Lehal History Done

LEGAL EDUCATION IN INDIA
CHANAKYA NATIONAL LAW

UNIVERSITY,pATNA
FINAL DRAFT: LEGAL HISTORY
TOPIC: SCOPE OF LEGAL EDUCATION IN INDIA
SUBMITTED TO:
DR. PRIYA DARSHINI
FACULTY OF LEGAL HISTORY
SUBMITTED BY:
UJJWALSINGH PARIHAR
ROLL NO.- 2825
BBA LL. B (Hons.)
2 SEMESTER
1
ACKNOWLEGEMENT
The researcher takes this opportunity to express his profound gratitude and deep regards to his
guide Dr. Priya Darshini for his exemplary guidance, monitoring and constant encouragement
throughout the course of this thesis. The blessings, help and guidance given by him time to
time shall carry the researcher a long way in the journey of life on which the researcher is about
to embark.
The researcher is obliged to staff members of Chanakya National Law University Patna, for the
valuable information provided by them in their respective fields. The researcher is grateful for
their cooperation during the period of his assignment.
Lastly, the researcher would like to thank almighty, his parents, brother, sister and friends for
their constant encouragement without which this assignment would not be possible.
THANK YOU,
UJJWALSINGH PARIHAR
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DECLARATION
I hereby declare that the work reported in the B.B.A. LLB (Hons.) project report entitled
“SCOPE OF LEGAL EDUCATION IN INDIA” submitted at Chanakya National Law

University
Patna, is an authentic record of my work carried under the supervision of Dr, Priya Darshini I
have not submitted this work elsewhere for any other degree or diploma. I am fully responsible
for the contents of my project report.
UJJWALSINGH PARIHAR
Chanakya National Law University
TABLE OF CONTENTS
ACKNOWLEGEMENT.................................................................................................................... 2
3
DECLARATION .............................................................................................................................. 3
1. INTRODUCTION........................................................................................................................ 5
1.1 AIMS AND OBJECTIVES..................................................................................................... 7
1.2 RESEARCH METHODOLY.................................................................................................. 7
1.3 SOURCES OF DATA ............................................................................................................ 7
1.4 LIMITATIONS ...................................................................................................................... 7
1.5 MODE OF CITATION ........................................................................................................... 7
2. Historical development of legal education .................................................................................... 8
2.1 Legal education in ancient India.............................................................................................. 8
2.2 Legal education in colonial era ............................................................................................... 9
2.3 Legal education in British period .......................................................................................... 10
2.4 Legal education in Independent India .................................................................................... 11
3. Present status of legal education ................................................................................................. 13
3.1 Role of Government ............................................................................................................. 14
3.2 Role of Bar Council of India ................................................................................................. 15
3.3 Role of university grants commission ................................................................................... 15
3.4 Role of supreme court ........................................................................................................... 16
4. Nature of legal education ............................................................................................................ 18
4.1 Importance and Regulations of legal education ..................................................................... 18
4.2 Aims of legal education ........................................................................................................ 20
4.3 Objectives of legal education ................................................................................................ 22
5. Reforming attempts for revamping of legal education ................................................................. 22
5.1 Reform in legal education ..................................................................................................... 23
5.2 [A] 184TH Report of the Law Commission of India............................................................... 24
5.3 [B] National Knowledge Commissions’ Report ..................................................................... 24
6. Establishment of NLUs .............................................................................................................. 25
7. Challenges in imparting Legal Education in India ....................................................................... 26
8. Conclusion & Suggestions ........................................................................................................... 27
9. BIBLIOGRAPHY ....................................................................................................................... 30
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1. INTRODUCTION
“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.
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 can also be said as a preparation for the practice of law.
Legal education includes either an undergraduate or graduate level first degree in law which
varies depending on the country, Vocational courses, Specific studies in branches of law like
Family Laws, Labor Laws, Business and Commercial Laws, Property Laws, Cyber Laws, etc.
and also higher academic degrees and doctorate. Instruction in law has been offered in
universities since medieval times, but, since the advent of university-based law schools in the
18th and 19th centuries, legal education has faced the challenge of reconciling its aim of
teaching law as one of the academic disciplines with its goal of preparing persons to become
members of a profession. Most law schools have tried to find a middle path between being a
mere trade school and being a citadel of pure theory. Unfortunately, the criticism is sometimes
made that these efforts result in a type of education that is not practical enough to be genuinely
useful in resolving day-to-day legal problems but yet not as rigorously theoretical as a truly
academic discipline ought to be.2 Legal Education shall meet the growing demands of the legal
service market. Globalization shall be borne in mind and lawyers skilled in dealing with
different legal systems and cultures created. Emphasis shall be on theoretical as well as
practical skills to match the requirements of expanding world of legal practice. Legal skills
5
including negotiation, research, counseling, advocacy, research publications, and analysis of

judicial decisions shall be imparted. Legal education in India is offered by the traditional
universities and the specialized law universities and schools only after completion of an
undergraduate degree or as an integrated degree.
Law, legal education and development have become inter-related concept in modern
developing societies which are struggling to develop into social welfare and are seeking to
ameliorate the socio-economic condition of the people by peaceful means. The same is true for
India. It is the crucial function of legal education to produce lawyers with a social vision in
developing country like India. However, the legal education in modern times is not confined
to production of practicing lawyers alone. Today its scope and ambit has got widen up and its
impact is felt in every sphere of human life. The law begins a tool for social engineering, legal
education can be regarded as an instrument for the social design.
For any society, ripening of civilization is attributed through the social consciousness of the
significance of law. The history of our own independence movement, if impartially written,
will devote more pages to lawyers than to the votaries of any other vocation. It is well accepted
proposition that the Profession of Law is a noble calling and the members of the Legal
Profession occupy a very high status.1
Since Law is the foundation of every society or a nation, Legal Education of the people is a
sine qua none. Legal Education does not only create law-abiding citizens, but also produces
brilliant academicians, visionary judges, astounding lawyers, and awe-inspiring jurists. Since
law is a means for social changes and economic progress, since these four classes of men acts
as catalyst for the growth of the society, the creation of these four groups of men should be the
aim of the Legal Education.
The policy of legal education should be moulded in tune with the rapid contemporary changes
occurring as a result of scientific and technological developments, especially by expansion of
software technology.
1
Iyer, Krishna V.R. “the social dimensions of law and justice in contemporary India – dynamics of a new
jurisprudence”, p.1.
6
Legal education in India generally refers to the education of lawyers before entry into practice.
Legal education in India is offered by the traditional universities and the specialized law
universities and schools only after completion of an undergraduate degree or as an
integrate degree. Legal education derives its impetus from the economic, social and political
set up of the society. Legal education is a human science which furnishes beyond techniques,
skills and competences the basic philosophies, ideologies, critiques, and instrumentalities for
the creation and maintenance of a just society.
1.1 AIMS AND OBJECTIVES
The researcher wants to study (in brief) about the legal education in India.
The researcher wants to study (in brief) about the impact of legal education in
India.
The researcher wants to study (in brief) about the limitations of legal education
in India.
1.2 RESEARCH METHODOLY

For the project research, the researcher will rely upon doctrinal method of research.
1.3 SOURCES OF DATA

The researcher will be relying on secondary sources to complete the project.
SECONDARY SOURCES- books, newspaper, websites.
1.4 LIMITATIONS
The researcher has time as well as territorial limitations in completing the project.
1.5 MODE OF CITATION

The researcher will follow BLUE BOOK (9TH EDITION) for completing the project.
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2. Historical development of legal education

The history of law links closely to the development of civilization. Ancient Egyptian law,
dating as far back as 3000 BC, contained a civil code that was probably broken into twelve
books. By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first
law code, which consisted of casuistic statements. The Old Testament dates back to 1280 BC
and takes the form of moral imperatives as recommendations for a good society. Roman law
was heavily influenced by Greek philosophy, but its detailed rules were developed by
professional jurists and were highly sophisticated. Latin legal maxims were compiled for
guidance. In medieval England, royal courts developed a body of precedent which later became
the common law. The Napoleonic and German Codes became the most influential. In contrast
to English common law, which consists of enormous tomes of case law, codes in small books
are easy to export and easy for judges to apply. 2
The ancient Romans had schools of rhetoric that provided training useful to someone planning
a career as an advocate, but there was no systematic study of the law as such. During third
century BCE, Tiberius Cornucopias, the first plebeian pontifex maximus (chief of the priestly
officials) gave public legal instruction, and a class of jurisprudents (nonpriestly legal
consultant) emerged.3
2.1 Legal education in ancient India.

There was an intricate and comprehensive legal system in ancient India. The concept of legal
education in India goes back to the Vedic age when it was based on the concept of Dharma.
Though there was no formal education to impart law, which can be understood as such law
there was Karma and Dharma was the basic grandeur for every living individual. Training was
self-acquired in matters connected with Karma. The kings either used to dispense justice
themselves or appoint Judges and assessors to administer justice.
2
http://en.wikipedia.org/wiki/law, visited on 3.09.2019 at 10.00p.m.
3
Gledon , mary ann gledon is the learned hand professor of law at Harvard university and president of the
pontifical academy of social sciences.
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However, there is no hint of any formal legal education offered at that time the training in law
was self-learning and mostly the kings themselves dispensed justice. Occasionally, judges were
appointed to administer justice. These judges were not formally trained in administration of
justice but were well known for their ―righteousness and justness‖ and for
following Dharma. The Vedas were the original sources of law, and the Smiritis announced the
message of the Vedas. The Smritikars were great jurists, which were considered most ancient
expositions on law. Dharma being the central idea of the Hindu religion, separate training akin
to modern legal education was not felt to be necessary. During the ancient period, legal disputes
were settled by mediation, negotiation and some form of arbitration. Thus, what we perceive
to be modern alternative dispute resolution mechanisms were the usual methods for resolving
dispute in ancient India. Further, the law was believed to be very clear to all, requiring no
complex human interpretation. Thus, there can be no doubt that parties to a dispute in ancient
Hindu law had a right to represent but such representatives do not appear as independent trained
third persons corresponding to the Advocates, Vakil.
Therefore, in absence of a need for trained legal professionals, there was no institutionalization
of legal education as a separate branch but the same could be said to have been imparted as a
part of general education which revolved around the notion of Dharma. Life in India during
this period was simple and the form of judicial procedure was less complicated than that of
western countries.
2.2 Legal education in colonial era.

The Mughal period in India began with the invasion by Babar in 1525 and extended till the
ascendancy of British dominion in India. During this period the Emperor was the head of
the judiciary. As Islamic jurisprudence is derived from the Quran, it is treated as immutable
by any human agency. Further, the Sunna, which helped in explaining the Quran also
became a major source.
A system of courts, following formal procedures, to adjudicate criminal and civil cases,
came to be established with Mughal rule. The adoption of rules of evidence, introduced
further complexities in administration and seeking of justice. These changes in the legal
system necessitated the involvement of legal experts, who were addressed as Vakils. Also,
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two Mughal Codes, the Figh-e-Firoz Shahai and the Fatwa-eAlamgiri were adopted to deal
with the duties of Vakil.
Thus, legal professionals began to play an important role in the administration of justice.
Though the Mughal legal system was extended mostly to the towns, in religious matters,
disputants were allowed to settle their disputes in accordance with their religious, including
Hindu, customs. Further, at the village level, Panchayats continued to exercise their powers
to adjudicate on most disputes except those involving serious crime. However, an
unsatisfied party could prefer an appeal from the decision of the Panchayat before the court
established under the Mughal law. Thus, legal assistance became increasingly necessary as
the administration of justice became more complex. Further, such situation also meant that
disputants without sufficient financial resources were placed in disadvantageous situation.
Though a system of third-party representation was formalized in Mughal era, people who
could function as such representatives do not appear to have the required specialized legal
education and there is no evidence of formal legal education system.
2.3 Legal education in British period.
The pattern of Legal Education which is in vogue India today was transplanted by the
Britishers after the establishment of the English rule in the Country. It was in the year 1857
that a step was taken in the direction of imparting formal Legal Education in the country.
The modern Indian legal profession dates from British rule with the establishment of law
courts in Madras, Bombay and Calcutta in the year 1726. Meanwhile, the establishment of
three Universities set up in the cities of Calcutta, Madras and Bombay formally introduced
Legal Education as a subject for teaching. This was the beginning of formal, legislative
legal education in India.
However, long back with an establishment of the Supreme Court in Calcutta in 1774, there
was an acute need for the trained lawyer. Hence the Asiatic Society was founded with an
initiative of Sir William Jones, Judge of the Supreme Court. Thereafter several colleges
were started and affiliated to impart legal education so as to prepare practicing lawyers and
judicial officers for the subordinate courts.
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The formal legal education in northern India, was first ever been started in the province of
Punjab in 1868 at Anjuman-I-Punjab, later on which was taken over by the Punjab
University in 187015. In 1874, vernacular classes in law were held to train the police
personnel, the State of Travancore. The same got converted into law school and the judge
of the Sadar court has been appointed as a professor of law. Thereafter, several Law
Colleges were established in the remaining parts of India. However, there was no uniform
pattern of legal education in the country. Nevertheless, the purpose of university legal
education was just to impart knowledge of certain principles and provisions of law rather
than teaching law as a science or an independent branch of learning.
During these periods, i.e. before an independence of several codifications have been found,
governing the quality and conditions of the legal practitioner. The Regulation Act, 1772
recognized for the first time the legal profession in India. Thereafter, it was codified in
Bengal Regulation-Vll of 1793, prescribing the scales of fee to be charged by the Vakils. It
was further modified by the Legal Practitioners Act, 1846 as a subject to regulate both the
Vakils and Barristers. The Legal Practitioners Act, 1853 and 1879 made suitable
amendments. The Bar Council Act, 1926 was passed to unify the Bar in India and to give
legal profession measured autonomy in its affairs wherein the State Bar Councils and the
High Courts were authorized to regulate the admission and the conduct of the Advocates
practicing in the Courts.
After independence, during the period 1947 to 1960, there was a tremendous growth of law
colleges in India. Unfortunately, this was not based on any rational planning. These law
schools were lacking in even the minimum resources. Many of them were without any
infrastructure viz. buildings or library, full time teachers, facilities for the professional
training or even the final of the concerned university.
2.4 Legal education in Independent India
When India gained its independence in 1947, its legal profession and legal teaching were not
able to play the role they ought. The politician, the economist, and the engineer were expected
to remake the society. The law was to assist in the form of public law and administrative law,
but private law and the legal profession claimed only a small and marginal role in social change.
Since independence, the situation has deteriorated further. In 1954, XIV [14th] Report the Law
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Commission (Setalvad Commission) of India discussed the status of legal education and
recognized the need for reform in the system of legal education and made certain
recommendations. After the year 1961 the Bar Council of India was empowered to lay down
standards of Indian Legal education. In 1967 this body established a uniform three years LL.
B Course with annual examinations and prescribed compulsory and optional subjects to be
taught at LL. B level. Most of these subjects were traditional topics and there is no guidance
relating to curriculum planning. It depicted a very gloomy picture of legal education. It was
only from 1958 that many universities switched over to three-year law degree courses. The
Advocates’ Act, enacted in 1961, became the focal point of the legal education system presently
in existence. The Bar Council of India Rules, inducted under The Advocates’ Act 1961, lays
down the curriculum for imparting legal education throughout India and these 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. It was only by 1967, that it became
onerous task for the three-year law colleges to include procedural subjects into the curriculum
of their law school. Bar Council of India promulgated
rules regarding the apprentice of law graduate in the courts before becoming Advocate. But the
Supreme Court has declared the above stated rules ultra vires in V. Sudheer v. Bar Council of
India. In response to popular demand, the Bar Council of India published the Rules in its final
shape as applicable from 30 November 1998. The minimum qualification for being an advocate
is an LLB Degree, generally a three-year course, which can be obtained after graduation in
other disciplines. A debate as to its efficacy in the recent past led to a proposal of a five-year
integrated course after an intermediate (10+2) examination (from 1st class to 12th class – total
period of 12 years of study). The three-year course itself came to be restructured into a semester
system and several papers came to be included and excluded as per the Bar Council Guidelines.
Hence, the Council today allows both the 3-year course and 5-year course to continue. In India,
a student can pursue a legal course only after completing an undergraduate course in any
discipline. However, following the national law school model, one can study law as an
integrated course of five years after passing the senior secondary examination.
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3. Present status of legal education

The quality and style of Indian legal education that was prevailing in the first fifty years
was unsatisfactory. So obviously it did not attract first-class minds as students or as
teachers. Facilities, including the all-important library, are poor and not properly
maintained. The Indian law teacher had to cope with a low salary and a heavy teaching
load; fifteen to eighteen hours a week are normal for full-time lecturers. Whereas, if a good
hard-working student works for 5-7years in a High Court or other court he earns a good
handsome amount at the end of the month. There is no established tradition of legal
scholarship as an integral part of a teacher's life and duties. On the other hand these teach
could not participate in different projects as an advisor to guide them legally. Indeed, with
the heavy teaching load and inadequate library facilities, such a tradition could hardly be
supported. Many law colleges have only a couple of full-time teachers; the rest are parttime
(which tends to mean no- time except for the classroom hours). Today Indian legal
education is struggling in comparison to its counterparts across the world, which belies the
tremendous potential that the Indian legal profession can unleash in the years to come.
While India continues down its path of growth, it is essential that Indian education is
reformed so that ultimately the Indian legal profession is strengthened to take on the
challenges of the 21st century. Further, Indian legal education cannot be value creating only
for “top of the pyramid” law graduates but must have stringent minimum standard so that
it is transformational for all law students, irrespective of the law school that they choose to
graduate from. With more than 900 law schools across the country the task is a challenging
one; but the Bar Council of India is keen to ensure that these reforms are put in place, after
consultation with stakeholders. Scene of legal education at undergraduate level has changed
to a very considerable extent with emergence of National Law Universities and some State
Law Universities. But the situation in higher legal education has not changed much even in
these law universities. Legal literacy in its purest definition is ―the elementary knowledge
of law and information about the legal processes and not explicitly the in-depth advocacy.
The facts and figures which present the literacy rate in India are futile unless the subject is
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aware of the basic legal knowledge. Such legal literacy should also be popularized amongst
the youth in order to safeguard the society against the atrocities of the executive without
which all rights and information would only be a set of feckless text. The drooping in the
level of the Indian civil society can be particularly accounted for as one of the reasons for
condensing parameters of the legal literacy. A legal-literate person knows about his rights-
duties, his claim and privileges and all needed information to fight the unwanted supremacy
of the Executive in the country. Because India is not built up with the bureaucrats who sit
in their air-conditioned offices but the farmers and the common man who choose them.
Hence the need of the hour is to strengthen the basic legal knowledge amongst the masses.
Article 45 of Indian Constitution says ― “The State shall endeavor to provide, within a
period of ten years from the commencement of this Constitution free and compulsory
education for all children until they complete the age of fourteen years.” But to utter bitter
surprise even after more than 60 glorious years of independence the MDM (Mid-Day Meal)
and other such schemes are also not enchanting enough to impart basic education leave
behind legal education.
3.1 Role of Government

The Constitution of India basically laid down the duty of imparting education on the State
government by putting the matter pertaining to education in List II of the Seventh Schedule.
But it now forms part of giving concurrent legislative powers to the Union government and
the State government4. Legal profession along with the medical and other professions also
falls under List III.
Though there is no specific entry in Schedule VII to the Constitution of India that deals
with legal education. The regulation of standards of legal education, therefore, is through
the more generic entries pertaining to higher education and entitlement to practice before
courts.
4
Constitution of India, List III
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3.2 Role of Bar Council of India

The Advocates Act, 1961 was passed by the Parliament of India by virtue of powers under
List I of the Constitution of India. Under this Act, an apex body, namely, the Bar Council
of India was constituted at national level. This Act required the BCI to promote legal
education and to lay down standards of such education in consultation with the Universities
in India imparting such education. In furtherance of section 49 of Advocates
Act, 1961, the BCI framed Bar Council of India Rules, 1965 wherein chapter- IV
exclusively deals with minimum standards of legal education. These rules were amended
from time to time to improve the standards of legal education in India. Thus, under the
Advocates Act, 1961, that BCI is empowered to prescribe the minimum qualifications
required for a student to get admission to a course leading to a degree in law in any
recognized University and to prescribe the standards of legal education to be observed by
such Universities.
3.3 Role of university grants commission

At the time of an independence of India, there were big socio-political changes going on
across the country. On the issue of the social welfare and the standardization of higher
education in India, the University Education Commission was set up in 1948. Dr. S
Radhakrishnan was appointed as Chairman of the Commission ―to report on Indian
University education and suggest improvements and extensions that might be desirable to
suit the present and future needs and aspirations of the country. The major recommendation
made by the Committee was to reconstitute University Grants Committee on similar lines
of the University Grants Commission of the United Kingdom with a full-time Chairman
and other members to be appointed from amongst educationists of repute. In 1952, the
Union Government decided that all cases regarding allocation of grants-in-aid from public
funds to both Central and other Universities and other educational Institutions of higher
learning might be referred to the University Grants Commission. As a result, the University
Grants Commission (UGC) was formally inaugurated by late Shri Maulana Abul Kalam
Azad, the then Minister of Education on 28 December 1953.
However, the University Grants Commission (UGC) was established as a statutory body in
November 1956 under an Act of Parliament, the University Grants Commission Act, 1956.
The UGC has the unique distinction of being the only grant-giving agency in the country
15
which has been vested with two responsibilities; that of providing funds and that of
coordination, determination and maintenance of standards in institutions of higher
education.
The UGC is statutory mandated for the following aspects,
Promoting and coordinating University education.
Determining and maintaining standards of teaching, examination and research in

Universities.
Framing regulations on minimum standards of education
Monitoring developments in the field of collegiate and University education.
Disbursing grants to the Universities and colleges.
Serving as a vital link between the Union and state governments and institutions of higher
learning.
Advising the Central and State governments on the measures necessary for improvement
of University education.
3.4 Role of supreme court

The Supreme Court of India in its landmark judgment such as Deepak Sibal v Punjab
University5, has held that the study of law should be encouraged as far as possible without
any unreasonable intervention. The Supreme Court has realized the importance of
discrimination of legal knowledge and tried to impress upon the state to appreciate the
same. Manifestly the state or the standing bodies are very frequently found adopting a
negative and discouraging policy regulating the legal education. When the Bar Council of
India has resolved to restrict the entry into legal profession to all those below 45 years there
has been struck down to be unreasonable and unconstitutional in Indian Council of Legal
Education v BCRI. 6 This type of restraints or regulations certainly will have an adverse
impact on the new entrants into legal education.
5
AIR 1989 SC 493
6
AIR 1995 SC 691
16
Thus, unjustified intervention by the authorities are not taking constructive steps to
strengthen and expand legal education resulted in slow and unsatisfactory development of
legal education.
In Bar Council of India v Aparna Basu Mallick7 the apex court held that if the acquisition
of a degree in law is essential for being qualified to be admitted on a state roll, it is obvious
that the Bar Council of India must have the authority to prescribe the standards of legal
education to be observed by universities in the country. Conditions of standard laid
down by the Bar Council of India as to attendance in the law classes, lectures, tutorials,
moot courts, etc. must be fulfilled before enrolment as an advocate.
In State of Maharashtra v Manubhai Pragaji Vashi 8 the Supreme Court of India termed
denial of grant-in-aid by the state of Maharashtra to be recognized private law colleges as
was afforded to other faculties unconstitutional as well as violative of Articles 21 and 39A
of the constitution. It held that Article 21 read with Article 39A of the constitution mandates
or casts a duty on the state to afford grant-in-aid to recognized private law colleges, similar
to other faculties, which qualify for the receipt of the grant.
The Supreme Court of India in the case of V. Sudeer v Bar council of India 9 has analyzed
the rule making power of Bar Council of India under section 24(3) (d) of the Advocates
Act, 1961. The Supreme Court scrapped the order passed by Bar Council of India,
prescribing one-year pre-enrolment training and apprenticeship before enrolment. The
court observed that;
“……. The Bar Council had framed impugned rules, which had to be
scrapped out because it has resulted into firing at wrong end. All that 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 law down the standards of
Education, Syllabi in consultation with the universities…………….”
7
1994 AIR 1334,1994 SCC (2) 102
8
1996 AIR 1, 1995 SCC (5) 730
9
(1999) 3 SCC 176
17
4. Nature of legal education

Legal education is a human science which furnishes beyond techniques, skills and
competences the basic philosophies, ideologies, critiques, and instrumentalities all
addressed to the creation and maintenance of a just society. It provides occasions for
articulation of theories of a just society and teaches us that articulation must be grounded
in historical realities so that the truth of the working of the legal order is brought to the
forefront. It is a subject of great importance in view of its dynamic role in molding and
envisioning the legal system of the country-thus being instrumental in the accomplishment
of the cherished objectives of justice, liberty, equality and fraternity of a sovereign,
socialist, secular, democratic republic.
The law commission also defines legal education as a science which imparts to student’s
knowledge of certain principles and provisions of law to enable them to enter to legal
profession. Encyclopedia of education defines legal education as a skill for human
knowledge which is universally relevant to the lawyer ‘s art and which deserves special
attention in educational institutions. Blackstone says legal education aims at imparting
knowledge of the country as part of necessary culture of a gentleman, nobleman and
common man engaged in a learned profession.
4.1 Importance and Regulations of legal education

Legal education is a broad concept. It includes the profession which is practiced in courts,
law teaching, law research, administration in different branches where law plays a role and
commercial and industrial employments and all other activities which postulate and require
18
the use of legal knowledge and skill. The legal education stands for enhancement of human
sensibility and injects a sense of protecting human liberty and equality before law.
The quality and standard of legal education acquired at the law school is reflected through
the standard of Bar and Bench and consequently affects the legal system. Ignorance of law
is not innocence but a sin which 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, legal ethics and human rights.
“Law is the cement of society and an essential medium of change”. The significance of
legal education in a democratic society cannot be over-emphasized. Knowledge of law
increases one understands 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 but a sin which 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, legal ethics & human rights.
REGULATIONS:
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 determines 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-sec (1) of Sec.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 a studies in law . Under clause (i) of sub-
sec (1) of Sec. 7, the Bar Council of India is also empowered "to recognize Universities
19
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 Act thus confers on the Bar Council
power to prescribe standards of legal education and recognition of law degrees for
enrolment of persons as Advocates. 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.14 Taking the
stock of situation the Bar Council of India started All India Bar Examination form the
academic year 2009-10 onwards for maintaining the standards of legal education in the
country and the regulation and setting of uniform standards across the nation. The legal
education which was one of the most important points referred to the Law Commission was
from time to time investigated into by several commissions and committees such as the
Calcutta University Commission (1917-19) the University Commission (1948-49), The
Bombay Legal Education Committee (1949), All India Bar Committee (1953), The
Rajasthan Legal Education Committee(1955). All of them were of the view that the
prevailing system of legal education in the country required improvement in various
directions. The result of such investigations of the above said commissioners and
committees on legal education in India was very aptly contrasted with the system
functioning in Europe and America by Radhakrishnan Commission.
4.2 Aims of legal education

The aim of legal education is not just to produce professional lawyers. In addition to the
litigating lawyer, who argues before the court of law, the term ‗professional lawyer ‘also
include all persons trained in law, who’s either the employment or services are directly or
indirectly dependent on their degrees in law. The aims of legal education are varied and
have differed at various times and places. It may be broadly aimed at understanding the
functioning of law in society, as a training for administrators and civil servants as much as
for legal practitioners; or it may be more narrowly aimed at training persons for legal
practice. The aims, methods and content of legal education have differed in different
countries, affected particularly by whether there were or were not professional schools
concentrating on practical branches of law, the relative importance of legal treatises and
decisions of courts, the relative standing of professors and judges and other factors.3 In the
West, the legal studies have been much concerned with the development of intellectual
20
capacity in law rather than with inculcating professional expertise. For the attainment of
this ideal, attention should always be given to jurisprudence, constitution, legal history and
all other allied topics. Moreover, our firm belief that law is a subject of study in colleges
and universities and that it has nothing to do with at the school level which is the grass-root
level is quite unfortunate. 4 An eminent justice S.B. Majumdar pointed that one aspect of
legal education seeks to impart appropriate training which should be made available
through professionals. It needs to enable law student to think like a lawyer, to make him
familiar with the basic concepts and principles of law, and make him to learn the basic skills
which are the tools of every lawyer. Only a well-trained lawyer will help the court in the
quick and proper disposal of cases, doing justice to the litigating public and thus help his
client too. The prime aim of legal education at present day should be to transmit to the rising
generation “the accumulated knowledge” about the management of the legal process. The
student should be enabled to gain a comprehensive picture of his legal system. The basic
aim should be more to inculcate knowledge of the principles than detailed rules. 5 Thus,
today the responsibility of legal education is very heavy, as lawyers are meant to preserve
the society and act as ‘healers’ and have to contribute not only to their purse but more so to
the happiness of the mankind as a whole. The Law Commission of India has rightly summed
up the whole aim of legal education in the following words: “All the theory in the world
ill-equips the lawyer who has all the legal lore at his fingertips, but doesn’t know how to
draw a summon, a will, a deed or a bill of sale. Law schools furnish their graduates with
new, shiny, potent tools. Unfortunately, the average graduate has a little knowledge of Law
to use them as a two years child has of how to use a blow torch’’ Various organizations
including academic institutions and statutory authorities have described various aims of
legal education in their context and relevance. The committee of legal education of the
Harvard Law School lays emphasis on double purpose of a law school.
(1) To train men for the legal profession, and

(2) To provide a center where scholars might contribute to an understanding of law
and government and participate creatively in their growth and improvement.
21
4.3 Objectives of legal education

For a developing democratic country like India, the objectives of the Legal Education may
be multi-fold. Across the world they have been enumerated as follows,
1. Socialization Objectives: The use of education to develop perceptions and

understanding of the environment, local and global; to understand the problems of one
‘s society; to influence values and attitudes.
2. Manpower of Objectives: The use of total educational system to generate the

kinds of skills and knowledge needed for tasks in society.
3. Opportunity objectives: The use of education to broaden opportunity and

mobility in society- notably among groups who may have been historically deprived
or repressed.
4. Research Objectives: The use of educational facilities to develop research of

value to education and society.
5.Administrative objectives: The use of planning in the governance of institutions;

The use of more sophisticated methods in budgeting, managing and evaluating
programs.
5. Reforming attempts for revamping of legal education

There is a general feeling that legal education in India is neither meaningful nor relevant.
The way legal education has been structured in India appears to suggest that it is intended
to provide students only with some knowledge of statutes. The curriculum is neither helpful
in shaping aspiring lawyers in their traditional roles of problem solvers nor in their
expanded roles of arbitrators, counselors, negotiators or administrators.
Due to prolonged neglect of legal education, numerous substandard institutions and

‘teaching shops’, with abnormally large number of students, grew up around the country.
22
As a result, admissions to Law Schools became disorganized and the quality of the students
was poor. With few exceptions, the Law Colleges failed to attract brighter students to the
legal profession.
5.1 Reform in legal education

The Ford Foundation, one of the worlds ‘s leading philanthropic institutions based in the
United States was infatuated with the promising idea of India. The Ford speculated a great
potential in India with its political and military leaders opting for democracy rather than
dictatorship. Two representatives of Ford, namely Carl B. Spaeth, Dean of Stanford Law
School and Herbert Merillat, a lawyer visited India to observe the legal system and to
conceptualize the problem of legal education as seen by the Indians and what Indians have
done or thinking of doing to meet these problems. However, Spaeth and Merillat found
widespread skepticism that anything could be done to change the status quo. Thereafter,
Arthur Von Mehren, a law professor from Harvard visited India to continue Ford ‘s study
on this issue. He believed that in order for Indian Society to begin accepting the democratic
rule of law as legitimate, the laws themselves had to be written by Indians, educated within
India. Since lawyers by their professional nature in my judgment, the most promising –
indeed probably the only potentially decisive – key to the problem of India ‘s lac of legal
and socio-economic development is legal education…. Legal education, by shaping the
men and minds that will address themselves to the problems of law, offers the best –
probably the only substantial – hope of accelerating, and consciously assisting, the process.
Meanwhile, the reports of law commission of India on reform of judicial administration in

1958 and Gajendragadkar committee report on reorganization of legal education in the
university of Delhi were tabled. Von Mehren convinced Ford officials in New York to
make their first substantial investment in an Indian University. His idea was to foster
cooperative relationship with Indians and engaging Indian Law Professor to work alongside
the Americans. Certainly, the US scholars brought to the table of great deal of expertise on
legal education, without the Indian assistance the best American advice would not have
succeeded. However, with a surprise to many of Indians, the Ford granted over a half
million dollars to Banaras Hindu University, instead of Delhi University. Unfortunately,
Banaras being economically poor inaccessible city with serious caste and language tensions
among the populations the university could not enroll enough number of potentially
23
impressive students. Later on, Prof. Kenneth Pye, Georgetown University Law Centre
visited India to take stock of BHU ‘s law program. Pye found serious problems about
inadequate library facility, vague syllabus, poor aptitude of faculty and lack of proper
infrastructure facility. The quality of students was found to be extremely low and the
lectures of professors without text books were dry.
Calls for reform in legal education were made as early as 1885, when Justice Muthuswami
Iyer stressed the need for a formal college setup to impart legal education on a scientific
basis. Further, there where been several singular or joint efforts and attempts pondered by
concerned authorities of legal education in India. Some of the remarkable reports in such
deliberations are as follows,
5.2 [A] 184TH Report of the Law Commission of India
In the year 2002, the Law Commission of India (LCI) undertook a comprehensive Suo
moto review of the structure and regulation of the professional legal education system
in India. The Report prepared by LCI, titled as the “184th Report on the Legal
Education & Professional Training and Proposals for Amendments to the Advocates
Act, 1961 and the University Grants Commission Act, 1956” analyses in detail the
conjoint responsibility of BCI and UGC towards the regulation of professional legal
education.
5.3 [B] National Knowledge Commissions’ Report
The National Knowledge Commission (NKC) was established by the Prime Minister
of India in 2005 to recommend and undertake reforms in order to make India a
knowledge-based economy and society. An important constituent of the NKC ‘s
functions is professional education, particularly in the field of legal education. In light
of its significance, the NKC constituted a Working Group on legal education in the
country. The Report crucially notes that the “vision of legal education is to provide
justice-oriented education essential to the realization of values enshrined in the
Constitution of India” Working Group, through a consultative process with the
24
stakeholders in the field of legal education, made a number of reformatory proposals

vis-a-vis the structure of professional legal education in India, which were forwarded
as part of NKC‘s report to the Prime Minister.
6. Establishment of NLUs
Instructions in law has been offered in universities since medieval times, but, since the advent
of university-based law schools, legal education has faced the challenge of reconciling its aim
of teaching law as one of the academic disciplines with its goal of preparing persons to become
members of a profession. Most law schools have tried to find a middle path between being a
mere trade school and being a citadel of pure theory. Unfortunately, the criticism is sometimes
made that these efforts result in a type of education that is not practical enough to be genuinely
useful in resolving day-to-day legal problems but yet not as rigorously theoretical as a truly
academic discipline ought to be. Legal education In India is offered by the traditional
universities and the specialized law universities. In India, Specialized law universities are the
law schools founded pursuant to the second-generation reforms for legal education sought to
be implemented by the Bar council of India. The first such specialized law university was the
National Law School, Bangalore which admitted its first batch in 1987. Following the footsteps
of NLSIU Bangalore, many other states Legislative Assemblies also passed legislations to
establish national law schools. All the National Law Schools thus established may differ from
NLSIU in terms of modalities but their structures as well as model of imparting education is
more or less the same. As per University Grants Commission (UGC), Universities are
established either by the central government or by the state government. The criteria are
decided by the concerned government. But an astonishing thing about NLUs is that they have
been established by the act of the state government. Thus, even though they are called
“National” Law Universities, they are basically state level law universities. So, every NLU is
recognized as a state university only by the UGC. Thus, all NLUs have been established as a
result of state legislations. All these specialized universities are established to provide best
quality of Legal education in India and to make people aware of their lawful rights.
25
7. Challenges in imparting Legal Education in India
Half a century ago, the main purpose of university legal education in India was not the teaching
of law as a branch of learning and as a science but simply to impart to students a knowledge of
the black letter law, that is, certain principles and provisions of law to enable them to enter the
legal practice exclusively for local needs. Gradually this perception changed and the process
of reform in law and legal education was initiated. The real break came in 1990s when the new
challenges posed by scientific and technological revolution and greater interaction between
nations, trade in goods and services, information technology and free capital flow across
international boundaries made the world a global village. Consequently, the concept of “local
practice” widened to that of “transnational practice” in the context of globalization and opening
up of most of the economies of the world. Never before in history has the need for sound
thinking and planning on all issues been felt so intensely as today. Unless the topics of universal
application are integrated into legal education in developing countries, our lawyers and those
of other countries would not be able to compete in the transnational marketplace. In the present
day, an innovative programme of integrated interdisciplinary legal learning and in the new
areas such as Comparative Law, information technology, intellectual property, corporate
governance, human rights, environment, and international trade law, investment, and
commerce, transfer of technology, alternative dispute resolution and space is important.
Comparative Legal education for professional excellence is needed in these and other areas on
a global basis. The present age Legal Education in India is not satisfactory. It requires medical
changes. The law in an instrument of change. It plays a very important role in the reconstruction
of the society; our Constitution has given guarantee to its citizen ‘s social, economic and
political justice. Challenges in legal profession are fast changing with the advent of 5 years
integrated courses, the MNC ‘s offer for corporate legal employment has be opened widely.
Very handsome package is being offered to NLU pass outs. These fresher ‘s discard the other
options, drying up options of becoming a bright lawyer. The Directive Principles of State Policy
as enshrined in the Constitution of India, attempt to transform society, social economic and
political aspirations of the people have changed.
26
8. Conclusion & Suggestions
Legal Education in India has unable to respond historically and meaningfully to

contemporary challenges. It is obvious that except the duration of the courses and entry
level examination for the bar, there has not been innovation in legal education since
independence. The focus of the legal education has remained confined either to the
preparation of legal professional or servant from corporates and MNCs. Despite of various
committees for the reform in the legal education and their muffled suggestions, there has
not been any remarkable change in the scenario of the legal education in India. Indian Legal
education system is not yet prepared to face the challenges of the globalizations. Compared
to other filed of knowledge viz. science, engineering, medical and management, the legal
institutions have failed in pacing with the modern technological advancement and social
development.
Even for creating a man power for bar and bench, the present system of legal education has
failed in providing the content of practical exposure. The studies only have a theoretical
focus with an old age lecture method with chalk and duster only. All the attempts of so-
called reform appear to be lacking in long term vision and carried on without the grass-root
detailing. The directions provided seem to be with hallucination.
A recently held National Convention on legal education at Gangtok, Sikkim in its Gangtok
Declaration too reiterated that autonomous institutions for legal academia and legal
research should be established to fulfill objectives of legal education viz.
1.accessibility 2. equity and 3. excellence in order to achieve the fundamental objectives of

legal education to fulfill the aspiration of “We the people of India”.
Except few most of the legal education institutes are suffering from mediocrity. There are
few islands of excellence, but feeble in number and inadequate to cater the national
requirement of legal pool. Moreover, the important aspects of Continuing Legal educations,
integration ICT and other latest technology are missing at large. The research output of
legal educational institutes is trifling. There is neither a policy nor any program either to
develop or inculcate the research attitude among the students or faculty.
27
Legal education in India require a change in strategy in class room education as well as
practical training. A good law school should equip students for various opportunities that
exist in the legal job market, and this can be done only if a student is trained to acquire all
the essential skills required for a lawyer. It is beyond doubt that theoretical classes and for
that simulation exercises would not be fully able to inculcate such skills in the minds of law
students. These skills can be inculcated only if the students, who have been giving basic
training about legal theory, are involved in practical issues and actively encouraged to
derive solutions on their own. With all its merits the existing methods of teaching cannot
help the law students to get an in-depth knowledge about the practical aspects of law.
Though the simulation techniques like Moot Courts, mock trials, client counseling sessions,
drafting lessons etc. would to an extent inculcate these skills, they are no match to the
practical issues learned from actual practice of law. Hence Law schools should give
preference to experiential learning than to class room teaching. Clinics set up in various
subjects should be used as a method to teach law students about the areas of practice. This
should be uniformly put to practice in all law schools of the country. India being a common
law country has an advantage of having a legal system which is similar to many other
countries of the world. As a consequence, firms from other countries visit the top law
schools to handpick talent. Legal education is an investment, which if wisely made will
produce most beneficial results for the nation and accelerate the pace of development. These
are few suggestions for achieving a country for which we dream every day and night. The
legal Education and the profession have to care for the invisible man. The Advocate has to
become socially more relevant and technically very sound if he has to survive and serve the
needs of the society in the 21st Century. India needs a very vibrant and socially relevant
legal education and professional institutions. This would be possible only when innovative
steps are taken in higher legal education and research to make it globally relevant and
prominent. Improvement in the quality of higher legal education and legal research will go
a long way in transforming India into a global knowledge power in the coming years. The
examination system of our universities is defective. It is illusion. It is out dated and obsolete.
It is hardly test or examination. Legal Education requires special attention in the present
context. It is evident from 184th Report of Law Commission of India (2002) that the
Commission made important contributions with regard to standard of legal education in
India. On the subject of legal education Hon’ble Supreme Court Constituted 3- Members
Committee to studying the situation of legal education in India. The Committee gave
28
important suggestions for revamping the status of legal education in the country. In 2007,
the National Knowledge Commission (NKC) was constituted by Hon’ble Prime Minister
under the Chairmanship of Dr. Sam Pitroda. The working group of legal education was
constituted by National Knowledge Commission and the Group has made many important
suggestions. In order to make legal education more useful, purposeful and meaningful to
the community in general and the Law students, advocates, legislatures, judges,
bureaucrats, administrators, and law teachers in particular, the following suggestions
deserve special attention:
It is pertinent to mention here that there is a need to check the entry of the non-serious
students to join law courses. There is also need to design and teach law courses in the same
way as other professional courses in medicine, engineering, architecture, commerce etc.
have been designed and are being thought to them.
Moreover, establishing judicial academies in the Law Schools. Judicial and decision-
making cannot be contained and taught with the regular legal study. Judicial skills are very
different from the skills of that of a Lawyer. This must be understood and attempts made to
help students equip themselves with judicial skills as well.
It is strongly suggested that participation in legal literacy and legal aid should also be
made compulsory for all the law students, of thus making then improve in helping the legal
aid clients in courts. The law colleges should be linked with courts and there should be co-
ordination between lawyers, judges, law teacher and students. Law students should
compulsory attend the court seriously. The programme should be organized to update the
legal knowledge in collaboration with students, teachers, lawyers and judges.
The important suggestion in this regard is awareness of legal education in the society. To
make people aware about their rights and duties it is very much imperative that legal
education it could not be possible. Lok Adalat, legal aid programs now a day are the part
of the Statute but the basic root is the concept of legal education. So proper emphasis should
29
be placed on the field of legal education. The various suggestions which have been made
by Law Commission of India should be implemented with latter and spirit.
9. BIBLIOGRAPHY
BOOKS:
Legal education in India by Tripathi G.P. Published by Central Law

Publications (2016).
Legal education in Asia by Sarker Shuvro Prosun Published by

Eleven International Publishing (2013).
"Brief History of law in India". Bar Council of India. Retrieved 22

April 2013.
WEBSITES:
http://www.barcouncilofindia.org
30
http://lexreporterindia.com
http://lawcommissionofindia.nic.in
http://sarins.org
http://www.indiaeducation.net
http://www.lawteacher.net
REPORTS:
Law Commission of India, 14th report on Reform of Judicial

Administration (1958)
Law Commission of India, 184th report on the legal education and
professional training and proposal for amendments to the Advocates
Act 1961 and the University Grants Commission Act, 1956.
31

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LEGAL EDUCATION IN INDIA

CHANAKYA NATIONAL LAW

FINAL DRAFT: LEGAL HISTORY

TOPIC: SCOPE OF LEGAL EDUCATION IN INDIA

DR. PRIYA DARSHINI

FACULTY OF LEGAL HISTORY

ROLL NO.- 2825

BBA LL. B (Hons.)

“SCOPE OF LEGAL EDUCATION IN INDIA” submitted at Chanakya National Law

for the contents of my project report.

Chanakya National Law University

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

including negotiation, research, counseling, advocacy, research publications, and analysis of

1.1 AIMS AND OBJECTIVES

1.2 RESEARCH METHODOLY

1.3 SOURCES OF DATA

SECONDARY SOURCES- books, newspaper, websites.

1.5 MODE OF CITATION

2. Historical development of legal education

2.1 Legal education in ancient India.

2.2 Legal education in colonial era.

2.3 Legal education in British period.

2.4 Legal education in Independent India

3. Present status of legal education

3.1 Role of Government

3.2 Role of Bar Council of India

3.3 Role of university grants commission

The UGC is statutory mandated for the following aspects,

Promoting and coordinating University education.

Determining and maintaining standards of teaching, examination and research in

Framing regulations on minimum standards of education

Monitoring developments in the field of collegiate and University education.

Disbursing grants to the Universities and colleges.

3.4 Role of supreme court

4. Nature of legal education

4.1 Importance and Regulations of legal education

4.2 Aims of legal education

(1) To train men for the legal profession, and

4.3 Objectives of legal education

1. Socialization Objectives: The use of education to develop perceptions and

2. Manpower of Objectives: The use of total educational system to generate the

3. Opportunity objectives: The use of education to broaden opportunity and

4. Research Objectives: The use of educational facilities to develop research of

5.Administrative objectives: The use of planning in the governance of institutions;

5. Reforming attempts for revamping of legal education

Due to prolonged neglect of legal education, numerous substandard institutions and

5.1 Reform in legal education

Meanwhile, the reports of law commission of India on reform of judicial administration in

5.2 [A] 184TH Report of the Law Commission of India

5.3 [B] National Knowledge Commissions’ Report

stakeholders in the field of legal education, made a number of reformatory proposals

7. Challenges in imparting Legal Education in India

8. Conclusion & Suggestions

Legal Education in India has unable to respond historically and meaningfully to

1.accessibility 2. equity and 3. excellence in order to achieve the fundamental objectives of

Legal education in India by Tripathi G.P. Published by Central Law

Legal education in Asia by Sarker Shuvro Prosun Published by

"Brief History of law in India". Bar Council of India. Retrieved 22

Law Commission of India, 14th report on Reform of Judicial

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