ILI Law Review Special Issue 2020
CONTOURING LEGAL EDUCATION IN INDIA: AN ANALYSIS OF CHALLENGES
POSED BY COVID-19
Susmitha P. Mallaya ∗
Abstract
Law as a social institution are designed to regulate human relations-economic, social, political and cultural. It
cannot remain static, when the basic conditions of society are rapidly changing, there is a need for changes to
be brought in the legal profession. Nonetheless, despite several changes taken place in society and other
professions, the legal profession in India and the legal education dates back to the old pattern. Legal
profession in India, hence, faced the technology challenges and realised the need to adapt emerging
technology challenges in the COVID times. The present COVID 19 witnessed a pattern where experienced
senior lawyers, judges and academia are coming together in the platform of various webinars to share their
expertise and knowledge. This paper tries to examine the scope of legal education in the context of COVID-
19 scenario, where almost all legal institutions are quickly adapting to technology based online legal
education and the challenges posed by it. It will also analyse whether there is a need to switch over to this
technological system discarding the traditional methods of teaching law in India.
I. Introduction
II. An overview of legal education in India
III. Bar Council of India and UGC: Multiple Regulators’ Dichotomy
IV. Standards of Legal Education: A Step towards Revamping Bar and Bench
V. Reforms in legal education: Far from reality
VI. Challenges posed by Pandemic: Some reflections
VII. Legal Education in India: A way forward
I. Introduction
THE RENOWNED jurist V.R. Krishna Iyer remarked, “A study of law becomes an imperative if
societies with their members, high and low, are to be civilized, stable and humanist. The
profound significance of jurisprudence, which is but the science of law, finds its foundation in
the excellence of legal education”.1 This statement becomes imperative today when we revisit
∗
Assistant Professor, Faculty of Law, University of Delhi.
1
G. Mohan Gopal (ed), Professor N.R. Madhava Menon’s Reflections on Legal and Judicial Education (Universal
Law Publishing Co. Pvt. Ltd. 2009).
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the contouring of legal education, when the nation unexpectedly is facing the pandemic which
brought all the sectors to standstill including the legal education and legal sector. Of course, the
privileged class of society and institutions within a few days of national lockdown suddenly
responded to the calamity positively by organizing and circulating links to “webinars” being
hosted on various legal topics, various workshops on legal education, national and international
seminars through webinars what not even the online internship programmes were offered by
legal firms. The practicing lawyers, especially in the lower courts started facing problems to deal
with the emergent lockdown, this forced the judiciary to introspect its technical infrastructure
and recommendation of the scheme of digitalization of courts which largely remained in paper.
On the other side, it is also felt that there is a need for law teachers and legal professionals to
make an introspection of the existing legal education in our country.
Similarly, in spite of lack of proper infrastructure, many legal educational institutions forced its
faculty members to take the online lectures to complete the syllabus. No doubt, the National Law
Schools in our country and other private law schools with good infrastructure who already
provides laptop and other facilities might not have burdened with this new phase of teaching.
However, there are many institutions, though recognized by the Bar Council of India (BCI),
where majority of not so privileged students with bright legal acumen are studying and aspiring
to be part of bar and bench. They might have faced a huge problem to access the online classes
or may be cannot afford the cost of technology. The desideratum is that legal education should
be capable of producing law professionals who can comprehend the social expectations and give
effect to them through the legal process. The efforts for rejuvenating legal education emphasise
more on subject of study than on development of legal skills. Without any emphasis on the
development of professional skills more and more papers are included in the syllabus.
Revamping legal education
The process of revamping legal education has to continue by trial and error since any scheme
followed cannot last for all times. Hence, there is a need to equip law professionals with skills
and competence to meet the challenges posed by contemporary times. It is worth to consider
whether these issues are taken care of in India to ensure the quality of legal education which is
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intertwined with quality of administration and judicial process. 2 For instance, it seems that some
of the subjects in legal education are prescribed without considering its impact and relevance and
the outcome of it. There is no major changes in the examination system. Examinations in most of
the legal educational institutions baring few premier legal institutions are based on more memory
tests which can be managed fairly well with capsules and a variety of copying techniques
perfected to with an alarming degree of proficiency and dishonesty. The challenge posed by
pandemic is multifarious. It highlights the need to examine whether the existing legal education
and training if any provided in India equip the professional group to undertake the social
responsibility as well as to acquire the skills and information needed to become responsible
leader of society. These questions, in one form or other were probed by several educationists and
institutional agencies from a long time.3 Nonetheless, there is neither consensus on the learning
objectives of legal education nor policy oriented approach towards it. 4 Finally, what can be
ascertained is the fact that the answer to the above remains only in papers and discussions.
II. An overview of legal education in India
In India, legal education began as an ancillary to English legal system introduced by British
government.5 Formal legal education was introduced through universities in the year 1857. There
were lack of standards and qualifications to get admission to law courses run by universities,
generally those with command in English language got admission and studied law. Thus, the
object of legal education at that time was to produce lower cadres of professional lawyers
acquainted with the English laws in the English language. The minimum qualification required
was anyone who knew English well could study law and be qualified to study law.6 After
independence, several colleges have mushroomed throughout the country without any quality
legal education. 7 The Radhakrishnan Commission on University Education in its report lamented
that “…our colleges of law do not hold a place of high esteem either at home or abroad, nor has
2
Id. at 15.
3
A.M. Varkey, “Learning Objectives of Legal Education in India: A Critique” 28 Cochin University Law Review
444 (1991).
4
Ibid.
5
J.K. Bhavnani, “Legal Education in India” Journal of Indian Law Institute 167 (1962).
6
Id. at 168.
7
Speech by N.N. Ghatate, “Seminar on Legal Education at Crossroads: Problems & Perspectives”, Indian Bar
Review 14 (1998).
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law become an area of profound scholarship and enlightened research”. 8 The Law Commission
of India stated that “the main purpose of university legal education seems hitherto to have been
not the teaching of law as a science or as a branch of learning, but merely imparting to students a
knowledge of certain principles and provisions of law to enable them to enter the legal
profession…”. 9 Similarly, as pointed out by A.S. Anand J. “With the changing complex of law
and social needs, there was felt a greater need for change and reform in the structure and pattern
of legal education. The ethos of legal education was required to undergo a change to fit in with
the constitutional philosophy of ushering in the socio-economic transformation of the society.”10
Reforms of committees
Thereafter, committees were constituted to assess the standards of legal education. Based on the
recommendations, reforms in legal education were initiated. Apart from this, the Advocates Act,
1961 was enacted and BCI was constituted as a regulatory body to maintain the standards of
legal education as well as to regulate the bar. In order to have good lawyers and to reform the
legal education which is professional oriented, Professor Madhava Menon, suggested to
inculcate the right values and professionalism in the student of law. 11 He also advocated
promotion of clinical legal education as well as continuing legal education. 12 He recommended
through the National Knowledge Commission that “the vision of legal education is to transform
it towards maximizing justice in society and promote the Constitutional goals of a just social
order. A spirit of public service must inform and motivate the profession for which legal
education should be broad based in scope, multi-disciplinary in approaches and rigorous in
analysis and application”. 13
However, irrespective of various committee reports and efforts made by the Bar Council of India
to improve the legal education, professional legal education continued to suffer from a variety of
drawbacks. As pointed out “Law is not purely a professional skill confined to courts and litigants
8
Supra note 1 at 73.
9
Law Commission of India, “14th Report on Reform of Judicial Administration”, (Sept., 1958).
10
Anand A.S., “H.L. Sarin Memorial Lecture-Legal Education in India-Past, Present and Future” 3 Supreme Court
Cases (J) 2(1998).
11
Madhava Menon, “Training in Legal Education: Some Comparative insights from Indian and American
Experience” Journal of the Indian Law Institute 399 (2007).
12
Susmitha P. Mallaya, “Clinical Legal Education in India: Some Reflections” Indian Bar Review 427 (2019).
13
Supra note 1 at 85.
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but it is a social science. Laws reflect social ethos. There has never been a dearth of ideas about
the objectives of legal education not the scheme for redeeming it so as to make it more
meaningful and socially relevant”. 14 These words became a reality when many lawyers faced
difficulty to contribute their services through virtual courts. Hence, it is worth to note that in
India, the legal profession demands for policy oriented legal education. “What is demanded is
not the skill of a technician trained in the craft of court room adjudication. Nor we need only a
legal scientist trained in the science of law. Compartmentalisation of legal education into
professional, academic, practical and theoretical would not help in producing a legal professional
competent to respond to community demands”. 15
As part of the reforms in legal education, later five year LL.B. course was introduced. National
Law Schools were introduced at state levels. There were arguments against the introduction of
year LL.B. course stating that it is loaded against the poorer people. While the attempts to
maintain quality institutions like National Law Universities (NLU) were seen as praiseworthy,
the tendency to restrict the less affluent from entering the profession by various lopsided
measures were objected by critics. 16 Those who seek admission to these institutions have to pay
very heavy fees and majority of the applicants were from very affluent group, children of judges,
lawyers, high officials and the like. Even if a token reservation is given and few poor students
gain admission, the institutions do not shed their elitist character.
In the legal education, at present we have National Law Schools 17and private law schools
offering five year LL.B. Programmes as well as one year LL.M. Programme though pedagogy of
teaching was not changed drastically from traditional methods of teaching. Apart from this, the
earlier three year degree course is also continued to be offered by few universities. The degrees
provided by these institutions needs recognition by BCI in order to enroll as an advocate. They
exercise the power to visit and inspect universities, to prescribe the courses to be taught in the
law degree, to grant “affiliation” to university department and law colleges under them after
14
Supra note 10.
15
Supra note 3.
16
V.D. Sebastian, “Legal Education: Friend or Foe of Human Rights in India” The Bangalore Law Journal
241(2008).
17
Menon Madhava, “Few Thoughts on Reforming Legal Education” 22(4) Indian Bar Review 67 (1995).
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inspection. The approval from BCI is essential for the colleges to impart legal education. 18 BCI
is also required to maintain the discipline and control over the members of profession. 19
There are many institutions imparting legal education where majority are private colleges
affiliated to some state universities, there are deemed universities, public universities, premier
law schools (NLU’s) and autonomous colleges. Therefore, depending upon the structure and
capacity of each institution, teaching methods are chosen. Finally, from all levels, students enter
the legal profession. Because of the poor infrastructure, ineffective methods of instruction and
defective examination system, a large number of law graduates without professional standards
enter the bar and “assist” the judiciary in the dispute resolution. Though, there are well equipped
and prestigious institutions like National Law Schools in many states, most of the bright students
are taken away by foreign multinational corporations and are not available for service to the
Indian judicial process. So long as the Bar Council is satisfied with the power to prescribe the
syllabus and to conduct inspections, and has no means of ensuring the quality of the students, the
situation is not going to improve. BCI should concentrate its energies on the maintenance of
professional standards and ethics too.
In this context, if we analyse the policies adopted in the legal academia, it may be seen that
introduction of five year LL.B. course aiming to create competent lawyers for bar with good
professional skills, are best suitable to NLUs and other premier law institutions. Does it mean
that the very five year degree course is loaded against the poorer people? Only very few young
people after the plus two stage can opt for specialization in law and join the five year course
unless they can afford to or a tradition of law runs in the family. It is unfortunate to note that
public institutions where majority of the students belonging to low economic strata remain
neglected since the state also fails to implement any measures to raise the standards of these
institutions. Many a times, teaching method adopted in premier law schools cannot be applied to
and suitable for the other legal institutions. For instance, generally, National Law Schools follow
pedagogy which tries to bridge the gap between the theory and practice of law by involving
18
The Bar Council of India, Part IV, Rules of Legal Education, 2008, r. 14.
19
Avasti A.K, “Powerless of the BCI to Improve standards of Legal Education” 46 Journal of Indian Law Institute
55 (2004).
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senior advocates for guiding the students through interactive platform, arranging internship
programmes regularly, preparing for national and international moot courts, workshops and
seminars, interaction with international faculties of the subject concerned etc.
III. Bar Council of India and University Grants Commission: Multiple regulators’
dichotomy
BCI and UGC are the regulatory agencies in legal education in India. The UGC,20 determines the
standards of legal education and it has set a panel on legal education, BCI is empowered to
prescribe standards of professional legal education. 21 Thus, on the one side, the BCI Trust
specifically monitors the legal education and the entry of lawyers in the profession and the other
side is the UGC, which also recognizes the degree awarded by the legal institutions especially
relating to higher studies in law. However, there is lack of uniformity in the aims and objectives
of legal education projected by these regulators. While educational institutions and universities
emphasized the science of law and social purpose of law, stress for development of professional
skill and art of advocacy lies with the BCI. But at the higher level of education sector the legal
education has been totally neglected.
Thus it can be observed that the gap created by multiple legal education regulators is sometimes
misused. To take advantage of the gap created and to abide by the norms and suggestions
provided by the UGC to encourage online teaching, it is interesting to note that a global law
school launched online LLM degree in one of the disciplines of law. 22 Though at present, BCI
regulations do not recognizes these degrees of LL.B or LL.M through online mode, but a
relaxation to conduct online classes was given by BCI recently only due to COVID 19 situation.
If the LL.M. online programme adopted by Global schools becomes successful, it may
eventually encourage other institutions with high market power to offer the online degrees
similar to the present one year LL.M. degree recognized by regulators. Can we then offer online
LL.B degrees as well? What will be its impact on standard of legal education? Of course, we
need to examine its implications in due course. Nonetheless, it will be beneficial if the dual
20
The University Grants Commission Act, 1992, s.12.
21
The Advocates Act, 1961, s.7 (h) and (i).
22
For instance, “Jindal Global Law School launches online LLM course in collaboration with upGrad”, available
at: https://www.edexlive.com/news/2020/jun/01/jindal--global-law-school-launches-online-llm-course-in-
collaboration-with-upgrad-12360.html (last visited on Aug. 1, 2020).
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control is done away with. The universities may conduct the law exams according to its
academic pursuits based on UGC standards and BCI may introduce its own compulsory effective
training programme to raise the standard of the aspirant lawyers and conduct its own
examinations before enrolment as a lawyer in the legal profession.
Apart from this, there is a strong movement to digitalise education sector as well with the
objective of promoting digital India movement. This will promote online mode of education
along with the traditional mode of teaching. UGC framed and notified the regulations in this
regard to recognise and streamline the granting of online degrees at the undergraduate and post
graduate levels. It lays down the minimum standards of instruction for the grant of degrees of
post graduate diploma, through open and distance learning mode and online mode. 23 It
encourages self-learning mode through online platform like MOOCS, SWAYAM which will
enable the learner to learn through e-module which is inter alia self-explanatory, self- contained,
self-directed at the learner, and amenable to self-evaluation, and enables the learner to acquire
the prescribed level of learning in a course of study and includes contents in the form of a
combination of the following e-learning content like e-text materials, video lectures, audio-visual
interactive material, virtual classroom sessions, audio pod casts, virtual simulation and self-
assessment quizzes or tests. This approach from the part of UGC shows the need to implement
certain measures in tune with the same in the field of legal education as well and there is a need
for BCI to prepare a roadmap and discuss the same with all stakeholders of legal sector.
IV. Standards of legal education: A step towards revamping bar and bench
There is a need to revamp the present legal education to meet the challenges posed by
contemporary world. In this regard, there is a need to reframe the role of the bar and the bench.
The gap that has been created between legal education and practical training need to be reduced.
E-learning platform can be introduced by legal institutions to bridge existing gap of theory and
practice. However, more preference needs to be given to the students of non-premier legal
institutions. The future of legal institutions depends on the present lawyers and legal institutions
imparting legal knowledge. It is pertinent to note that, without socially relevant, poverty-
23
University Grants Commission (Open and Distance Learning Programmes and Online Programmes) Regulations,
2020, Sept. 04, 2020, available at: https://www.ugc.ac.in/pdfnews/221580.pdf (last visited on Sept. 09, 2020).
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oriented, multi-disciplinary 24 and technological oriented, legal education cannot play a
meaningful role in making a lawyer professionally competent. In order to reform the judiciary
there is a need to reform legal profession. 25 This becomes inevitable due to the technology
induced changes in the society as well as because of the impact of globalisation. In the period of
globalisation, law cannot be seen in isolation.26 In this context mutual co-operation between bar
councils and universities are quite essential. It is true from the contemporary scenario that law
teaching is not merely a methodology but technology. Law schools and Universities in future
will be constrained to offer e-courses in law. “The task of reform should therefore, encompass
changes not only of curricular and pedagogic arrangements but also the regulatory structure,
pattern of recruitment, funding and management of law teaching institutions.” 27 Therefore, the
regulatory authorities and stakeholders concerned have to move forward for the integration of
technology and restructure legal education with phenomenal change. The law graduates should
develop competency to meet the new challenges in the emerging global market and train
themselves to provide transnational legal service. 28 The future of the judiciary needs to be
viewed as a hybrid model of virtual courts, online dispute resolution mechanism and a step
towards the same has been already initiated due to the challenges posed by the pandemic. In turn,
now it is right time to raise the standard of legal education as well.
V. Reforms in legal education: Far from reality
Everyone is aware of change of time, a change from the technological age to the information age.
There is a paradigm shift from industrial capitalism to information capitalism. As a result, market
economy has paved way to knowledge based economy. The changing paradigm ushered in by
the information revolution is bound to place a greater responsibility and pose new challenges on
the teacher and the student. Accordingly, the quality and methodology of education of law must
also change as observed by Supreme Court “…the need for a continuing and well organised legal
education, is absolutely essential reckoning the new trends in the world order to meet every
24
Rahunandha Reddy, “Law Teaching Methods and Techniques: A Critique with Special Reference to India”, AIR
(J) 73 (2001).
25
Menon Madhava, “Reforming the Legal Profession: Some Ideas”, The Hindu, 2008 at 12.
26
Jeena Chandra Krushna, “Role of Bar Councils and Universities for Promoting Legal Education in India” 44
Journal of Indian Law Institute 555 (2002).
27
Supra note 1 at 86.
28
Bikram Ku.Das, “Disruptive Technology and Legal Education in India” Indian Bar Review 149 (2019).
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growing challenge. The legal education should be able to meet the ever growing demands of the
society and should be thoroughly equipped to cater to the complexities of the different
situations”. 29 This shows that at the present scenario a law teacher is expected to be an innovator.
The proliferation of new and changed courses led to the introduction of varied teaching methods
and devices in the field of legal education in India. “Teaching as an art portrays the imaginative
and artistic abilities of the teacher in creating a worthwhile situation in the classroom in which
the learners learn and achieve the immediate and ultimate goal of education”. 30 The objective of
legal education is little different from other disciplines. The beneficiaries i.e., would be lawyers
go to the Bar for legal practice and therefore, they must be equipped with offensive and
defensive skills. A problem posing method along with other methods of teaching like role play
can be best suited to legal education. The need for technology induced revolutionary changes as
well as innovative teaching techniques to cover a wide range of topics was posed by pandemic.
Barring few, it may not be possible for a lawyer or a law student to get acquainted with the major
strides in science and technology and their direct interaction with law unless they are taught. The
question is whether all the law teachers are capable of imparting required legal knowledge and
skills to the student so as to make the latter competent enough to respond to the challenges in the
new millennium. The present pandemic situation has posed the urgent need to ponder over this
question. It is the time to apply technology effectively in the study of law and justice delivery
system and apply scientific investigations of legal problems. Therefore, legal studies which are
being carried on now must be integrated with science and technology. It is submitted that
teaching by audio-visual method is best suited to explain these subjects.
Another problem is whether law schools are getting ready to meet these challenges. For, the law
schools are going to become high tech centres in the near future. This development is
inescapable, inevitable and non-stoppable. Whether the use of digital technology will supplement
class room learning? Can this technology be deployed cost effectively to loosen the grip of
“classroom”? Is on-line learning a substitute for traditional lecture method which gives a sense of
live and feeling in a classroom situation? A law teacher in the new millennium would need to
travel into new areas on the wings of changes in law and must be prepared to cope with this
29
Maharastra v. Manubhai Pragjivashi, AIR 1996 SC 1 at 10.
30
Supra note 23.
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challenge. The impact of the challenge is so much that the traditional role of a law teacher is fast
reaching extinction.
In order to overcome the challenges posed by pandemic in the legal sector, the BCI in
consultation with its legal education committee resolved that keeping in view the overall
interests of legal education, students of all centres of legal education shall hold online classes. 31
According the BCI rules on legal education, computer education is compulsory. 32 Every student
is supposed to be computer savvy and capable to understand and follow the regime of online
classes. However, there is a need to do an empirical survey to find out barring few law schools,
how many law schools are imparting the computer based skills to students. Now it is high time to
see that this rule is implemented in all law schools.
There is a need to develop art and science of teaching skills to the adults in legal education.
There is a need to teach not only the domain knowledge but also the skills associated with the
profession and most importantly the attitude required to succeed in the profession. Generally,
teaching skills in law are very theoretical and does not really prepare them in terms of the skills
required in the court.
VI. Challenges posed by pandemic: Some reflections
The pandemic situation highlights some of the unfortunate reality of legal education. Many law
schools have switched to online platform of teaching. The platform used for online teaching
posed challenges because of lack of institutionalized platform to impart the lectures. Those who
were technically savvy used this opportunity and became the masters of online teaching without
analyzing the impact of the same. Soon we witnessed webinars mushrooming as well as faculty
development programmes for faculties without making any efforts to analyse how the technology
can be used to develop technical skills for students. The situation in the Bar was also not
encouraging. The letter written by BCI Chairman to the Chief of Justice of India highlighted the
harsh reality of lawyers in the bar who are the offshoot of legal education. 33 He pointed out that
31
Refer BCI letter dated April 23, 2020, available at: https://theleaflet.in/wp-
content/uploads/2020/04/BCI_s_Letter_to_VC__Principal_and_Dean_of_Legal_Institutions_in_India.pdf(last
visited on Aug. 12, 2020).
32
See, Rules of Legal Education, 2008, Protocol as per Rule 9 (a) (b) of Sch. III.
33
News “Continuing Virtual Hearings after lockdown "impractical”, 90% lawyers, judges unaware of technology:
BCI Chairman writes to the CJI”, Bar and Bench, dated April 28, 2020, available at:
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all the members of the legal fraternity do not have access to the requisite technological resources
and there is significant economic disparity in the country.34 This was reflected in the present
mode of legal education for existence of the gap between theory and practice. The students from
premier law schools prefer to become corporate legal professionals and their training by the
institutes motivate to choose such profession, whereas for other legal institutions, the theoretical
studies without development of any lawyering skills make them difficult to sustain in the
practice. However, to resolve the issue of disparity, he was silent. It is true and a hard reality as
well that in this profession it is always best for those who have a strong legal background.
Though, he supported the online teaching in legal education at present he stated that without
classroom teaching accompanied with other activities, legal education cannot be completed
without clinical trials especially for the final year students. Thus, the other activities infact can be
presumed to clinical legal education which is the backbone of effective legal education where
students are trained through experiment based programmes like legal aid clinics, lok adalats etc.
Hence, this sudden shift towards online classes, webinars, online internship programmes cannot
be viewed as future platform of legal education in India and can be expected to integrate in the
legal education reforms.
No doubt, to meet the immediate challenge, the present mode adopted by educational Institutions
imparting legal education through online mode was backed by the BCI circular, is the rider and
the same cannot be considered as a rule. Legal education reforms remain in papers, hence, this is
time to ponder the ways to implement the same at least with the need for all the legal students to
equip with the computer lab activities as well, so that there will not be a situation to say our
lawyers are not equipped with the technology. There is a need for regulatory authorities and
concerned stakeholders to move forward for the integration of technology and restructure legal
education with phenomenal change. The law graduates should develop competency to meet the
new challenges in the emerging global market and train themselves to provide transnational legal
https://www.barandbench.com/news/continuing-virtual-hearings-after-lockdown-impractical-90-lawyers-judges-
unaware-of-technology-bci-chairman-writes-to-the-cji#:~:text=Shruti%20Mahajan&text=The%20Chairman (last
visited on Aug. 13, 2020).
34
News “BCI Chairman to CJI Bobde: If virtual hearings continue even after Lockdown, 95% of lawyers will be left
brief less and work less”, available at: https://www.latestlaws.com/latest-news/bci-chairman-to-cji-bobde-if-virtual-
hearings-continue-even-after-lockdown-95-of-lawyers-will-be-left-brief-less-and-work-less-read-letter/ (last visited
on Aug. 13, 2020).
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service. 35As a result of online learning, there is a shift of emphasis from teacher to learner with
the latter as customer is catching on in this digital age. The method of delivery should be
collaborative, co-operative/team work type than competitive, passive and individualistic. Web-
sites can lead learners to sources of information and virtual classrooms. 36 Though, the Web as an
information provider, provides lot of materials, a student as well as a teacher should be able to
process the source of information and classify its relevancy which calls for the expertise in the
area of research undertaken. However, it is quite evident that e-learning cannot replace the
traditional methods of teaching in true sense.
The Common Law Admission Test conducted by National Law Universities in the year 2020 is
also facing difficulties. The decision to conduct CLAT 2020 by National Law Schools conducted
by the consortium was challenged before the High Court of Delhi with a plea from the petitioner
student to allow to undertake the entrance from home, notices were issued to Central
Government and the Consortium of NLU, seeking their stand as well feasibility of conducting
such exam at physical centres in view of prevailing pandemic. As per the CLAT 2020
notification, online entrance examination will be conducted online at notified centres where
computers would be set up for the candidates to access the test. However, before any decision
from the court, the CLAT 2020 rescheduled by consortium. 37 Later, it is unfortunate to witness
the sudden decision taken recently by National Law School of India University (NLSIU) to
disassociate itself from the CLAT 2020 as they felt repeated postponement of CLAT had resulted
in uncertainty for students and parents. It had pointed out that “NLSIU is uniquely disadvantaged
as it follows a trimester system, in which every academic year is made up of three terms of 90
days duration”. 38 However, the other National Law Universities as part of NLU consortium
resolved to conduct their CLAT 2020 in September 28 by excluding NLSIU. 39 The conduct of
NLSIU is challenged in the apex court by the former Vice-Chancellor of NLSIU along with the
35
Supra note 16.
36
Ibid.
37
See, Notification of Consortium of National Law Universities, Aug 28, 2020, available at:
https://consortiumofnlus.ac.in/documents/Notification_August_28_2020.pdf (last visited on Sept. 9, 2020).
38
Tanu Kulkarni, “National Law School of India University to disassociate from CLAT 2020”, The Hindu, Sept.
07, 2020, available at: https://www.thehindu.com/news/cities/bangalore/national-law-school-of-india-university-to-
disassociate-from-clat-2020/article32539811.ece (last visited on Sep. 7, 2020).
39
'Decisions To Postpone CLAT By NLU Consortium Not Taken Unanimously, Committed To Deliver NLAT 2020
On Time & In Student Friendly Manner': NLSUI”, available at:
https://www.livelaw.in/top-stories/decisions-to-postpone-clat-by-nlu-consortium-not-taken-unanimously-
committed-to-deliver-nlat-2020-on-time-in-student-friendly-manner-nlsui-162497 (last visited on Sep. 7, 2020).
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student petitioner.40 This difference among the NLUS poses a question towards functioning of
these premier law schools which are standing as an ivory tower among legal educations
institutions. In other private, deemed to be universities, central and state universities, they are
adopting the online mode of admission in a slow phase during this academic year.
UGC in its recent guidelines on “Examination and Academic Calendar in view of COVID-19
pandemic and subsequent lockdown” has emphasised the need for promoting online learning and
suggests provisioning of virtual classroom and video-conferencing facilities, training of faculty
on these platforms, preparation of e-content, and practice by the faculty to complete their 25%
teaching through online mode in post-COVID situation as well.41
It is going to be more challenging in the years to come for legal profession. The way the clients
obtain access to lawyers may get changed with the new information technologies. The
representation of lawyers on behalf of the clients before courts, the way of research done etc may
get changed. Many of these changes are witnessed during the virtual hearing taking place. There
is a need to change the pedagogy of teaching law with the information technologies, professional
training programmes needs to be conducted to make the students of law competent to face the e-
courts and to acquaint with the process of e-filing.
VII. Legal education in India: A way forward
The purpose and function of law have assumed considerable significance in contemporary world
and with the changing complexion of law, the quality and the methodology of education of law
must correspondingly change and improve. Thus, what is expected from legal education is not
only to create philosophers and jurists but also to mould a smart technical craftsman who is able
to take a broad view of the functions of law and realise their duty to society as lawyers. Hence, it
is suggested to incorporate a course on use of computers, internet and any other devises in
relation to the profession and education of law. The present pandemic can be treated as a positive
40
“Attempt To Make NLSIU From Island Of Excellence To Island of Exclusion”: Former NLSIU VC Venkata Rao
Moves SC Challenging NLAT 2020”, available at:
https://www.livelaw.in/top-stories/former-nlsiu-vc-venkata-rao-moves-sc-challenging-nlat-2020-162567(last visited
on Sep. 7, 2020).
41
See, UGC Guidelines on Examinations and Academic Calendar for the Universities in View of COVID-19
Pandemic and Subsequent Lockdown, available at: https://www.ugc.ac.in/pdfnews/4276446_UGC-Guidelines-on-
Examinations-and-Academic-Calendar.pdf (last visited on Aug.19, 2020).
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ILI Law Review Special Issue 2020
time to think, re-think and change the curriculum of legal education at all levels of legal
institutions so that the future lawyers won’t stand as a sorry figure before the society and the
courts and judiciary also may achieve the objective of becoming “Smart/E-Court and
digitization”.
Apart from this, it is also suggested to initiate the process of adopting the flipped learning
pedagogy in teaching law subjects along with classroom teaching. This can be created using
Information and Communication Technology (ICT) Tools as well as developing Massive Open
Online Courses (MOOCS) in the legal subjects which will benefit the students as well as
enhance the professional competencies of a law teacher as well. The virtual mode will generate
the interest in students to understand the legal concept with the help of some movie clips relating
to the same, images and visual art form etc. With regard to clinical legal education subjects,
experienced lawyers’ services can be hired by organizing interactive webinars in small group of
students and the teacher can assess them through practical sessions on the same. The services of
the alumni can be utilized for the same. The teaching method adopted by way of using google
classroom, Microsoft Teams needs to be continued since it provides a platform to utilize fully the
ICT tools while delivering lectures. Premier law schools can take a lead to disseminate the legal
education to underprivileged section of bright students who are aspiring to learn law by way of
MOOC and other online means with minimum fee. In this way, the standards of legal education
can be raised since the practice of not attending college and acquiring degrees by the candidates
can be curtailed. The recent UGC regulation gives a positive node to start the full-fledged online
programme for those higher educational institutions having highest NAAC score as well as top
100 in university category of National Institutional Ranking Framework to without prior
approval of the UGC if they satisfy the conditions mentioned in the regulations. Therefore, in
line with legal education sector as well in tune with the LL.M. Online Programme initiated by
Jindal Law Schools, other top law schools can plan to conduct online LL.B degree programmes
with strict standards based on this notification and the BCI can examine the knowledge by
conducting a separate test both practical and theoretical before allowing to practice before the
court of law.
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