INDEX

I. INTRODUCTION

1. INTRODUCTION TO THE AREA OF STUDY

2. RESEARCH METHODOLOGY

3. LITERATURE REVIEW

4. RESEARCH PROBLEM

5. HYPOTHESIS

6. RESEARCH QUESTION

7. CHAPTERIZATION

II. LEGAL AWARENESS

1. LEGAL AWARENESS AS A TOOL OF SOCIAL CHANGE

2. FREE LEGAL AID AND LEGAL AWARENESS

3. LACUNAES IN IMPARTING LEGAL AWARENESS

4. IMPORTANCE OF LEGAL AWARENESS

5. NEED FOR LEGAL AWARENESS PROGRAMME

6. CIVIL SOCIETY AND LEGAL AWARENESS

7. MEANS TO IMPROVE LEGAL AWARENESS

8. OTHER MEANS TO IMPROVE LEGAL AWARENESS

III. LEGAL EDUCATION

1. EVOLUTION OF LEGAL EDUCATION IN INDIA

2. LEGAL EDUCATION AS A TOOL FOR SOCIAL CHANGE

IV. CONCLUSION

V. BIBLIOGRAPHY
LEGAL AWARENESS AND LEGAL EDUCATION AS A TOOL OF SOCIAL CHANGE

I. INTRODUCTION

Introduction to the area of study

The phrase "social change" is used in a variety of academic fields, including sociology,
economics, politics, and law. This indicates that various fields have an impact on social change.
The most important topic among the others is law, since it is a set of rules that governs society.
The ultimate power in the hands of the states to control what is right and wrong in society is law.
Law is not only provided to give the society a set of guidelines for how it should operate; it also
contains rules that the society is expected to embrace in its own manner in order to ensure the
welfare of those who live there1.

In the past, society has regulated itself by adhering to certain norms in order to foster elements of
consistency, progress, and uniformity. The law is a manifestation of the social norms that were
adopted. Everyone in society was required to abide by the rules, and breaking them would
constitute an offence that may be either criminal or civil in nature. Currently, the same pattern is
still being used. The only thing that has changed is that the existing laws have been amended to
modernise society for a better appearance. Because the connection between law and society is so
old, it needs to be nurtured and maintained in order to remain vibrant2.

There are two theories that determine how social change can occur. They are offered below:

1. According to the linear theory of social change, improvements and advances in society
happen as it steadily moves toward a better civilisation. As a result, as the people in
society change, so does society as a whole.

1
Law and Social Change, available at: http://www.legalservicesindia.com/article/1171/Law-And-Social-
Change.html#:~:text=Law%20as%20a%20means%20of,important%20agency%20of%20social%20control. (last
visited on 20th November, 2022)
2
How can Law be used as an instrument for creating social change, available at: https://blog.ipleaders.in/can-law-
used-instrument-creating-social-change/ (last visited on 2oth November, 2022)
 2. Cyclic theory of social change: According to this theory of social change, societal
changes are cyclical in nature and hence occur again. As a result, this theory views social
change as being ongoing without any discernible pattern.

Law is necessary because social change theories are unable to reform society on their own. Law
aids in bringing these notions via processes so they can be put into effect. Social movements
therefore cannot be carried out in the absence of legislative restrictions.

Law is a two-edged sword that can be used to improve people's access to justice as well as to
sanction retrograde trends or to legitimise actions that marginalise a group of people within a
democratic system. The advantages of law are found in the fact that it gives the disadvantaged
members of society a forum to voice their concerns. In order to establish the rule of law and,
ultimately, people's faith in the rule of law and governance, a people-centered legal system
empowers the marginalised in a way that allows them to use the justice delivery mechanism
effectively and efficiently. However, it is crucial to spread fundamental knowledge about the
principles and practises of law in order to use it as a tool for social change.

Research Methodology

The research will mainly be a “Doctrinal Study”. The data for the article would be taken from
the studies which are made to understand the detailed concepts of this topic. There are ample
source of literature available on this topic. The author has referred to authentic sites to impart the
basics of this topic. Various judgments have been referred to get clear information on the topic.
This Research has incorporated Secondary Data into consideration. There are many researchers
who have done extensive research on specific issues pertaining to this topic. Information and
data have been collected from different secondary sources like various websites, newspapers,
books, research papers and different PDF documents.
 Research Problem

The main research problem here is regarding the topic, Legal Awareness and Legal Education as
a tool as means of Social Change.

Hypothesis

The Present paper discusses about the topic of legal awareness and legal education as a tool of
social change. The paper will be divided into two parts. First, it will deal with the concept of
legal awareness as a tool for Social Change. It will go on to explain the need for legal awareness,
the importance of social awareness programme and how to improve legal awareness amongst the
citizens. The Second part deals with Legal Education. The part starts with the evolution of legal
education in India and ends with the role of legal education in bringing social change in India

Research Questions

The present paper explains the concept of the concept of Legal awareness and Legal education as
tool for Social Change. The following are the objectives of the present paper:

 To provide an overview about the topic of Legal awareness.

 To analyze how legal awareness is a tool for social change.
 To explain the advantages of Legal awareness.
 To explain the evolution of Legal Education in India
 To analyze the role of legal education in bringing about social change
 I. LEGAL AWARENESS

1. LEGAL AWARENESS AS A TOOL OF SOCIAL CHANGE

Also, according to P. Sathasivam, the Ex-Chief Justice of India, “legal literacy is the core basis
of the survival of our constitutional democracy. Our entire judicial setup functions on the
presumptions that all people are aware of their rights and can approach the concerned
institution3.”

Legal awareness can be defined as the legal consciousness that gives people influence over legal
concerns. Understanding the legal culture, taking part in law-making, and upholding the rule of
law is beneficial. Legal understanding is not only eye-opening, but it also helps a person free
themselves from the executive or any other established authority.

According to Ewick and Silbey, "the process by which people make sense of their experiences
by relying on legal categories and concepts" is what is meant by legal awareness. People do this
even when they are not familiar with the details and minutia of law or the legal system.  They
clarify that people employ cultural schemas established by law to interpret their experiences.
This is what is meant by legality. No matter who uses them or for what purposes, the idea of
legality comprises “the meanings, sources, authority and cultural practices that are commonly
recognized as legal, regardless of who employs them or for what ends." By helping people make
sense of what happens to them and what that can signify in terms of their rights and alternatives,
these meanings and sources are distinct ways of knowing. This interpretation of legal
experiences takes place within a larger ecosystem in which disagreements exist regarding
meaning and values.

Seron and Munger explain that "in addition, the class may affect legal consciousness: Law may
mean different things depending on an individual's location in the various hierarchies of status,
prestige, and knowledge associated with membership in a social class”.

3
Nirmalya Chaudari, 'Towards complete legal literacy', THE HINDU, available at:
https://www.thehindu.com/opinion/open-page/towards-complete-legal-literacy/article30479979.ece (last visited on
20th November, 2022).
The vast majority of our citizens are ignorant of both their human rights and the nation's legal
framework. People are aware of it, yet they are unable to afford it due to their economic and
social disadvantages. They cannot afford to continue paying for legal counsel, which has been a
costly matter. By enacting the 42nd Amendment to the Constitution in 1976, the Indian
Parliament included a specific Directive Principle, known as Article 39-A, with the goal of
offering free legal aid to qualified members of society4.

“Legal awareness facilitates people to demand justice, reliability, and remedies at every level of
their existence. It enables to understand or anticipate legal troubles and take the required and
necessary steps in order to prevent their occurrence.” When a citizen is aware of his or her rights
and has a basic understanding of the law, they can simply get legal advice and consultation at
any time, allowing them to deal with or avert a problem as it arises5. 

We can all agree that the absence of legal experience increases the significance of legal obstacles
and issues when they arise. Legal issues also frequently appear more serious than they actually
are by making the client feel unnecessarily intimidated because of a lack of legal knowledge.
Numerous cases of infringement happen as a result of a lack of legal literacy. This poses a
serious obstacle to the efficient application of all laws.

Legal awareness is a tool for empowerment that aids in demystifying the law and makes it
possible for social change and the process of law reform. This part of the paper examines the
significance of the role of law and Legal awareness in bringing about social change, with a
particular emphasis on the efforts being made to increase Legal awareness in order to enable
people to participate in the creation and execution of laws.

The Indian Constitution's Article 39A guarantees equal justice and free legal representation.
According to its provisions, the "State shall ensure that the administration of the judicial system
promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid,
by appropriate legislation or schemes or in any other manner, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other disabilities."

4
The Constitution of India.
5
Bhavana Bharbude, 'Importance of Legal Literacy In Growth and Development of India', Academia edu, available
at: https://www.academia.edu/7627860/Importance_of_Legal_Literacy_In_Growth_and_Development_of_India
(last visited on 22nd November, 2022)
The creation of Lok Adalats, and jati Panchayat as alternative dispute resolution mechanisms,
and provisions for free legal assistance for the needy through Legal Aid and Advice Committees
created under the National Legal Service Authority Act are only a couple of the actions taken to
attain this goal. In addition, efforts are made to consider traditional ideas of justice, such as
nyaya panchayats and other traditional methods of delivering justice.

The idea of public interest litigation has also been crucial in giving different social groups a
platform to voice their concerns through the legal system. The use of social action lawsuit has
been used to address issues related to the right to health, education, the environment, civil rights,
means of subsistence, and gender. Several of these programmes have been successful in raising
awareness of the state's indifference to injustice and the techniques used by the ruling elites.
Since independence, issues that have gone unaddressed for years have been raised through social
activism and legal negotiations about human rights concerns. Justice is being worked on to make
it more approachable, affordable, and humane. Making people aware of their legal rights can
help them voice their opinion on the injustice or harmful laws and thus creating a huge change in
the society.

We can also see the attempts of bringing legal awareness in Corporate and Institutional
Literacies.

a) Corporate Literacy - Legal literacy is a platform that bridges the divide between law and
industry by translating legal terms into business terms and encouraging people to see the
law as a valuable business tool. Corporate legal awareness is used to mitigate legal risk
for both workers and the company. When working with lawyers, executives must
cultivate a common language to bridge corporate contact barriers and gain legal
expertise.

b) Institutional Literacy - Professionals in a variety of areas, many of whom are well

educated, are frequently unaware of the law and the consequences of its infringement.
Non-governmental organisations (NGOs) come in and play a critical role in educating
people about general regulations by conducting workshops and training sessions.
Public legal education is also called legal awareness. Legal literacy will inspire individuals or
need the least standards of fairness, transparency, and efficacy. We all know that India could be
known to a wider variety of people with analphabetic, suffering, and harmlessness, and is in a
position to raise the consciousness of all this. Irrespective of analphabetism, one should
remember the country's essential rule. This helps people understand and engage with their rights
to provide free legal assistance in court.

Part III of our Constitution contains a list of fundamental rights, but for people who do not know
or understand them, they are merely imaginary rights. Equal access to the law is necessary for
the realization of this admirable idea of equality under the law. In order to emphasize the value
of legal empowerment in society, particularly for those on the margins, our government has
established the National Common Minimum Programme.6.

2. FREE LEGAL AID AND LEGAL AWARENESS

According to Article 39(A) of the Indian Constitution, the states must make sure that the judicial
system functions in a way that promotes equality before the law. It also mandates that no
citizen's access to justice be restricted due of their financial situation or other limitations. It also
mandates that no citizen's access to justice be restricted due of their financial situation or other
limitations. Delivering justice and balancing the various interests of a community become easier
when citizens grow aware of their rights and obligations. A more open, accountable, and "Rule
of Law" based government results from increased legal knowledge.

The legal aid system and its programmes should be made known to people. A large number of
NGOs can be effective in spreading awareness. In order to receive free legal representation at
court, they educate people to recognize their interests and include them in the process. Numerous
6
Shalini Sharma, 'Legal Literacy Growing Need of the Society' (SJIF, Oct 2016) Vol. 4(26) p. 2758.
committees and programmes have been established by the government for the benefit of those
who are economically and socially disadvantaged.

Due to a lack of public awareness, there is already a backlog in obtaining this right and
opportunity. Even though they are regarded weak and ignorant, they must nonetheless strengthen
their legal standing in order to seek justice and appear in court7.

In order to investigate providing legal assistance to members of the community who are from the
weaker parts in order to inform them of their legal and constitutional rights, a committee headed
by the Hon. Justice V.R. Krishna Iyer was constituted in 1972. In order to increase access to
justice for all facets of society, the committee was also urged to take this into consideration. The
government then established a committee for "Implementing Legal Aid Schemes (CILAS)"
under the leadership of Hon'ble Justice P.N. Bhagwati. The major reason for forming this
committee was to make recommendations regarding the best way for the State to carry out its
constitutional obligations under Article 39-A. The committee developed a number of plans to
make sure that the needy received legal aid as well as those individuals was made aware of their
legal rights. The committee also suggested actions to encourage community involvement in PILs'
capacity to enforce rights. Additionally, it developed a sample plan for the State Legal Aid and
Advice Board. The Legal Services Authority Act was enacted by the parliament in 1987 as a
result of these recommendations.

In accordance with the Legal Services Authority Act, the National Legal Services Authority
(NALSA) was established to create a national network for the provision of competent and free
legal services to the underprivileged. NALSA establishes numerous policies and principles,
monitors and assesses how various legal aid programmes are being implemented. A State Legal
Services Authority and a High Court Legal Services Committee were established in each state as
a result of this. In addition, the majority of the districts and taluks established a District Legal
Services Authority and Taluk Legal Services Committees to oversee the efficient execution of
the legal assistance programmes and to hold Lok Adalats, one of the Alternative Dispute
Resolution Mechanisms.

7
NALSA also conducts legal literary programmes every year in various schools and colleges all
across the country to educate people about their rights. They also conduct special programmes
for the welfare of women, children and senior citizens.

There are four major reasons for the failure of National Legal Services Authorities to provide
genuine legal aid:

a) the legal assistance laws are lacking in awareness;

b) there is a perceived incompatibility of free services with quality service;
c) the legal services authorities appear to have not had with lawyers and
d) Lawyers are usually bored by budgetary pressures to have professional legal aid8.

In the State Of Maharashtra v Manubhai Pragaji Vashi 9, case, the Supreme Court held that “to
provide free legal aid we need to have well-trained lawyers for which we need a sufficient
number of law schools with good teachers. This particular supreme court verdict shows that
there should be separate budgetary provisions for improving legal education”. Effective
provision of legal aid in India calls for the government to undertake a public information and
education drive to remind people of their right to free legal aid. The government must use more
streamlined procedures to boost the delivery of legal assistance, including, though not limited to,
increasing legal aid lawyers' pay. Free legal assistance rings false without the fundamental right.

Speaking in the valedictory position of the 17th All India Meeting of the National Legal Services
Authority (NALSA), the CJI said that a "root source" of "failures, exploitation and degradation"
of the rights and advantages of the masses was an absence of legal sensitivity. Justice Gogoi said
that the "legal aid revolution" could not fulfil its purpose until citizens became mindful of their
lawful rights and fundamental rights. According to him, "wider availability" means stronger and
more widespread access10.

8
Programme Management Unit CSC e-Governance Services India Limited, “Legal Literacy Project”, Prepared by
CSC e-Governance India Ltd under the Access to Justice (NEJK) project of Department of Justice, Ministry of Law
and Justice, GoI, available at: https://doj.gov.in/sites/default/files/English_final_1.pdf ( last visited on 20th
November, 2022)
9
(1995) 5 SCC 730.
10
Editorial, “Absence of legal awareness root cause of rights' deprivation”, Business Standard, (August 18, 2019),
available at: https://www.business-standard.com/article/pti-stories/absence-of-legal-awareness-root-cause-of-rights-
deprivation-119081800664_1.html (last visited on 20th November, 2022)
It is crucial to understand that the first step in making India a true superpower nation—one that
will not only transform the lives of the poor but also fundamentally alter how society functions in
other areas—is to ensure that all children receive a basic education, which must include
mandatory instruction in legal awareness and understanding. Not only will it assist in the
resolution of social, economic, and political concerns, but it will also help to prevent wealthy
people from taking advantage of others and to better integrate the various laws and legal
procedures established by our forefathers and legislators.

Mahatma Gandhi had said, “The first step in achieving justice is to injustice visible”. Our former
CJI Justice Gogoi said "The pursuit of justice must include the abolition of inequality because it
is unfair to deny someone the ability to pursue their right due to poverty." The goals that were set
and the goals that were accomplished differ significantly. The biggest barrier to the drive for
legal aid in India is a lack of legal literacy. The legal aid movement has not yet achieved its goal
because individuals are also ignorant of their human rights. Abuse and denial of the rights and
benefits of working people are caused by a lack of legal awareness.

3. LACUNAES IN IMPARTING LEGAL AWARENESS

It might be argued that the goal of accessible and effective justice could not be realised in
independent India despite the promises made by the succeeding governments. The reason for this
is that government spends a lot of money building massive infrastructures for delivering justice
while ignoring the need to educate the public about the law.

Money is also given to the construction of "ivory towers" in the judicial system, just as it was in
the health or education sectors. Instead of incorporating the beneficiaries or the clients in the
process and making the system user-friendly, efforts are focused on constructing an ever-more
intricate web of law and the legal system. This is not to downplay the importance of spending
money on setting up courts, hiring and training officials, etc. However, the urgent need to
educate people about their rights and obligations has gone unmet. The state has frequently
prioritised programmes to address the supply side of justice rather than problems with the
demand side of justice. Therefore, attempts to make justice more accessible frequently resulted
in the creation of a number of forums that are either ineffective or failed to provide simple,
quick, or efficient justice.

Instead of focusing on improvising the delivery mechanism by building a cadre of paralegals or

educating people about their rights and obligations, which would result in raising generations of
citizens across the nation who are aware of their legal obligations, solutions to provide accessible
justice were frequently sought by formulating complex versions of the formal legal system that
already existed. Furthermore, a lot of time and effort is put into figuring out the details of the
law's content, procedure, and technicalities, but not much is spent on eradicating the widespread
legal ignorance.

There are therefore many laws on paper, but in reality they have not been able to address
concerns of justice because either people are unaware of the details and content of the laws, or
because it is difficult to put the laws into practice. The problem was made more difficult by the
law's inherent contradictions. As a result, although there are laws that disagree with this
fundamental guarantee of equality on the grounds of sex, caste, religion, etc. By legalizing
hierarchical relationships, an unequal distribution of labour, and control over resource allocation,
the law frequently serves to entrench injustice. Many mechanisms play a crucial role in this
process. These include discriminatory and restrictive laws, law enforcement that is biased, and
prejudiced judgments. The ruling elites' ignorance of the importance of the law and of the
legislative process along with their propensity to ignore the needs of the marginalised, their
rights, how the law affects them, or the potential role they could play in changing the law may
serve to legitimise unjust and regressive trends. Because they do not believe they have any rights
or any connection to the legal system, the vast majority of people continue to live outside the
system, which is another significant issue with the law. They don't know what the system gives
them, which contributes to their exclusion from it, but it also contributes to the fact that it doesn't
have a lot to offer.
How can a woman possible believe that the law provides her anything when all the legal system
does in the wake of a rape is accuse her of being the guilty party? Although the legal and judicial
systems safeguard citizens' rights, they regularly fall short, and this failure leaves a lasting
impression. Those who believe the system has deceived them may not be able to appreciate it or
join it. People frequently avoid using the official legal system because it is convoluted,
expensive, and difficult to understand. In addition, informal remedies frequently appear to be
more effective than formal ones. But because the law is a tool for legitimacy and social order,
avoiding the legal system also means being excluded by the same system.

In addition, just like in medicine, those in the legal system fought against demystifying the law
and the legal system. As a result, the delivery of justice remained remote, alien, and unconcerned
with the needs of the general public. The majority of people were unable to take use of the
formal legal system due to a lack of knowledge, money, geographic access, or systemic flaws
and contradictions. The state disregarded its responsibility to bring the law to the people, which
is another reason for this. It has been said that the independent Indian used the same legal
procedures as the imperial tyrants, thus separating the law from the people it is meant to rule.

In addition, just like in medicine, those in the legal system fought against demystifying the law
and the legal system. As a result, the delivery of justice remained remote, alien, and unconcerned
with the needs of the general public. The majority of people were unable to take use of the
formal legal system due to a lack of knowledge, money, geographic access, or systemic flaws
and contradictions. The state disregarded its responsibility to bring the law to the people, which
is another reason for this. It has been said that the independent Indian used the same legal
procedures as the imperial tyrants, thus separating the law from the people it is meant to rule.

As a result, rather than actually addressing the problem, the state's efforts to make justice more
accessible amounted to little more than lip service. Because of this, it is necessary to create
legislation that would address the demand for Legal awareness and awareness programmes.
 4. IMPORTANCE OF LEGAL AWARENESS

Legal awareness is a powerful instrument that serves the following purpose:

 Citizens' activism allows them to confront injustice and make the rights guaranteed by the
Constitution a reality.

 Legal consciousness can be used to the greatest extent possible to promote access to
justice, which is fair, open, and non-discriminatory to all citizens.

 With the use of practical knowledge about the several mechanisms/organs of the justice
delivery system available for redress of their grievances, the general public can be
encouraged to protest against injustice.

 Knowing the company's laws is essential for protecting oneself from unjust treatment and
for avoiding fines in various circumstances.

The UN Secretary-General states in a note to the 67th session of the UN General Assembly on
the limitations on access to excellent education and information that people living in poverty face
throughout their lives. Social barriers to obtaining redress are produced by a person's weak
political influence and social capital, which are reflected in their lower levels of Legal awareness
and awareness of their rights11.

5. NEED FOR LEGAL AWARENESS PROGRAMMES

The democratic form of government is predicated on the assumption that the citizen is
knowledgeable about the numerous parts of law and government, which is not the case in our
nation. This supports the necessity to bring law enforcement to the public's doorstep.

11
Report of the Special Rapporteur on extreme poverty and human rights page 6 from Note by the Secretary General
on Extreme poverty and human rights for UNGA 67th session A67/278 Distri:General 9 Aug 2012.
Additionally, the diversity of the Indian population combined with the vicissitudes of the laws
brought on by the lack of political will, all contribute to the formulation of a legal system that is
unrelated to everyday life in the current socio-political structure, which justifies the need to start
initiatives for Legal awareness and create programmes that take into account the diversity that
already exists. The current formal Indian legal system, which is opaque, contradictory, and alien
in nature, highlights the importance of Legal awareness and awareness programmes and policies.
Its continued inaccessibility to the majority of people due to its complexity and
incomprehensibility is one of the reasons it continues to alienate the masses. The majority of
Indians continue to disregard the idea of formal institutionalised law as it was introduced by the
British. The formal legal system was unable to penetrate the unique social structure that existed
in the nation due to its top-down orientation.

Another distinguishing trait of the formal legal system is its acceptance of the adage "ignorance
of the law is no excuse," despite the fact that the vast majority of the population for whom it is
intended are not familiar with the law and its procedures. In a nation like India, where general
literacy, remains an unmet aim and where the civil society is still fighting to make the right to
education a basic right, Legal awareness is still a pipe dream for countless numbers of people.

With the exception of those who intend to become attorneys or judges and prefer to study law,
Lord Maculay's proposed education system for independent India fails to educate people about
the law and the judicial system. It was not possible to teach basic law in schools and universities
or to change the curriculum to make it more applicable and cognizant of everyday situations. As
a result, neither the legal system nor the educational system made an attempt to produce a group
of informed people, which led to the birth of a population that is ignorant of the vast legal system
in the nation.

Law holds different connotations for different set of people. The system itself works to polarise
the process, establish its own hegemony, and sustain its own estrangement from the issues facing
the average person. On the one hand, the law and its system resisted the demands and worries of
the populace, but on the other, it never permitted the populace to join the system, thereby
insulating itself from the concerns of the majority. These points demonstrate the significant
disconnect between the law, the legal system, and the average citizen and support the case for
more Legal awareness in the nation.

Programs for Legal awareness are designed to increase people's understanding of the law, dispel
myths about it and the legal system, and foster careful analysis of the issues. It is predicated on
the idea that after being given the necessary tools, people will take proactive steps to ensure that
the law is applicable and will act as social change agents. As a result, Legal awareness has
broader implications that include tactics that could be used in a larger political struggle for
justice. These programmes frequently involve simplifying legislation and making it simpler for
individuals to understand their many facets. This is accomplished by writing laws in
straightforward language, occasionally employing illustrations, photographs, and tangible things,
or by translating laws into regional tongues.

In addition to a number of them offering Legal awareness and training workshops, there are
organizations that use other forms of communication, such as the audio-visual medium, to
communicate about legal topics. The approach frequently involves disseminating fundamental
legal knowledge using audio-visual tools, print media, and dialogues. Therefore, depending on
the type of programme, duration, target audience, etc., lectures, screenings of specially prepared
films, group discussions, work, and play activities all include a component of exchanging
information. The main goal is to familiarize the populace with the fundamental concepts and
processes of law. Programs that promote Legal awareness aim to increase people's awareness of
the law so they can obtain information and make educated decisions of their choice. It helps kids
acquire knowledge so they can apply it appropriately when needed. Law should be used as a
weapon for empowering persons who are being marginalized for a variety of reasons, including a
lack of information or legal understanding. This is why legal awareness is important.

The goal is to enable individuals to use knowledge to challenge the hegemony of those who
oppress them and to advance social justice. Analyzing ideologies and politics is what it entails.
The goal of the Legal awareness programme, however, is in no way to give individuals the
impression that the law offers ready-made solutions to their issues. It is done to make it easier for
them to access and make use of the legal resources that are accessible. It is important to
comprehend both the advantages and disadvantages of the law and the legal system, not just how
to portray a situation in which everyone wins. Thus, for instance, as mentioned above, while
disseminating information on consumer rights, the gaps in the legislation's substance and
execution are also made explicit to allow the participants to critically consider the concerns. The
larger framework within which law worked, the ideologies that guide its application, and the
constraints that exist both inside and beyond the legal system are also examined.

As a result, these workshops or training programmes are not just dry legal lectures but engaging
sessions that encourage both the trainers and the trainees to share their experiences within the
current socio-legal context. These comprise sharing of experiences, a sense of something
happening around, a sense of accomplishment, and an understanding of the challenges involved
in the process rather than just the exchange of rules of law, judgments, petitions, or legal texts.
This is supported by ongoing feedback, which is also a fantastic learning opportunity for the
resource person. The process occasionally entails questioning norms, dispelling myths, and
critically analyzing societal norms and every day practices.

In addition, the function of law as a weapon for social justice and for enacting change has come
under fire from a variety of parties, including academics and activists, and this is discussed in the
training sessions as well. In order to relate rights and remedies within the larger context of rights
politics, the Legal awareness programmes aim to identify these concepts. These programmes see
justice as the overarching purpose of public policy and political endeavor, and they frame rights
within the framework of entitlements.

Instead of considering the issue as a personal dispute that can be resolved in court, the
programme seeks to address the structural barriers at a larger sociocultural and political level.
Instead than illustrating the issues as a result of participants' ignorance of the issues, it assists
them in analysing the limits within the larger structural framework and helping them find
appropriate alternatives.

The common people in our country are unaware of the statutory provisions of our country. As a
result, legal awareness helps to develop public abilities related to the law and equity framework,
thereby empowering a person with regard to issues involving the law, involvement in legal
growth, admission to equity, and so forth. Ignorance of the law is not an acceptable defence, as
stated in the Latin phrase “ignorantia juris non-excusat”. Even laypeople are subject to this
rule. A person can stand up for himself and fight against injustice in society if they are aware of
the laws and remedies available in their country.

Legal awareness or legal consciousness is the empowerment of individuals on legal issues. Legal
awareness helps people participate in the formation of law. Legal awareness supports the rule of
law, participation in the drafting of legislation, and awareness of the legal culture 12. In rural
areas, almost 70% of the population is illiterate, and even a higher proportion of individuals are
unaware of the legal rights that have been bestowed upon them. Even literate persons
occasionally lack consciousness, it has been shown13. The marginalized groups' lack of
awareness led to the deprivation of their fundamental rights, but it also prevented them from
taking advantage of government support programmes and schemes since they lacked legal
understanding.

6. CIVIL SOCIETY AND LEGAL AWARENESS

The idea of human rights education started to acquire traction in India along with the concept of
human rights, which was also supported by foreign organisations. It was believed that educating
people about human rights and legal awareness will help to increase their awareness, and as a
result, these two things may be utilised as a tool to affect social change. Thus, a number of
groups that have taken on the difficult mission of legal awareness, legal and human rights
research, and legal reform have formed across the country in recent years. Some of them are
engaged in offering legal aid and support. Others are requesting and promoting new laws.

Some people wonder why so many laws are being produced and sitting unused in government
offices and libraries while their intended recipients are ignorant of the rights that have been
established in their favour. A few organisations are creating programmes to educate both
educated and uneducated individuals about the law. A select minority of them are engaged in
"training of trainers" or the development of a cadre of "para-legals," while others have developed

12
All you need to know about the ways of spreading legal awareness in the society, available at:
https://blog.ipleaders.in/legal-awareness/ (last visited on 20th November, 2022)
13
Legal Aid Movement, available at: https://legalserviceindia.com/article/l361-Legal-Aid-Movement.html (last
visited on 20th November, 2022)
into campaigns to raise public awareness. Others are involved in educating people about various
topics, such as gender.

The goal is to make justice accessible, efficient, and effective, and the fundamental tenet is to use
the law as a tool to promote social change. Each has its own dimensions.

7. HOW TO IMPROVE LEGAL AWARENESS

A. Children and youth can be used as a target audience to spread awareness, and education is
one of the most effective tools for doing so in modern culture. A basic understanding of
the law is essential since it is becoming a requirement for participation in our society as a
result of the sharp increase in crimes, frauds, misrepresentations, illegal activities, and
violations or suppression of civil rights that ultimately lead to injustice.
Senior secondary students can benefit from education by attending interactive summer
and winter lectures because they will at least be familiar with the basics of Indian law.
It is necessary to organise seminars, workshops, exhibitions, and other events at the
university level, regardless of the students' chosen course of study, to discuss
fundamental rights, women's equality laws, environmental laws, and various government
programmes and schemes provided for the underprivileged members of our society.
Students can help elevate awareness campaigns at maximum dissemination with the
guidance of local NGOs and volunteer groups, lessening the pressure on government
organisations, law students, attorneys, and others.

B. As legal knowledge and law students may help enforce the fundamental rights of the
impoverished segment, Legal Aid Committee can carry out awareness campaigns more
successfully. At the university level, legal volunteer committees must develop a plan:
 a) First, they must travel to rural areas to gain a thorough understanding of the
issues that local residents face on a daily basis. To do this, they must engage in
direct dialogue with local residents.
b) Second, pamphlets in their native tongue that contain information such as
addresses and a contact list of the pro-bono volunteers can be given to people
with limited reading skills. This can assist someone who finds himself or herself
caught up in circumstances where his or her rights are being violated or in need
of legal assistance.
c) Thirdly, monthly surveys are an important part of any awareness programme to
monitor the plan and work upon the loopholes and make necessary adjustments
to ensure success.

C. As traditional folk media is not only firmly ingrained in our way of life but also more
dear to people's hearts, especially in large rural areas, the students can organise a monthly
street play or narrative concentrating on the rural audience in various locations. The most
common form of entertainment and communication in India for ages has been street
plays, which may be used to educate the public about their rights and inspire them to take
action.

D. People can relate to the art, especially the paintings and posters, because it accurately
captures their feelings. The volunteer organisations and local NGOs should concentrate
on producing posters and charts that reflect the struggle against racism, torture and other
forms of incarceration, over-exploitation of natural resources, and other issues, thus
promoting consumer rights, women's rights, and gender equality and inspiring people to
take action. Even an illiterate man can understand the language of art. A captivating
image with a clear, uncomplicated main message is always welcome.
 E. Weekly free medical clinics should be promoted, especially for women as they can
become more aware of the rules governing female foeticide, sex-selective abortion,
medical malpractice, and other issues.

F. To aid in the understanding of the spirit of the law by government officials, law
enforcement, and the general public, strategically placed play boards are also utilised in
public locations (such as market places, bus stops, train stations, and stations for public
transportation)14.

8. OTHER MEANS TO SPREAD LEGAL AWARENESS

Due of the drawn-out and time-consuming proceedings, people generally avoid entering
courtrooms. Delays frequently force would-be litigants to give up their case. The panel should
emphasise settling legal disputes by outlining to the audience the advantages of ADR
(Alternative Conflict Resolution) and mediation as methods of dispute resolution.

1. In order to provide quick and practical methods of contact between an attorney and his
client, legal-based mobile apps and pro-bono aid applications on smartphones need to be
highlighted. The section of people who are speech, hearing, and vision impaired can be
informed about the Android apps Mono Voix and Ear Hear, which can make it easier for
them to communicate with others. Members of the panel must be able to communicate
using sign language, and they must frequently utilise hand gestures to make these classes
more aware.
2. Information regarding sensitive topics can be shared with the aid of animated images,
examples in comics that are helpful to draw the attention of children and people.

14
Pulikuthi Il, George. Legal awareness for Social Empowerment jananeethi.org/. (last visited on 20th November,
2022)
 3. Networking (online and offline) including creating and maintaining a network of contacts
to share and disseminate information to build awareness15.

Contradictions between ideal society visions are reflected in the law. It deserves to be viewed as
a tool to effect change rather than as the final result in and of itself because it is the result of
historical social processes. It should be viewed as a component of a bigger social business with
distinct social and political elements. It is possible to think of law as a force with both
weaknesses and strengths. Monolithic views of the law invalidate its function as a tool for social
change. It is given tremendous and unwarranted authority when it is seen as sacred and
unapproachable. In fact, a legal awareness campaign may promote the idea that the law has the
capacity to legitimise new ideals and establish new norms.

The legal awareness programme is predicated on the idea that simply making individuals aware
of the law is insufficient. Their participation in the formulation, implementation, and reform
processes—both legal and social—is necessary. The main structural restrictions and hidden
agenda that must be changed to achieve legal awareness are political ideologies that support the
way in which the law is applied and social attitudes that are pervasive in society as a whole.
Structures that uphold capitalism, feudalism, and patriarchal norms that subject people to
oppression need to be altered, and raising people's awareness of the law may be an effective
means of doing so.

Legal conflicts are set in the context of more significant issues of social justice and
transformative change through a socio-political perspective. Understanding how the law works
as a tool of control has become a pillar of various human rights movements as they determine
how to formulate tactical responses with the ability to modify biased societal structures,
processes, and relations. The hegemony of the feudal powers, patriarchal systems, and strong
multinationals has been contested through the use of the legal system. Anti-coca cola struggle to
Narmada Bachao Andolan, Bhanwari devi’s struggle against feudal and political forces to tribal

15
Raising awareness through Public Outreach Programme, available at: https://www.sdgaccountability.org/working-
with-informal-processes/raising-awareness-through-public-outreach-campaigns/ (last visited on 21 st November,
2022)
women assertion to their right to forest and natural resources all have utilized law as a platform
to challenge hegemonical forces.

The legal awareness programme may therefore try to examine rights as a political tool and work
toward social change from a larger socio-political standpoint. More paternalistic approaches in
the sphere of law need to be eliminated so that right-based approaches can take their place.
Making the law the "voice of the people" or, more specifically, the "voices of the poor and the
marginalised" may be the goal of legal awareness campaigns.

Social media as a means to create legal awareness

The most potent force influencing the general population today is social media, with implications
that cut across all social classes. It has come to the point where arbitrary individuals in distant
parts of the world determine our thoughts, feelings, and responses to certain circumstances. They
also have the power to incite or stifle public indignation directed at particular acts or people. The
legal system has not been spared by the upsurge because social media has had a huge impact on
how India's legal system is shaped and changed. On the bright side, by broadcasting news,
rulings, and laws on various social media platforms, it has improved legal knowledge by
enabling more individuals to become familiar with ideas and laws/legislations that they would
not otherwise be aware of. It saves a lot of time and effort to simply visit accounts on social
media dedicated to the law in order to find the solution to a simple inquiry or doubt rather than
digging through academic texts. On the other hand, it has also resulted in the dissemination of
false information, which misleads the public16 by disseminating hoax news and causing
unnecessarily worry17.

This is the place where you should look in order to verify the legitimacy of the source, double-
check the information, and validate that it is accurate before acting on it. In order to ensure that
your source is trustworthy, you should rely on a trusted website because the information you get

16
Can People Trust and Depend on Social Media as a News Source, available at:
https://timesofindia.indiatimes.com/readersblog/world-of-words/fake-news-and-social-media-33975/ (last visited on
2-th November, 2022)
17
Akanksh Negi & Akshaya Sridhar, “Role of social media in legal awareness” 2 Indian Journal of Integrated
Research at Law
online might not give a complete and accurate picture of the law. Social media regulates popular
attitudes and knowledge to a degree that goes beyond mere speculation, and any erroneous
information has the dangerous potential of being spread to millions of people 18. The widespread
public outrage that results from crimes that are celebrated on social media platforms like
Facebook, the never-ending trolls on Twitter, the reactionary chains, and the spurts of criticism
directed at the administration, police, and government all serve as examples of the impact of
social media. The use of social media to raise awareness of current laws and influence legislative
reform has grown significantly19.

India, the greatest democracy in the world, should be aware of the need of educating its citizens
about their rights and freedoms so they can live their lives in accordance with the values of a true
democracy and the rule of law. If people are aware of the benefits that the law may provide, they
will be much more likely to accept injustices and aggressively combat them, especially if they
come from oppressed or impoverished areas. Understanding the law that has the power to alter
people's lives begins with acquiring legal literacy. Social media is the fastest approach to educate
people about the law because it is the most effective way to communicate with them. The most
powerful influence today is social media, which has wide-ranging affects on various social strata.

It has all come to the point where random individuals from other areas of the world decide on our
sentiments, responses, and responses to particular incidents: the power to provoke or limit
collective rage directed at particular events or individuals. The legal system has taken note of the
change because social media platforms are crucial in creating and updating India's legal
framework20. Most significantly, it has spread a considerable deal of legal consciousness and
allowed most people to learn about morals and laws they otherwise would not have known
through sharing news, rulings, and laws through various social networks.

18
The brave new world of social media and its impact on the law, available at:
https://www.sundayguardianlive.com/opinion/11493-brave-new-world-social-media-and-its-impact-law (last visited
on 20th November, 2022)
19
The Future of Truth and Misinformation online, available at:
https://www.pewresearch.org/internet/2017/10/19/the-future-of-truth-and-misinformation-online/ (last visited on 20 th
November, 2022).
20
Social media developments have legal implications and require a new literacy, available at:
https://journlaw.com/2018/06/19/social-media-developments-have-legal-implications-and-require-a-new-literacy/
(last visited on 20th November, 2022)
Social media is an effective instrument for increasing public awareness of current laws and
promoting their reform. Social media has indirectly increased public awareness of human rights.
In India, there haven't been any appropriate campaigns to raise legal awareness. Nevertheless, it
is clear that the legal awareness campaign launched through social media will be a success
because past social awareness campaigns had great success because people were motivated to
fight for their rights as well as learn about them.

The future direction of a nation is significantly influenced by the media. People connect with one
another through a variety of mass media, such as print, social, mass, electronic, etc.

The development of the mass media has ushered in a new era of transparency in both society and
government. The legislation requires the officials to respond appropriately when a party
approaches before they are also informed. Additionally, the media has been crucial in the fight
against corruption. All those who believed public officials were conspiring or taking bribes now
worry about being discovered. The expansion of the media has been advantageous for the courts
and tribunals. Any criminal activity can be published on social media in a matter of seconds, and
in a free-media setting, such an event can easily draw in thousands of participants.

In situations when no evidence is available or where a witness has changed their mind owing to
their own interests or fear of force, the perpetrator may be punished using photographs, video
clips, audio clips, or any combination of these. Nowadays, there are more sting operations, which
make it simpler to collect criminal evidence. Press freedom and political freedom are related to a
nation's progress21. The most urgent concerns in this line of work are press freedom and
journalist safety. A journalist cannot work in dangerous conditions because of the fear of losing
his or her life or freedom. Such situations must be prevented at all costs. When reporting on
breaking news in unstable places media personnel must be safeguarded and in a secure
environment. If this is the case, then the usage of free and open media will benefit society.

21
Legal Awareness in India: Need of the hour and strategy to spread legal awareness, available at:
https://www.legalserviceindia.com/legal/article-6633-legal-awareness-in-india-need-of-the-hour-and-strategy-to-
spread-legal-awareness.html (last visited on 20th November, 2022)
 II. LEGAL EDUCATION

“Legal education is distinct to other streams of education due to its significant

contribution to society and national integration”.

1. EVOLUTION OF LEGAL EDUCATION IN INDIA

Manusmriti, narrating the importance of law states that, “King also is bound to obey the law.” In
ancient India, there was a thorough legal framework. Education in law has its roots in the Vedic
era. Protecting dharma was the king's primary responsibility. Beginning with Ashoka, kings
adopted the title Dharmaraja, which was one of the names of "Yama," the God of Death. Yama,
as well as the king, upheld the holy rule by chastising the wicked and praising the good. Karma
and dharma were every person's fundamental principles, notwithstanding the absence of formal
legal instruction. Self-taught knowledge in karma-related topics was acquired. The kings either
served as judges and assessors directly or designated them to do so. The Smritikars were
outstanding judges. Mediation, bargaining, and some kind of arbitration were used to resolve
legal problems.

The Emperor served as the head of the judiciary throughout the Mughal era. Islamic law is seen
as unalterable by any human agency because it is derived from the Quran. Akbar's standard
instructions said that the judges (Mir-i-Adal and the qazis) should use every means at their
disposal to learn the facts of the matters that are in question and should not settle for witnesses
and oaths but rather pursue them through several enquires. During the British era, formal legal
education was first imparted. With the founding of courts in Madras, Bombay, and Calcutta in
1726, the legal profession was established.

The work of Lord Cornwalli that is most known was in the area of criminal justice. Through his
Judicial Plans of 1787, 1790, and 1793, he made modifications to the legal system. There were 6
Circuit courts created. To hear criminal cases, the court travelled from district to district within
each division. There are Mofussil Diwani Adalats. For the first time, the legal profession gained
acceptance and impetus. To qualify as a pleader, one had to possess legal expertise. The Vakil
fee schedules were outlined in the Bengal Regulation of 1793. The Legal Practitioners Act was
amended appropriately in 1853 and 1879.

The Bar Council Act of 1926 was enacted to establish the High Courts Bar Council. It includes
comprehensive rules for both professional misbehaviour and the enrollment and admission of
advocates. 8 The Regulating Act of 1773 significantly altered how justice was administered. In
Calcutta, a Supreme Court was founded. The Supreme and Sadar Courts were combined under
the Indian High Courts Act of 1861, and separate High Courts in Calcutta, Madras, and Bombay
were founded. This created a pressing need for qualified attorneys and signalled the start of
organised legal education in India. By 1855, law programmes had been established in Madras,
Elphinstone College in Bombay, and the Hindu College in Calcutta 22. Following that, a number
of colleges were established to provide legal education in order to prepare judicial officers and
practising attorneys for inferior courts. In Punjab province, formal legal education in northern
India was first introduced in 1868. To train the police force in the State of Travancore,
vernacular law classes were held in 1874. The judge of the Sadar court was appointed as a
professor of law, and the same was transformed into a law school.

Legal Education in Post-Independent India

According to the Indian Constitution, it is the responsibility of the Central Government to set
standards for higher education. Under entry 66, List I of the 7th Schedule, the Union
Government is responsible for matters pertaining to higher education standards. However, List
III, which gives the Union and the States concurrent legislative authority, includes education.
List III includes the legal profession as well as other professions (Entry 26) 23. However, in
addition to its exclusive authority over educational institutions of national significance,
professional, vocational, or technical training, and the promotion of specialised studies or
research, the Union is also given the authority to coordinate and set standards in institutions for
higher education or research as well as scientific and technical institutions.

22
M.P Jain, Outlines of Indian Legal History (Wadhwa and Company, 2004), p.696
23
Education including technical education, medical education and universities subject to the provisions of
entries 63, 64, 65 and 66 of List I
According to Article 30(1) of the Constitution, all minorities, regardless of their basis in
language or religion, are entitled to create and run educational institutions of their choosing. It
also covers professional education 24. By building top-notch law schools and encouraging legal
research, the Bar Council of India Trust was established in 1974 as a public charitable trust by
the Bar Council of India with the goals of upholding the legal profession's professional standards
and enhancing legal education. A thorough suo moto study of the organisation and rules
governing professional legal education was conducted by the Law Commission of India for its
184th Report (2002), which made recommendations for the reinstatement of training and
examinations by the Bar Council of India.

According to the Commission, the BCI and UGC must introduce accreditation and quality
assessment of law schools nationwide in order to foster a competitive environment. The
Commission believes that there is an urgent need to reinstate the appointment of retired judges
and attorneys as adjunct teachers on a part-time basis25.

The Bar Council of India established a Directorate of Legal Education in 2010 for the purpose of
organizing, running, conducting, holding and administering:

a) Continuing Legal Education;

b) Teachers Training;
c) Advanced Specialized Professional Courses;
d) Education Program for Indian Students Seeking Registration After Earning a Law
Degree from a Foreign University;
e) Seminar and Workshop;
f) Legal Research; and
g) Any Other Assignment

The Bar Council also established its first Curriculum Development Committee (CDC) to assist
universities and other organisations in creating the course structures for various courses in law

24
PA Inamdar v. State of Maharastra, AIR 2005 SC 3226
25
184th Report of Law Commission of India (2002), The Legal Education & Professional Training and Proposals
for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956.
and related fields. The Committee has placed a strong emphasis on the independence of the
faculty in planning and teaching the University's courses.

The Advocates Act, 1961, which brought uniformity to the system of legal practitioners in the
form of Advocates and provided for the establishment of the Bar Council of India (BCI) 26 and
State Bar Councils in the States, was enacted by the Parliament, which was given the authority
by the Constitution to legislate in respect to the legal profession 27. According to the Act, a law
graduate is someone who has earned a bachelor's degree in law from any institution recognised
by Indian law28.

The Bar Council of India has the authority to establish a minimum academic standard as a
prerequisite for beginning legal studies29; to recognise universities whose law degrees will be
accepted as a requirement for enrollment as an advocate; and to visit and inspect universities
with that intent30. A Legal Education Committee was also constituted by the BCI in accordance
with the Act's provisions. Despite the committee's solely academic purpose, it only has one
member who is affiliated with academics. The Act also gives the BCI the authority to create
regulations that may specify the legal education standards31 that Indian universities must adhere
to and the inspection of universities for those purposes.

The Bar Council of India Rules, 2009's Part IV is dedicated solely to legal education. It also
specifies a specific curriculum for practical training and a split of internal and external
evaluations. It also mandates a detailed list of courses to be taught in the classroom and during
internships. In Bar Council of India v. Board of Management, Dayanand College of Law32, it was
decided that the Recommending Authority and the State Government must follow the Advocates
Act's and BCI norms when appointing a Principal of a Law College. Therefore, it is evident that
a candidate seeking enrollment as an advocate must meet the requirements outlined in the
applicable Rules.

26
Advocates Act, 1961, S.4.
27
O.N. Mohindroo v. Bar Council of India, AIR 1968 SC 888
28
Advocates Act,1961, S.3
29
Advocates Act,1961, S. 2(h)
30
Bar Council of India v. Aparna Basu Mallick, 1994 SCC (2) 102
31
Advocates Act, 1961, Section 10 (2) (b)
32
(2007) 2 SCC 202
The age of 45 years for enrollment was found to be arbitrary and unreasonable in Indian Council
of Legal Aid and Advice v. Bar Council of India33, violating the principle of equality entrenched
in Article 14 of the Constitution. Pre-enrolment exams were a topic of discussion in Sudeer v.
Bar Council of India34. The Supreme Court noted that the legislature did not deem it appropriate
to grant the State Bar Councils the authority to specify any pre-enrollment training or
examination that a candidate for enrolment as an Advocate on the State roll must undergo.

Role of the University Grants Commission in Legal Education

There was a big discussion about higher education uniformity at the time of independence. The
Chairman of the University Education Commission in 1948, Dr. S. Radhakrishnan, made
suggestions for enhancements in legal instruction as well. According to the report, "We think
that a degree course in either the arts or sciences should be a pre-requisite and that this should be
followed by three years of study for the bachelor of laws, with the last year being devoted to
practical applications, like reading in advocates' chambers and learning the art and becoming
familiar with courtroom procedures, and the like." The University Grants Commission Act,
1956, which formed the UGC as a legislative entity, was passed in November 1956. It was
established to coordinate and advance university education.

The preamble of the UGC Act, states that the Act is intended “to make provisions for the
coordination and determination of standards in Universities.” Furthermore, Section 12, which
deals with Functions of the Commission, states that “it shall be the general duty of the
Commission to take, in consultation with the Universities or other body concerned, all such steps
as it may think fit for the promotion and co-ordination of the University education and for the
determination and maintenance of the standards of teaching, examination and research in
Universities.” The Supreme Court has also emphasized the role of UGC in “shaping the
academic life of the Country” and its “duty to maintain high standards in the Universities.” From
the forgoing discussion it is clear that the UGC is the preeminent body charged with the
responsibility of determining and maintaining standards of education in Universities.

33
1995 SCC (1) 732
34
(1999) 3 SCC 176
Ambiguous Regulatory System: BCI v. UGC

However, the respective bounds of the UGC, the BCI and Universities themselves in terms of
their role in regulating legal education have not been drawn out clearly leading the First National
Consultation Conference of Heads of Legal Education Institutions (2002) to observe:

“The regulatory structure for legal education in India is currently seriously flawed and needs
careful reconsideration. A typical law college has four masters at a minimum: the University to
which it is affiliated; the State Government, the UGC and BCI. These four agencies have varying
mandates, interests and constituencies and do not provide coherent guidance for the
improvement of legal education in the Country.”

In the absence of specialized body that is explicitly entrusted with the task of regulating legal
education, there is naturally a great deal of confusion about the scope of the BCI’s powers in this
regard, and the validity of many if its actions.

Many have accused BCI of overstepping its mandate. The Report of the Working Group on
Legal Education constituted by the National Knowledge Commission claims that the BCI’s
Rules, Circulars and Regulations relating to aspects of legal education other than the entry into
the Bar are beyond the scope of permissible delegated legislation and therefore invalid. The first
National Consultation Conference of Heads of Legal Education Institutions (2002) likewise
wanted the BCI to concern itself only with the minimum standards necessary for entry into the
Bar. It desired the BCI to be “responsible only for regulating the entry into the legal profession
and maintenance of professional standards rather than for legal education.

According to Section 53 of the Draft Rules of Legal Education, 2019, “Any resolution passed
earlier by Bar Council of India / Legal Education Committee inconsistent with these rules shall
not bind the Bar Council of India and all other bodies constituted in pursuance of the Advocates
Act 1961, after these rules come into force. The decision taken by Legal Education Committee,
Directorate, Board or any other authority under these Rules, shall be given effect only after
getting the approval of Bar Council of India.”
Thus, it is clear BCI rules (Draft Rules of Legal Education, 2019) don’t have overriding effect
over the Rules of UGC & other Universities’ rules. It has override effect only over previous rules
of BCI in respect of legal Education.

Though, some rules made by Bar Council of India in respect of legal education, have overriding
effect & supersede the Rules of UGC & other Universities’ rules. Some of the rules made by BCI
under Draft Rules of Legal Education, 2019, which have such overriding effect are:

1. Section 3(a), which states that, “The State Bar Council shall enrol only such applicants
who have passed the degree in Law from a recognized University and an affiliated Centre
of Legal Education approved by Bar Council of India.”

2. Section 5 of this Act, which states that, there shall be two professional law courses
leading to Bachelors’ Degree in Law as defined in clause-(vi) (a) & (b) of Rule 2”

3. Section 6 of this Act, which lays down the eligibility criteria for admission in law school,
must be fulfilled, and no university can deny the said criteria and admit a student.

4. Section 7 of this Act, which says that, no person, whatsoever shall enroll himself for two
regular courses of study, is an absolute rule under this Act, and must be followed by all
the Universities.

5. Section 13 of this Act, which prohibits lateral entry or exit in the integrated degree course
and also says that, no University shall split the integrated degree course into two degrees
at any intermediary stage.

6. Section 14 of this Act, is also very important for the purposes of imparting legal
education, and it is also an absolute provision, which must be followed by all the
universities. It lays down the minimum Qualification for applying for teaching
assignment in a Recognized University or an approved Centre of Legal Education for a
professional law degree program.

7. Section 18 of this Act, lays down the conditions for a University to affiliate a Centre of
Legal Education, which is very important provision and absolute in nature.
National Education Policy, 2020 AND Legal Education

One of the most significant aspects of higher and professional education in India has traditionally
been the study of law. The Bar Council of India and the University Grants Commission both
started to regulate legal education when the Advocates Act, 1961, was passed. The development
of national law schools and universities has given legal education in India a more high-quality
form.

Nearly all of India's states have built national law universities in recent years to provide high-
quality legal education, but the status of government-run universities and colleges has drastically
declined. Numerous private universities and law schools that are linked with larger universities
also offer legal education. The National Education Policy, 2020 has provided a certain
framework to be adopted by all centers of legal education like:

1. Legal education needs to be competitive globally, adopting best practices.

2. Legal education must be embraced with new technologies for wider access to and
timely delivery of justice.

3. Legal education must be informed and illuminated with constitutional values of

justice – social, economic, and political.

4. Legal education must direct towards national reconstruction through

instrumentation of democracy, rule of law, and human rights.

5. The legal education curriculum must reflect socio-cultural contexts emphasizing

the history of legal thinking, principles of justice, and practices of jurisprudence.

6. Legal education in State institutions must consider offering bilingual education

for future lawyers and judges in English and in the language of the state where the
legal institution is established.

Legal teaching, legal research, and many administrative fields are all included in the professional
training needed to practise law in courts of law. Since it is everyone's responsibility to be aware
of the law, ignorance of it cannot be justified. The Bar Council of India has the authority to
control and uphold the standards of legal education in India under sections 7 and 49 of the
Advocates Act. Law is a tool for social change, so the new National Education Policy, 2020 has
provided a set of tenets for legal education that are crucial for our legal professionals to adopt in
the twenty-first century in order to make them globally competitive.

The NEP, 2020's biggest challenge is for National Law Universities, which operate under the
laws of various states, are regarded as centres of excellence, and are independent higher
education institutions, to figure out how to implement and promote multidisciplinary approaches
and research while transforming uni-disciplinary universities into multidisciplinary knowledge
hubs. State universities and prestigious private universities that provide multidisciplinary courses
and courses with a choice-based credit system will profit from the new multidisciplinary
approach (CBCS). To ensure that the Multidisciplinary method is used at National Law
Universities without compromising the standard of legal education and that they become
Multidisciplinary research centres with centres of excellence, UGC and the BCI must tackle the
issue seriously.

The bar council of India along with UGC is playing a very dynamic role in shaping legal
education in India. BCI from time to time issues new directives to be followed in the legal
curriculum for its up-gradation. Recently it has directed that all centers of legal education shall
have to incorporate two new subjects from academic sessions 2020-21 namely,

(1) Mediation and Conciliation and

(2) Defense studies, which is very important for minimizing the litigation and for national
reconstruction.

BCI has to redesign the whole legal curriculum as stated in the new education policy so that it
should create more employment opportunities for law students apart from courtroom practice and
it should focus on value-based education. The National Education Policy, 2020 will establish
India as a major educational destination as it provides much flexibility to the students in
choosing their courses and shaping their future where they can take challenges of the global
world and which makes them legally aware, conscious, and legally literate in the present fast-
moving progressive digital regime35.

2. LEGAL EDUCATION AS A TOOL FOR SOCIAL CHANGE

It was an American Judge named Benjamin Cardozo who said that law should not be viewed as a
definite instrument trying to bring in social change but as a flexible instrument of a necessity to
bring in the welfare of the society. In Shri Bajrang Vidhyalaya Samati vs. State of Rajasthan 36,
it was said that the state has a responsibility to ensure that a certain level of education is achieved
in the state. One of the obligations levied on the Bar Council of India by the Bar Council of India
Act is to ensure that legal education is imparted while maintaining those standards.

Law has numerous functions in society. It is a tool for controlling human behaviour, a tool for
radically altering society, and the first signs of that alteration show up in the law. In other words,
the law changes society at the same time that society's standards change. Courts of law shape the
construction given to the law, which is also open to several interpretations. Therefore, the
judiciary assigns a meaning to it by purposeful interpretation in order to further the overall
objective of providing justice. The development and upkeep of a just society is a topic that is
covered in the legal education along with fundamental beliefs, ideologies, critiques, and tools.
Thus, it concerns with ‘justice in society’ and ‘just society’ and differentiates legal science from
other social and human sciences.

Education is the instrument through which a free and reasoned mind is given atmosphere of
creativity and grown. Since education's inception, accessibility and availability issues have
existed, particularly with regard to legal education. Economic class, cultural background, and
societal values are only a few of the variables that have an impact on access to education. State
concern for education quality is especially important when it comes to legal education. Law is a
35
Legal Education in India : An Uncertain venture, available at: https://indianlawportal.co.in/legal-education-in-
india-an-uncertain-venture/ (last visited on 20th November, 2022)
36
Writ Petition No.7267/2005
tool for transforming society's evils, and legal education impacts how people feel about those
evils. Taking child marriage and mob lynching as examples. These two challenges, which the
law has chosen to solve, also had a social component, therefore legal education has the potential
to permanently alter the social ethos.

In a democratic society like ours, the value of legal education is well known. Law-abiding
citizens, who in turn require a proper comprehension of the law, are absolutely important for a
society to function in order. The ability to interpret written language and have a keen
comprehension of a wide range of topics is sharpened by having a working knowledge of the
law. It also encourages the appropriate way to think and communicate ideas accurately, helps in
debates, and aids discussions. History has shown that India had a complex and extensive legal
system even during the Vedic era. The study, research, and dedication required for the practice of
law are of the highest calibre. Law is one of the most dynamic subjects of the world.

Given the current state of the world, today's dynamic society needs exceptional jurists, judges,
and lawyers with the professional skills necessary to direct democracy's regulatory process. A
lawyer is thought of as a social architect who has been expressly appointed to carry out his
responsibility during others' times of need. The standard of the judicial system, as well as the
administration of justice and governance at all levels, is inevitably impacted by the quality of
legal education.

In light of the shifting global landscape, today's dynamic society needs exceptional jurists,
judges, and lawyers with the professional skills to lead democracy's regulatory process. A lawyer
is thought of as a social architect who is uniquely appointed to carry out his role during a time of
need for others who require his assistance. Inevitably, the standard of the judicial system, the
administration of justice, and governance at all levels will be impacted by the standard of legal
education.
 III. CONCLUSION

The concept of legal education is broad. It encompasses the profession that is exercised in a court
of law, as well as administration in several fields where law is essential. It promotes equality
before the law. The calibre and standard of the legal education received in law school are
reflected in the bar and bench. If one is aware of state issues, one is more equipped to understand
the law. In a democratic society, the value of legal education cannot be overstated. Everyone has
a responsibility to be aware of the law. Law-related ignorance is not an excuse. As a result, legal
education not only builds effective lawyers but also law-abiding individuals with respect for
human rights. In a democracy in transition like India, legal education may have multiple goals.
They are: influencing beliefs and attitudes, understanding one's society's problems, and
developing views. To produce various types of knowledge and abilities required for societal
activities, to increase opportunity and mobility across society, especially for marginalised
populations and to conduct research that is beneficial to education and society using educational
resources.
 IV. BIBLIOGRAPHY

Websites and Journals

1. Law and Social Change, available at:

http://www.legalservicesindia.com/article/1171/Law-And-Social-
Change.html#:~:text=Law%20as%20a%20means%20of,important%20agency%20of
%20social%20control

2. How can Law be used as an instrument for creating social change, available at:
https://blog.ipleaders.in/can-law-used-instrument-creating-social-change/

3. Bhavana Bharbude, 'Importance of Legal Literacy In Growth and Development of India',

Academia edu, available at:
https://www.academia.edu/7627860/Importance_of_Legal_Literacy_In_Growth_and_De
velopment_of_India

4. Nirmalya Chaudari, 'Towards complete legal literacy', THE HINDU, available at:
https://www.thehindu.com/opinion/open-page/towards-complete-legal-literacy/
article30479979.ece

5. Akanksh Negi & Akshaya Sridhar, “Role of social media in legal awareness” 2 Indian
Journal of Integrated Research at Law

6. The brave new world of social media and its impact on the law, available at:
https://www.sundayguardianlive.com/opinion/11493-brave-new-world-social-media-and-
its-impact-law

7. The Future of Truth and Misinformation online, available at:

https://www.pewresearch.org/internet/2017/10/19/the-future-of-truth-and-
misinformation-online/

8. Legal Awareness in India: Need of the hour and strategy to spread legal awareness,
available at: https://www.legalserviceindia.com/legal/article-6633-legal-awareness-in-
india-need-of-the-hour-and-strategy-to-spread-legal-awareness.html

9. Social media developments have legal implications and require a new literacy, available
at: https://journlaw.com/2018/06/19/social-media-developments-have-legal-implications-
and-require-a-new-literacy/

10. Pulikuthi Il, George. Legal awareness for Social Empowerment jananeethi.org/.

11. Raising awareness through Public Outreach Programme, available at:

https://www.sdgaccountability.org/working-with-informal-processes/raising-awareness-
through-public-outreach-campaigns/ (last visited on 21st November, 2022)
 12. All you need to know about the ways of spreading legal awareness in the society,
available at: https://blog.ipleaders.in/legal-awareness/ (last visited on 20th November,
2022)

13. Legal Aid Movement, available at: https://legalserviceindia.com/article/l361-Legal-Aid-

Movement.html (last visited on 20th November, 2022)

14. Report of the Special Rapporteur on extreme poverty and human rights page 6 from Note
by the Secretary General on Extreme poverty and human rights for UNGA 67th session
A67/278 Distri:General 9 Aug 2012.

15. Shalini Sharma, 'Legal Literacy Growing Need of the Society' (SJIF, Oct 2016)

16. Programme Management Unit CSC e-Governance Services India Limited, “Legal
Literacy Project”, Prepared by CSC e-Governance India Ltd under the Access to Justice
(NEJK) project of Department of Justice, Ministry of Law and Justice, GoI, available at:
https://doj.gov.in/sites/default/files/English_final_1.pdf

17. Editorial, “Absence of legal awareness root cause of rights' deprivation”, Business
Standard, (August 18, 2019), available at: https://www.business-standard.com/article/pti-
stories/absence-of-legal-awareness-root-cause-of-rights-deprivation-
119081800664_1.html

Books

1. M.P Jain, Outlines of Indian Legal History (Wadhwa and Company, 2004)

Reports

1. 184th Report of Law Commission of India (2002), The Legal Education & Professional
Training and Proposals for Amendments to the Advocates Act, 1961 and the University
Grants Commission Act, 1956

Cases Referred

1. State Of Maharashtra v Manubhai Pragaji Vashi

2. Shri Bajrang Vidhyalaya Samati vs. State of Rajasthan
3. Bar Council of India v. Aparna Basu Mallick
4. O.N. Mohindroo v. Bar Council of India