“Legal education is essentially a multi-disciplined, multi-purpose education which can develop the human

resources and idealism needed to strengthen the legal system. A lawyer, a product of such education would
be able to contribute to national development and social change in a much more constructive manner.”--
S.P.Sathe 1
INTRODUCTION
'Law is the cement of society and an essential medium of change'. Knowledge of law increases one's
understanding of public affairs. Its study promotes accuracy of the expression, facility in arguments and skill
in interpreting the written words, as well as some understanding of social values. It is pivotal duty of everyone
to know the law. Ignorance of law is not innocence and it cannot be excused. Thus, legal education is
imperative not only to produce good lawyers but also to create cultured law abiding citizens, who are
inculcated with concepts of human values and human rights. That is why Roscoe Pound described a member
of legal profession as one pursuing 'a learned art' as a special calling, demanding high quality of study and
research and a commitment to the cause of justice.2 The study of law must, therefore, be of that quality and
standard as would justify Roscoe Pound's description of a professional.
MEANING AND IMPORTANCE OF LEGAL EDUCATION
According to Babylon's Dictionary, “Legal education is the education of individuals who intend to become
legal professionals or those who simply intend to use their law degree to some end, either related to law (such
as politics or academic) or business. It includes:
• First degrees in law, which may be studied at either undergraduate or graduate level depending on the
country.
• Vocational courses which prospective lawyers are required to pass in some countries before they may
enter practice.
• Higher academic degrees”.3
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-
enforcing, governance and administration, corporate legal counselling and alternative dispute resolution.
Besides, lawyers, judges and law-graduates have a social responsibility towards the people at large to facilitate
their access to justice, not only by way of application of law, but also by promoting mass legal awareness,
sensitizing people to sectoral as well as national issues, upholding and propagating, thereby, social values of
law. These have great bearing on the rule of law, democracy and socio-economic development of a nation.
There is therefore need to articulate a clear long term vision on legal education in India, a vision guided by a
continuing commitment to excellence. Here arises a bunch of compelling self-imposed questions to which we
should answer. Why is there lack of interests and enthusiasm to study law as an academic career? If we want
to study seriously, why are we lacking behind? Or is it that there is want of proper and adequate infrastructure

1
Access to Legal Education and Legal Profession by Sathe, S.P.; published in (1989).
2
Pound, Roscoe. Jurisprudence Reprinted 2000 by the Lawbook Exchange, Ltd. ISBN 1-58477-119-4.
3
http://dictionary.babylon.com/legal%20education
1
for higher education of law? Then, whose responsibility is to provide them? Or is it that we could not establish
an academic atmosphere of law with the existing institutions? Are we not concerned of the law which directly
or indirectly affect our daily existence? Laws like the Right to Information Act, 2005 and Protection of
Women against Domestic Violence Act, 2005 and the Protection of Women from Domestic Violence Rules,
2006, etc. can be said to be positive and empowering in nature for they provides the protection of women from
all forms of domestic violence. While the Armed Forces Special Powers Act, 19584 is of oppressive nature
which curtails basic fundamental rights. But how can we know that a law is for public good or of oppressive
nature without studying the law? This is the crux. Why, then, we shed tears and cried against the Manorama
incident5 and Shopian case6? And why is Sharmila7 or the Kangla8 protest? The questions relating to law
would be answered by the students of law, lawyers, academics, etc. who knows the law. Here lies the
importance of the legal education.
HISTORICAL DEVELOPMENTS
The pattern of legal education which is in vogue in India was transplanted by the English, after the
establishment of their rule in India. Formal legal education in India came into existence in 1855 when the first
professorship of law was established at the Government Ephistone College. As majority of the population was
rural and illiterate, the need was felt to bridge the gap between the existing law and the uneducated masses
crying for justice, by rendering importance to formal legal education. In the year 1857, legal education was
introduced as a subject for teaching in three universities in the presidency towns of Calcutta, Madras and
Bombay. Thus, a beginning of the formal legal education was made in India.

4
Armed Forces Special Powers Act, 1958 is a law enacted in 1958 ordinarily to maintain law and order in the
states of Assam and Manipur, because of Naga uprisings but extended, its purview by the 1972 Amendment, to
the all the seven states of the north-east except Sikkim.
5
Thirty-two-year-old Manorama was found shot dead a few hours after her arrest by personnel of the Assam
Rifles on July 11 on the suspicion that she was an activist of the Secessionist People’s Liberation Army.
Describing Manorama as an “expert in handling explosives,” the Assam Rifles have claimed that she was shot
while trying to escape. But eyewitness accounts of extensive injuries on her body have cast doubts on this story
and given rise to the allegation that she was tortured and raped before being killed.-
http://news.Indiamart.com/news-analysis/manipur-mess-7075.html
6
Shopian rape and murder case refers to the abduction, gang rape and murder of two young women in
mysterious circumstances on the intervening night of May 29 and 30, 2009 at Bongam, Shopian district of
Jammu and Kashmir, India. There were violent protests against the incident, with protesters accusing the Indian
Armed Forces of raping and murdering Neelofar Jan (22) and Asiya Jan (17). They also accused the State
government and the police of hiding facts. Amidst public outcry, the state government, on 3 June 2009, appointed
a commission headed by Justice Muzaffar Ahmad Jan to investigate the case. The panel submitted a 400-page
report to the government, in which it called for more investigation into the role of security forces personnel, but
suggested that the killings were most likely the result of a family feud that was misrepresented by the media.-
Hussain, Altaf (1 June 2009). "Deaths provoke Kashmir protests". BBC News.
http://news.bbc.co.uk/1/hi/world/south_asia/8076666.stm.
7
Irom Sharmila has been on an indefinite fast since 5th November 2000 to protest the killing of innocent people
by security forces in Manipur. She has been arrested innumerable times and nasal fed forcefully, but the young
woman has continued her protest to demand the repeal of the Armed Forces Special Powers Act, a controversial
law promulgated to curb insurgency in the state.. Not a single human being has abstained from food in protest
for so long. - http://news.rediff.com/slide-show/2009/sep/04/slide-show-1-the-iron-lady-of-manipur.htm
8
The sudden killing of Th. Manorama Chanu by personnel of 17th Assam Rifles in July 2004 led to a strong
protest against this draconian act in Manipur. This was subsequently followed by naked protest in front of the
historic kangla palace by some elder Manipuri(meitei) women shouting the slogans like "INDIAN ARMY TAKE
OUR FLESH","INDIAN ARMY RAPE US" etc.
2
For almost a century from 1857 to 1957, a stereotyped system of teaching compulsory subjects under a
straight lecture method under the two year course continued. The need for upgrading legal education has been
felt for long. It was only from 1958, that many universities switched over to three year law degree courses. In
1961 the Advocates Act, 1961 was enacted by the Parliament of India to provide for proper management and
control of legal education system in India.
AGENCIES REGULATING LEGAL EDUCATION
The Constitution of India basically laid down the duty of imparting education on the States by putting the
matter pertaining to education in List II of the Seventh Schedule. But it now forms part of List III, giving
concurrent legislative powers to the Union and the States. Legal profession along with the medical and other
professions also falls under List III (Entry 26). However, the Union is empowered to co-ordinate and
determine standards in institutions for higher education or research and scientific and technical institutions
besides having exclusive power, inter alia, pertaining to educational institutions of national importance,
professional, vocational or technical training and promotion of special studies or research.
Empowered by the Constitution to legislate in respect of legal profession, Parliament enacted the Advocates
Act, 1961, which brought uniformity in the system of legal practitioners in the form of Advocates and
provided for setting up of the Bar Council of India and State Bar Councils in the States. Under clause (h) of
sub-section (1) of Section 7 of the Advocates Act, 1961 the Bar Council of India has power to fix a minimum
academic standard as a pre-condition for commencement of studies in law. Under clause (i) of sub-section (1)
of Section 7, the Bar Council of India is also empowered "to recognize Universities whose degree in law shall
be taken as a qualification for enrolment as an advocate and for that purpose to visit and inspect
Universities”. The Bar Council of India Rules, inducted under The Advocates’ Act 1961, lays down the
curriculum for imparting legal education throughout India and said Bar Council of India Rules have been
governing the procedural aspects of legal education, including, but not restricted to the subjects to be taught,
mode of examination to be conducted, the various degrees to be conferred on successful students and the like.
The Act, thus, confers on the Bar Council of India the power to prescribe standards of legal education and
recognition of law degrees for enrolment of persons as Advocates. However, for promoting legal education
and for laying down standards of legal education, the Universities and State Bar Councils must be effectively
consulted. The University Grants Commission has in the course of time evinced interest in improving legal
education and has taken various steps towards that end, through adequate funding, creation of senior posts and
other means.
LEGAL EDUCATION – PRESENT SCENERIO
Presently two systems of legal education are operating simultaneously. One system of legal education is
Three-Year Law Course introduced by the Bar Council of India in 1967. For admission in Three-Year Law
Course, a person must be a graduate having Bachelor's Degree in the discipline of Science, Arts, Commerce,
Medicine or Engineering, etc. Other system is Five-Year Integrated Law Course after 10+2 examination
initiated by the Bar Council of India in 1987. For its proper implementation Bar Council of India has
established National Law School of India University (NLSIU) at Bangalore in 1987. Following the same line,
3
National Law Schools were subsequently established at Hyderabad (Nalsar University of Law), Kolkata (West
Bengal National University of Juridical Sciences), Bhopal (National Law Institute University) and Jodhpur
(National Law University). In the Five-Year Law Course, a student is admitted to the Course at the end of
twelve years of schooling, and completes the course in five years. First two years of the Five year Course are
devoted to Pre-Law Course where seven compulsory subjects are to be studied, namely (i) General English,
(ii) Political Science, (iii) Economics, (iv) History, (v) Sociology, (vi) Legal Language including legal writing,
(vii) History of Courts, Legislatures and Legal profession in India. Remaining three years of the Five-Year
Course are devoted to the study of law subjects. In some Universities, certain law subjects are included in the
first two years when Pre-Law Course is taught. Some Universities, such as Pune University award Bachelor's
Degree(Academic) on completion of three years of the Five-Year Course. After this the importance of legal
education started receiving serious and commendable attention from the community of students, legal
fraternity, academics, intellectuals, socio-political institutions, etc. The three year course itself came to be
restructured into a semester system and several papers are included and excluded as per the Bar Council
guidelines.
COMPARATIVE STUDY OF LEGAL EDUCATION SYSTEMS IN INDIA9:
A comparative study of the two systems is necessary to appreciate their respective merits and demerits, and
their relevance and adequacy to fulfill the variety of objectives of the legal education.
(I) Inclusion of new subjects: At present, several National Law Schools and institutions have come-up where
Five-Year Law Course is taught. Various Universities have introduced Five-Year Law Course while
continuing with the existing Three-Year Law Course. In order to equip the students with the knowledge of
new subjects in the field of law, the same have been included in the syllabus of the Five-Year Law Course as
well as the Three-Year Law Course.
(II) Division in Semesters: Both the Five-Year Law Course and the Three-Year Law Course have been
divided in Semesters.
(III) Relevance of subjects from the disciplines of science, etc. : The students pursuing Three-Year Law
Course join the course after getting Bachelor's Degree in the discipline of Science, Arts, Commerce, Medicine
or Engineering, etc. Having graduated in different disciplines, they tend to adopt distinct and novel
approaches to the legal problems, and thus make the legal profession rich. Legal problems requiring
specialized knowledge in different fields are dealt with competently by such lawyers. In the Five-Year Law
Course, the students are required to study specific Arts subjects in their pre- Law Course, namely, Economics,
Sociology, History and Political Science. No place has been given to the subjects from the fields of Natural
Science, Medicine, and Engineering etc. These subjects are equally relevant for the students in order to
appreciate various problems now coming before the law courts, particularly, pertaining to medical cases.
Further, the students who pass 10+2 in Science subjects face difficulty in coping with the vast syllabus of Arts

9
Re-Inventing Legal Education: Challenges & Opportunities-By Justice S.P. Mehrotra Judge High Court,
Allahabad -- http://www.ijtr.nic.in/webjournal/6.htm

4
subjects prescribed in the Pre-Law Course. Lack of proper staff and guidance in various institutions coupled
with the time-limitation of semesters makes the task of these students cumbersome.
(IV) Financial aspects: Expensive infrastructure including building, library, computers, hostel, etc. is
required for starting Five-Year Law course. On account of huge financial involvement in establishing and
running Five-Year Law Course, various Universities and Colleges have resorted to self- financing system for
establishing and running Five-Year Law Course. This in turn puts heavy financial burden on the students
taking up Five-Year Law Course. They are required to pay heavy fee under various heads including tuition
and examination. The students coming from modest back ground, therefore, find it difficult to join Five-Year
Law Course. In Three-Year Law Course also, there has been upward revision of fee-structure, but it is still
manageable for all sections of the society.
(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
5
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. Rajkumar10, “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.11
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

10
Global Legal Education In India: Opportunities And Challenges by C. Rajkumar--
http://www.halsburys.in/global-legal-education-in-India.html
11
Report of University Education Commission of 1948−49 headed by Dr. Radhakrishnan,
6
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.” 12
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 198313:
"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
Commission14, 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

12
The Law Commission of India, Report on Reform of Judicial Administration (1958) Chapter 25 on 'Legal
Education', p-520- 555.
13
Repairing the Cracks in Legal Education by Justice A.M. Ahmadi--- ( 1993) 1 SCC (Jour) 3.
14
The Law Commission of India, Report on Reform of Judicial Administration (1958) Chapter 25 on 'Legal
Education', p-520- 555.
7
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!”15
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.”16
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.17
National Knowledge Commission by quoting the judgment of Supreme Court of India in All India Judges
Association Vs. Union of India,18 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

15
Repairing the Cracks in Legal Education by Justice A.M. Ahmadi--- ( 1993) 1 SCC (Jour) 3.
16
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), Ch. XII ‘Training and
Apprenticeship’ p-102-116.
17
www.knowledgecommission.gov.in
18
A.I.R. { 2002} SC 1752.
8
and if it is revealed that the standards are poor, it may be necessary to direct closure of such law schools19.”
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." 20
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.21 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
19
Report of the Working Group of the National Knowledge Commission on Legal Education, (2005) Para- 3.8.1,
p-17.
20
K.G. Balakrishnan, To Meet the Global Standards: The Immediate Challenge of Our National Law Institutes,
U. NEWS, Sept. 24-30, 2007, at 25,26 (excerpt from Convocation Address at NALSAR University of Law on July
21, 2007).
21
Professional Education--http://education.nic.in/cd50years/home.htm
9
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’ stated22:
"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
Committee23 (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,
(i) the academic stage,
(ii) the professional stage, comprising both institutional training and in-training, and
(iii) 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

22
O. Kahn Freund: Reflections on Legal Education, Modern Law Review, Vol. 29(2), pp. 121-123.
23
Report of the Committee on Legal Education (Chairman Mr Justice Ormrod) Chapter 9, paragraph 185(3), p.
94.
10
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.”24
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.25
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.

24
Repairing the Cracks in Legal Education by Justice A.M. Ahmadi--- ( 1993) 1 SCC (Jour) 3.
25
Repairing the Cracks in Legal Education by Justice A.M. Ahmadi--- ( 1993) 1 SCC (Jour) 3.
11
 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.26
(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
26
Repairing the Cracks in Legal Education by Justice A.M. Ahmadi--- ( 1993) 1 SCC (Jour) 3.
12
 officers.27
(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.28
(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,29 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.
27
Ibid.
28
Dr. N.R. Madhava Menon; “ Reforming the legal profession: Some ideas”----
http://www.hindu.com/2008/02/20/stories/2008022052621000.htm
29
A.I.R. {1996} SC 1.
13
 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.30 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 & Others31 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.”

30
A.I.R. {1998} AP 105.
31
{1998} (4) Bom. C. R. 381.
14
  In the year 1999, the Hon’ble Supreme Court of India in the case of V. Sudeer Vs. Bar Council of
India,32 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 Others33 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,34 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

32
A.I.R. {1999} SC 1167.
33
{2000} (2) A.L.T. 94.
34
A.I.R. {2001} P&H 41.
15
 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 Ors35, 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.,36 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,37 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

35
{2002} (5) A.L.D. 592.
36
Manu/MP/1142/2006.
37
Manu/TN/1581/2008.
16
 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”.38
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.”
____________________________________________________

38
Repairing the Cracks in Legal Education by Justice A.M. Ahmadi--- ( 1993) 1 SCC (Jour) 3.

17
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 Hussain, Altaf (1 June 2009). "Deaths provoke Kashmir protests". BBC News. ---
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 H.L. Sarin Memorial Lecture: Legal Education in India- Past, Present and Future by Dr Justice
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 Dr. N.R. Madhava Menon; “Reforming the legal profession: Some ideas”--
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 Indian Express dated 11th September, 2009.
 The Law Commission of India, Report on Reform of Judicial Administration (1958).
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