INDRODUCTION

Legal education is essential for the development of

any country. In India, the need for legal education has never
been greater. The country has undergone significant changes
in the legal landscape in recent years, and legal education
plays a critical role in preparing the next generation of lawyers
and legal professionals to meet these challenges. In this
article, we will explore the importance of legal education in
India and examine some landmark cases that highlight the
need for legal education.
2. Nature of the 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.6 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. 7 The law commission also defines legal education as a science
which imparts to students 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.8 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.
9 3.1. 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 is either the employment or services are directly or indirectly
dependent on their degrees in law. The aim of legal education should
be not only to produce good lawyers but also to create cultured law
abiding citizens who are inculcated with concepts of human values and
human rights; who can serve humanity in various capacities such as
administrators, law teachers, jurists, judges and industrial
entrepreneurs, arbitrators etc. The legal education should aim at
equipping law students with legal techniques and professional skills.
Various organizations including academic institutions and statutory
authorities have described various aims of legal education in their
context and relevance
3.2. Objectives of Legal Education: For a developing democratic
country like India, the objectives of the Legal Education may be
multifold. 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. Importance of Legal
Education:
4.1. Importance of Legal Education: Legal education is a broad
concept.13 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 the use of legal knowledge and
skill.14 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.
Present Status of Legal Education in India:
Legal education gathered momentum and acquired importance in free
India. India became free with a large number of its citizens being poor
and illiterate. The immediate concern was to minimize inequalities and
provide basic amenities to millions of people. With the adoption of a
democratic form of government, legal education was expected to bring
the legal system in tune with social, economic and political desires of
the country. 16 Thus, the basic concern for the legal system in the early
period of free India was to fulfill the objectives set out in the
Constitution. There are various lacunae in present system of imparting
legal education which considerably impaired movement of building new
generation of efficient lawyers, teachers for India. These are:- 1. There
is no separate law university in all the states to govern the educational
institutions. 2. The law institutions are presently affiliated to general
universities which already have loads of burden of different faculties
like Art, Science and Commerce colleges. This caused adverse impact on
the curriculum, syllabi etc. and of course, on the development of legal
education. 3. Mushroom growth of private non-granted law colleges is
seen everywhere and they are ill equipped. Only part-time teachers are
manned in such institutions. 4. The vacancies of permanent teachers
are not filled up perhaps due to lack of qualified candidates and of
course, due to mal-practices in recruitment process. 5. If a person has
nothing to do, they join law course this is the situation of admission in
legal education today. 6. The students of present generation are having
ambition to become doctor or engineer, but they do not want to be a
lawyer or law teacher. It means legal education is unable to attract
these students. This deficiency can be worked out by offering job
opportunity to students. 7. Some colleges adopted regional language as
medium of instruction and examination. There will be conveyance of
regional language to students but there will not be uniformity in legal
education. Diversified legal education may cause deficiency. 8. As
traditional teaching methods are still used in class-rooms, legal
education does not attract students to come and sit in class-rooms. 16
Repot of the Curriculum development Centre in law,New Delhi,1990,
p.12 © 2021 IJRAR December 2021, Volume 8, Issue 4 www.ijrar.org (E-
ISSN 2348-1269, P- ISSN 2349-5138) IJRAR21D1968 International
Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 933 9.
Attendance ratio is considerably poor in some educational institutions.
10. Traditional talk and chalk method of teaching is still adopted in
majority of law colleges for teaching. The teachers are not still
motivated to use modern technologies like computer, projector,
discussion method etc while teaching. The product of such traditional
system of education will not be able to cope-up the problems of
present IT age. Therefore students learn traditional skills and
knowledge. But the modern IT age needs a lawyer with diversified skills
and multi-tasking abilities which the traditional curriculum and syllabi
do not provide. 11. There is no proper clinical (practical) knowledge to
students of rural law colleges. They are getting the theoretical
knowledge of advocacy. 12. The student of some reputed law school
use to assist judges, leading practitioners as their curriculum provides
for such assistance. Therefore those students acquire all the potentials
of advocacy which the rural student is not acquiring. 13. No internship
in law profession as it is in medical profession. It was in India for three
years then it was withdrawn after Hon. Supreme Court decision
5.1. Constitutional Provision:
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 giving
concurrent legislative powers to the Union and the States.5 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
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.18 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.
It has been held by the Supreme Court in the matter of Bar Council of
U.P. vs State of U.P.19 that the Advocates Act, 1961, under Section 4 of
which the Bar Council of India (BCI) has been constituted, is an
enactment made pursuant to Entries 77 and 78 of Schedule VII i.e. it is
with respect to the subject matter of “persons entitled to practice” BCI
is envisaged as the apex professional body for regulating and enforcing
the standards to be observed by members of the Bar. In consonance
with the various State Bar Councils, BCI is responsible for all matters
relating and incidental to admission, practice, ethics, privileges,
regulations, discipline and improvement of the profession.
The Supreme Court, through its decision in the matter of Bar Council of
India v Board of Management, Dayanand College of Law, 22 surveyed
the statutory powers available to BCI under the provisions of the
Advocates Act, 1961 as well as the Rules framed there under, and
concluded that since BCI was concerned with the standards of the legal
profession and the equipment of those who seek entry into that
profession, BCI is, thus, also concerned with the legal education in the
country.
Importance of Legal Education in India
Legal education in India is critical for several reasons.
First, it helps to empower citizens by giving them the
knowledge and skills they need to understand their rights and
navigate the legal system. This is especially important for
marginalized communities, who often face significant barriers
to justice.

Second, legal education plays a critical role in promoting

access to justice. By equipping people with the knowledge and
skills they need to navigate the legal system, legal education
can help to ensure that everyone has equal access to justice,
regardless of their background or social status.

Finally, legal education is essential for the growth of the legal

services sector in India. The sector is growing rapidly, and legal
education is crucial for preparing students to enter this field
and contribute to its growth.
Landmark Cases that Highlight the Need for Legal Education
Bhopal Gas Tragedy Case
The Bhopal gas tragedy is one of the worst industrial disasters
in history. In 1984, a toxic gas leak from a Union Carbide plant
in Bhopal killed over 3,000 people and injured thousands
more. The legal aftermath of the disaster highlighted the need
for legal education in India. Many of the victims were not
aware of their legal rights, and they lacked the resources and
knowledge to seek redress. The case also exposed weaknesses
in the legal system, such as the slow pace of justice and the
need for more stringent regulations to prevent such disasters
from happening in the future.
Nirbhaya Case
The Nirbhaya case, which involved the brutal rape and murder
of a young woman in Delhi in 2012, was a watershed moment
in Indian legal history. The case highlighted the need for legal
education on issues related to women's safety and gender-
based violence. The case also exposed weaknesses in the legal
system, such as the long delays in the trial process and the
need for more effective laws to address gender-based
violence.

Sabarimala Temple Case

The Sabarimala temple case is another landmark case that
highlights the need for legal education in India. The case
involved a challenge to the ban on the entry of women of
menstruating age into the Sabarimala temple in Kerala. The
case sparked a national debate on issues related to gender
equality and religious freedom. The legal battle over the issue
highlighted the need for legal education on issues related to
constitutional law and human rights.
Ways to Improve the Quality of Legal Education

 Improving Curriculum:
Law schools should focus on improving their curriculum
to keep pace with the changing legal landscape. The
curriculum should include practical training, clinical
courses, and internships, apart from theoretical
 knowledge.

 Technology-Enabled Learning:
Technology can be an enabler in legal education. Online
courses, webinars, and e-resources can facilitate legal
education.

 Faculty Development:
Faculty development is an essential aspect of improving
legal education. Law schools should invest in their
faculty's training, research, and development to provide
quality education.

 Collaboration with Industry:

Law schools should collaborate with legal practitioners
and organizations to provide students with practical
exposure and relevant industry insights.

Importance of Practical Training and Exposure:

 Law students in India are often taught using archaic

syllabuses and teaching methods that do not expose them or

bring in sync with practical aspects of legal knowledge. In an
online poll I had carried out last years, about 90% students
want 50% or more of their time in law schools to be spent on
practical training – we are nowhere close to that.
 In contrast, law schools in other countries, such as the United

States and Europe in particular, have more practical and

clinical training programs that prepare students for the real
challenges of the legal profession. The students come out of
law school confident and employable.
Syllabus and Teaching Methods:
 The syllabus and teaching methods employed in law schools

in India are often criticized for being archaic and outdated.

Many of the courses offered are focused on cramming,
memorization rather than critical thinking and problem-
solving. Moreover, the teaching methods employed are too
often based on rote learning, which fails to engage students
and limits their ability to learn.
 Law schools in India need to adopt a more modern and

innovative approach to teaching that emphasizes practical

training and exposure to the legal profession. This can be
achieved by incorporating more clinical legal education
programs, such as moot courts, legal aid clinics, practical
electivesand internships. These programs can provide
students with practical exposure to the legal profession and
prepare them for the challenges they will face in their
careers.

Challenges on Legal Education in India:

The revolutionary changes in information and communication

technologies require corresponding changes in the legal system.
Globalization and the retreat of the state from tradition role have
raised new legal issues concerning methods of protection of poor and
marginalized sections. The nature of law and legal institutions are the
midst of paradigm shift. The people from law and legal services in the
coming years require the State to evolve the best strategy to
strengthen professional legal education. It requires an appropriate
model to achieve supervisory and control mechanism to ensure
accountability on the part of professional schools of law in maintaining
standards of teaching, research and extension of activities. The unrest
legal needs of different sections of society, delay and cost in accessing
justice, impact of globalization on equality and human rights. There is a
vast technological change especially in information, communication,
role of professions in justice and development.

8. Suggestions for effective legal education: The legal education must

reflect participation of representation of the judiciary, Bar Council and
UGC. The appropriate step needs to be taken for the law graduates to
acquire sufficient knowledge and experience. Professional ethics should
be made compulsory for law graduates. The case methods and problem
methods should be made compulsory and lecture method with other
modern techniques should be adopted in legal education. Practical
training in drafting and pleading should be developed in the study.
Students should visit the court at the time of hearing. There is need of
continuing legal education for the law teachers and to do research work
in various field of law. Legal education is need not only for Graduate
law students but also for law teachers, legal researchers and court
officials. Knowledge and proficiency may be used in proper manner
towards legal profession. Legal education must be socially and justice
oriented. The concept of legal education means to participate in the
programmes like Lok Adalat, Legal Aid, Legal literacy and Para-legal
training. Clinical legal education should be given more emphasis to gain
experience in the field of legal activities. There is need to encourage
philanthropic initiative in the field of legal education. The aim of legal
education in India is to produce legal professionals to bring more
meaningful justice in the society.

Conclusion
In conclusion, the need for legal education in India is critical.
The country has undergone significant changes in the legal
landscape in recent years, and legal education plays a critical
role in preparing the next generation of lawyers and legal
professionals to meet these challenges. The landmark cases
mentioned above highlight the importance of legal education
in promoting access to justice, ensuring equal rights for all,
and creating a more just and equitable society. Legal
education institutions in India need to adapt to these changes
and provide students with the knowledge and skills they need
to succeed in a dynamic and rapidly evolving legal
environment.