largely based on t
wo landmark reports called the University Education Commission (otherwise known as Ra
dhakrishnan Commission) Report in 1948 49 as well as the Education Commission (also k
nown as Kothari Commission) Report
5
6

in 1964 66. 1n 1986, a National Policy on Educat

Report on Statistical and Higher Education (2007-2008), Government of India.

Supra Note 5

ion was enunciated to prepare the Indian education system for the 21st century. The National
Policy on Education, as amended in 1992, stated that higher education provides people wit
han opportunity to reflect on the critical social, economic, cultural,
moral and spiritual issues facing humanity and contributes to national development through
dissemination of specialized knowledge and skills. Higher education is, therefore, a crucial fa
ctor for survival. 7
Legal Education in India could be traced from as early as the Vedic age, when it was essentially
based on the concept of Dharma. However, there is no hint of any formal legal education offered
at that time. The training in law was self learning and mostly the kings themselves dispensed
justice. Occasionally, judges were appointed to administer justice. These judges were not
formally trained in administration of justice but were well known for their "righteousness and
justness" and for following Dharma8. Law being the embodiment of social values and at the
same time the means of attaining them is considered as one of the most effective vehicles of
development and also legal education is one of the most significant tools for the upliftment of the
society. Legal education plays a very vital role in the creation of a just society by imbibing the
sense of rule of law in the minds of the people.
Legal education has an important role to play in the establishment of law-abiding society.
Excellence in legal education and research is extremely important, because it will help shape the
quality of the rule of law9. An important objective of the legal education is to produce lawyers
who are committed towards the needs of the society. Law is an important means for bringing
social change in society and a lawyer is an important medium for bringing that change through
social engineering. Over the years the concept of legal education has changed considerably. The
Vision Statement 2010-2012 of the Chairman of the Bar Council of India, published on June 2,
2010, commenced with a promise to the Nation, of ensuring equality before the law and the
supremacy of the rule of law in the Indian democracy. The Vision Statement recognised the
7

Supra Note 5
Dr. Justice Anand A. S (1998) Legal Education in India Past, Present and Future, Supreme Court
Reports, Vol. 3 p- 1
9
Naser Mahmud Mostafa,(2006- July) The role of clinical Legal Education in increasing access to
Justice: the Context of Banglades, Paper presented in Common wealth Legal Education Association
Conference, p 54.
8

need to address various issues as well as the several different constituents of the legal profession
in India to fulfill this promise. Specifically, the Vision Statement identified:
(a) Inadequate quality of legal education and infrastructure, and
(b) Lack of relevant skills training to meet with the ever-changing demands of the modern
world, as two of the issues affecting the image of the legal profession in India10.
The concept of legal education is fast changing now the profession is not limited to practice in a
court of law but now one can enter into varied vocations after studying law such as Joining a
Law firm as an associate, Legal officer in a bank/MNCs/Corporations, Reputed National and
International NGOs, LPO, Academics, Legal journalism, Armed forces, and Research etc.
Clinical legal education (CLE):
The traditional system of legal education which is followed by most of the universities and law
colleges are far from perfect in order to equip the students with the right skills and attitude to be
able to enter into todays competitive market of employment or to serve the cause of humanity
through application of law. In search for an answer to the question as to how to make the legal
education more practical oriented so that the students are not only confined just to the study of
law, but actually understand them and apply those laws to real life situations, the concept of
Clinical legal education(CLE) was advanced. This phrase was first used by Jerome Frank in
1933 when he forcefully argued for more dynamic interaction between the bar and the law
school curriculum11. clinical legal education enables a student to understand the practical skills
required to excel in the legal field. it offers an excellent opportunity to the students to learn and
experience under supervision not only about professional skills used by lawyers but also about
many aspects of the hidden curriculum essential for preparation to enter into the real practical
field. In short the very concept of clinical Legal Education is based on Learning by doing.
There are some basic objectives of Clinical Legal Education such as:12

10

11

12

Kumar C Raj,(2006, 4th July) Rule of law and legal education, The Hindu
Jerome Frank ,(1933) Why not a criminal Lawyer School. 81 UPA Law Review 907

6.
Ms. Ruchita,( 2006, July) access to Justice through Legal Education, Paper presented in Common
wealth Legal Education Association Conference, p 73.

(a) Legal skill development

(b) System operation Knowledge
(c) Growth of responsibility
(d) Professional responsibility growth
(e) Human Relation Understanding

(a) Legal skill development: clinical legal education tries to lay emphasis on legal skill
development such writing of pleadings, research, making submissions problem analysis,
preparing legal documentation etc. moot court play a vital role in developing such skills
in students. Such preparation of the student during his/her study make the students more
confident and competent in his practical life.
(b) System Operation Knowledge: first hand observation fosters greater understanding and
enables the observed to make more critical judgment regarding the functioning of system.
Students involved in clinical work are participant observers. The law students obtain the
skill development benefits of actual participation as well as they are prompted to
understand critically and systematically the mechanics of operation of the institution they
are serving.
(c) Growth of Responsibility: Generally students are encouraged to work in a group while
learning by doing, such as participation in moot court or a legal aid camp. Organization
and performance of such activities develop professional responsibility of the students. In
legal aid camps students may be asked at least a week before to prepare a questionnaire
including the details of persons, occupations, government benefits availed and other
problems faced etc by the locals of the area where legal aid camp is to be conducted, then
try to find the answers to those problems under the guidance of a senior teacher then
providing those solutions to the people, informing them about their rights and privileges
and in case of deprivation how they can avail them. Such exercises will definitely
increase the interest of the students in understanding more about the law and their
application in the society.
(d) Professional responsibility growth: Law schools have considered this to be an area of
curricular concern, where most schools offering course in practical training have not

worked well in developing in student sensitivity towards ethical issues. Sometimes the
students complain on non relevance of the course but how insight can be treated through
clinical programmes where students are engaged in actual cases rather than domestic
learning experience of classroom. To find out a solution to a problem faces the students
to choose among values including his emotional consideration.
(e) Human relations Understanding: The practice of law cannot be accomplished in
isolation from the interaction of the people. Developing keen lawyer client skills
concomitantly results in gaining an understanding of how human beings inter relate.
Similarly, acquiring knowledge about ones self in the context of law practices, involves
learning about human relations.7
Access to justice is the basic pillar of any type of government. Without justice, there will be
anarchy everywhere. Preamble to the Indian Constitution also provides for economic, social and
political justice. Legal awareness is the best tool for easy access to justice. Legal profession can
play foremost role in this honorable cause. As we know, legal education is the base of legal
profession.
Thus, through clinical legal education one can gain more practical oriented knowledge about
law, for a comprehensive understanding in the field of law CLE plays a very vital role. The
effective administration of justice depends upon a legal fraternity which is equipped to deal with
every kind of problem affecting the society but this in turn depends upon the skills and
knowledge of the legal fraternity, as such legal education and specially CLE can play a very vital
role in creating and preparing a legal fraternity which is ever ready to serve the cause of
Humanity and justice with all the required skills.
Legal Education in North East India:
The North Eastern region of the country is one of the most strategically important and potent
region for the Indian Sub continent. It shares 98% of its boundary, internationally. Yet, the
region lacks in terms of educational development, specifically, in terms of Legal education.
Research can contribute significantly toward improvement in teaching and, more importantly,
addressing numerous challenges relating to law and justice. If one were to look at the faculty
profile of the worlds top law schools, one will find that there is great emphasis on research and

publications among academics. Besides teaching, they contribute in significant ways by initiating
and developing research projects in cutting edge areas, by professional contributions to
international organizations, law firms and corporations, and by playing an important role in
government policy formulation and promoting civil society activism. Law schools and academics
in India need to go a long way in developing an institutional culture that promotes and
encourages research that has the capacity to foster many positive changes in society at large.
Following are some of the challenges faced by legal education in the North eastern Region of the
country:13
1) Physical infrastructure and financial resources:
Bar Council of India has to recognize that there is a need for creating sound physical
infrastructure. There should be more funds for this and for developing research projects and
other initiatives to encourage faculty members. Generally, the infrastructure of the national law
schools is better than what exists in the law departments of traditional universities. Improvement
in infrastructure should be across the board, including in universities which still produce most of
the law graduates. University campuses should be places that can inspire students and the faculty
so that they are involved in reflecting upon the various problems that confront society. Academic
freedom to think and contribute cannot be ensured if universities lack the necessary physical
infrastructure and financial resources.
2) Need for developing philanthropic initiatives:
Philanthropy in legal education is rare. It by and large remains a state-sponsored endeavour or an
unimpressive commercial enterprise devoid of high academic standards. There is an urgent need
for encouraging philanthropic initiatives in promoting excellence in legal education and research
in the country. Recently, the National Knowledge Commission (NKC) constituted by the Union
Government in 2005 submitted its first annual report. Legal education was one of the focus
areas; among the different issues considered as part of the NKCs consultations with law
academics and practitioners were methods of attracting and retaining talented faculty and
developing a serious research tradition that is globally competitive. The NKC report noted the

13

C.Raj Kumar, Improving Legal Education in India, The Hindu, Dated 27.06.2007.

following with regard to philanthropic contributions: It is clear that we have not exploited this
potential. In fact the proportion of such contributions in total expenditure on higher education
has declined from more than 12 per cent in the 1950s to less than three per cent in [the] 1990s
Philanthropy in legal education is essential for its growth and development. Every effort ought to
be made by all stakeholders, including the law schools, the bar, the bench, the law firms and
corporations for promoting philanthropic initiatives in legal education and research.
3. Hiring good teachers and researchers:
There is a need to fundamentally re-examine the context of legal education in the country. The
present system does not sufficiently recognize the key problem with regard to legal education
lack of faculty members who are good teachers as well as sound researchers. There is need to
identify talent among young lawyers so that they can be encouraged to consider academia as a
career option. There is no doubt that poor financial incentives discourage many young and
brilliant lawyers from considering a career in academia. It is important to address this issue as
well. But there could be other factors where improvements and changes are feasible: such as
career development opportunities within the law schools; development of research infrastructure
including the resources to organize and participate in national and international conferences, and
undertake serious research; a harmonious environment that fosters mutual respect; governance of
the law schools in a transparent fashion; and, above all, faith in the leadership of the institution
that excellence will not only be promoted as a general policy, but affirmative efforts will be
taken to encourage and support excellence.

Globalization and the changing dimensions of the Indian economy and polity have thrown up
new challenges of governance. Rule of law in all its dimensions remains the single most
important challenge the country is facing. The criminal and civil justice systems are under severe
stress. The role of law schools in imparting legal education and developing lawyers who are
rational thinkers and social engineers is central to the future of legal education and the
development of a knowledge economy in India. This can be done only if the law schools are able
to attract some of the best and the brightest lawyers to make a lifelong commitment to teaching,

learning, and research so that they are able to inspire generations of students to work towards
establishing a rule of law society in India.

* Assistant Professor, Centre for Juridical Studies, Dibrugarh University

** Student, 9th semester B.ALL.B (H) Centre for Juridical Studies, Dibrugarh University

References:
1. C.Raj Kumar, Improving Legal Education in India, The Hindu, Dated 27.06.2007.
2. Downloaded from https://www.britannica.com/topic/law; retrieved on 10.11.2016 at
10.40 p.m.
3. Dr. Justice Anand A. S (1998) Legal Education in India Past, Present and Future,
Supreme Court Reports, Vol. 3 p- 1
4. Jerome Frank ,(1933) Why not a criminal Lawyer School. 81 UPA Law Review 907
5. Kumar C Raj,(2006, 4th July) Rule of law and legal education, The Hindu
6. Ms. Ruchita,( 2006, July) access to Justice through Legal Education, Paper presented in
Common wealth Legal Education Association Conference, p 73.
7. Naser Mahmud Mostafa,(2006- July) The role of clinical Legal Education in increasing
access to Justice: the Context of Banglades, Paper presented in Common wealth Legal
Education Association Conference, p 54.
8. Report on Statistical and Higher Education (2007-2008), Government of India.