Unit 9

Legal Aid
Synopsis:
1) Introduction
2) Meaning and concept
3) Origin
4) Historical background and Origin of Legal Aid
5) Importance of Legal Aid:
6) Various laws which provide legal aid
7) Legal Aid in India and Indian Constitution
8) Implementation of legal aid
9) Measures For Effective Legal Aid
10) Obstacles To Legal Assistance
11) Legal Aid under Legal Services Authority Act, 1987
12) When can the legal services be withdrawn
13) Who is entitled to free legal aid
14) Services offered by the Legal Services Authority
15) Duties of the Police and the Courts
16) When can Legal services be rejected
17) Cases for which legal aid is not available
18) When can the legal services be withdrawn
19) Case laws
20) Conclusion

1) Introduction
Legal aid means free legal assistance to the poor persons in any
judicial proceedings before the Court, Tribunals or any authority.
It intends to provide free legal assistance to the poor persons who
are not able to enforce the rights given to them by law. Justice
P.N. Bhagwati has clearly stated that legal aid means
providing an arrangement in the society which makes the
machinery of administration of Justice easily accessible and
in reach of those who have to resort to it for enforcement of
rights given to them by law. He has rightly said that the poor
and the illiterate should be able to approach the courts and their
ignorance and poverty should not be an impediment in the way of
obtaining justice from the Courts. The constitution of India gives
much importance to rule of law. In India, it is regarded as a part
of the basic structure of the Constitution and also of natural
justice. Free legal aid to the poor and weak persons has been held
to be necessary adjunct of the rule of law.
2)Meaning and concept
The word legal aid consist of two words legal means lawful and
aid means help\assistance, Legal aid in its common sense
conveys the assistance provided by the society to its weaker
members, poor people in order to protect their rights and liberties.
The provision of legal aid to the poor is based on humanitarian
conditions. The general meaning of legal aid is to provide legal
support, security, arrangements, extending and providing special
assistance to the poor person and the weaker section of society.
3)Origin :
Legal aid has its roots in the “Right to fair trial movement” in the
19th century and the concept of Right to Council. These two
provisions were practiced in the European countries. In these
countries the court fees was waived for the poor and provision
was made to appoint the council free of cost for the poor who
could not afford to pay for their services. Article 63 of the
European Convention on Human Rights also provides the
provision of legal aid in regard to the criminal law cases.
4) Historical background and Origin of Legal Aid India
After Independence schemes of legal aid was developed under
the aegis of Justice N.H. Bhagwati, then of Bombay High Court
and Justice Trevore Harris of Calcutta High Court. The matter of
legal aid was also referred to the Law Commission to make
recommendations for making the legal aid program an effective
instrument for rendering social justice. Coming up with
recommendation in its XIV report, under the leadership of
leading jurist M.C. Setalvad, the Commission opined that free
legal aid is a service which should be provided by the State to the
poor. The State must, while accepting the obligation, make
provision for funds to provide legal aid. The legal community
must play a pivotal role in accepting the responsibility for the
 administration and working of the legal aid scheme. It owes a
moral and social obligation and therefore the Bar Association
should take a step forward in rendering legal aid voluntarily.
In the 1976, Article 39-A was introduced in the Directive
Principles of State Policy by 42nd Amendment of the
Constitution. With the object of providing free legal aid, the
Government of India had, by a resolution dated 26th September,
1980 appointed a Committee known as Committee for
Implementing Legal Aid Schemes (CILAS) under the
chairmanship of Chief. Justice P.N. Bhagwati to monitor and
implement legal aid programs on a uniform basis in all the States
and Union Territories. CILAS evolved a model scheme for legal
aid programs applicable throughout the country by which several
legal aid and advice Boards were set up in the States and Union
Territories.

These would include representation by lawyers at government

expenses to accused persons in criminal proceedings, in jails, and
appeals. The Commission also recommended the substitution in
Order XXXIII, Civil Procedure Code of the word pauper with
poor persons.Acting on the recommendations of the Law
Commission, the Government of India in 1960 prepared a
national scheme of legal aid providing for legal aid in all courts
including tribunals. It envisaged the establishment of committees
at the State, District and Tehsil level. However due to the
inability of States to implement the scheme because of lack of
finances the scheme did not survive.
5)Importance of Legal Aid:
The provision of legal aid is important in India because India is a
democratic country . Preamble of the Indian constitution provides
justice social, economical and political. India follows the rule of
law given by Dicey. Thus legal aid is essential and important
because it guarantees equal access and justice for all without any
discrimination
6)Various laws which provide legal aid
1) Civil Procedure Code
Order 33 R18 provides for suit by or against an indigent person –
when a plaint along with petition is made that the person is
unable to avail services of a lawyer then the court exempts him
from court fees as well as an advocate is appointed for him free
of cost
2)Criminal Procedure Code s 304
Provides legal aid to the accused person from the time the
accused is produced before the magistrate for the first time and is
unable to appoint and advocate on his behalf.
3)Legal Services Authority Act 1987 to the poor and needy
people of society
4)Advocate Act 1961
This act also contains provision for legal aid as will as for the
constitution of legal aid committees

7)Legal Aid in India and Indian Constitution

The preamble of the Indian constitution aims to secure to the
people of India justice – socio economic and political. Article 38
and 39A of the Indian constitution are notable. Article 38(1)
states- the State shall promote the welfare of the people by
securing and protecting the social order including justice and
Article 39-A of the constitution states that the state shall in
particular, provide free legal aid, by suitable legislation or
schemes, to ensure that opportunities for securing justice are not
denied to any citizen.
In Sheela Barse vs. State of Maharashtra it was held that legal
assistance to a poor accused who is arrested and put in jeopardy
of his life or personal liberty is constitutional imperative
mandated not only by article 39-A but also by article 21 and 14 of
the constitution.
Article 21 clearly says that every person has an equal right to life
and liberty except according to the procedure established by the
law. It was said in the case of Hussainara khatoon vs. State of
Bihar, that if any accused is not able to afford legal services then
he has a right to free legal aid at the cost of the state.
8)Implementation of legal aid
Although legal aid was recognized by the Courts as a
fundamental right under Article 21. The step was taken in Sunil
Batra v. Delhi Administration where the two situations in
which a prisoner would be entitled for legal aid were given. First
to seek justice from the prison authorities and second, to
challenge the decision of such authorities in the court. Thus, the
requirement of legal aid was brought about in not only judicial
proceedings but also proceedings before the prison authorities
which were administrative in nature.
The court has reiterated this again in Hussainara Khatoon v.
State of Bihar and said it is an essential ingredient of reasonable,
fair and just procedure to a prisoner who is to seek his liberation
through the courts process that he should have legal services
available to him. Free legal service to the poor and the needy is
an essential element of any reasonable, fair and just procedure.
The court invoked Article 39-A which provides for free legal aid
and has interpreted Article 21 in the light of Article 39-A. The
court upheld the right to free legal aid to be provided to the poor
accused persons not in the permissive sense of Article 22(1) and
its wider amplitude but in the peremptory sense of article 21
confined to prison situations.

9)Measures For Effective Legal Aid

1. The legal aid movement has to go to the grass root level and
help to discover, identify and solve the problems and difficulties
of the poor.
2. The participation not only of the practicing lawyers but also of
the courts, the law, teachers, senior law students, trained social
workers, public at large is also needed.
3. It should also include activities like spreading legal awareness
and educating people on their basic rights with the help of
NGO's.
4. Promote more informal paralegal services in places where
basic access to justice opportunities and infrastructures are
absent.
5. Promote a pro bono service culture and tradition within the
legal profession.
6. Offer comparative models of legal aid to government in
reforming the movement.
7. Support the development of demonstration legal aid/public
defender offices in cooperation with governments.
8. Lok Adalats should be promoted in the right direction as they
settle the disputes quickly by counseling and discussions, etc. Its
basis is to provide quick justice with the mutual consent of the
parties. Their object is to reduce burden on the Courts so that the
problem of law's delay may be solved and people may get justice
within due time. The machinery of the Government engaged in
the execution of this movement in the state must be geared from
bottom to top.

10)Obstacles To Legal Assistance

At present the legal aid movement in India is unorganized,
diffused and sporadic.
There is lack of co-ordination in it.
The ideal of equal access and availability of legal justice has
reached almost breakdown point.
There is a wide gap between the goals set and met.
Lawyers don't engage themselves in pro bono activities because
of various reasons.
There is lack of financial resources.
The legal education imparted earlier did not provide social
education. Therefore they do not understand or accept their
obligation to do so, also the members of the profession do not
regularly come into contact with members of the community who
need legal assistance.
Illiteracy is also a major obstacle to legal aid.
Now it is common knowledge that about 70% of the people living
in rural areas are illiterate and even more then that are not aware
of the rights conferred upon them by law .
It is the absence of legal awareness which leads to exploitation
and deprivation of rights and benefits of the poor.
11)Legal Aid under Legal Services Authority Act, 1987:
According to Section 2(1) (a) of the Act, legal aid can be
provided to a person for a 'case' which includes a suit or any
proceeding before a court. Section 2(1) (a) defines the 'court' as
a civil, criminal or revenue court and includes any tribunal or any
other authority constituted under any law for the time being in
force, to exercise judicial or quasi-judicial functions. As per
Section 2(1)(c) 'legal service' includes the rendering of any
service in the conduct of any case or other legal proceeding
before any court or other authority or tribunal and the giving of
advice on any legal matter.
Legal Services Authorities after examining the eligibility criteria
of an applicant and the existence of a prima facie case in his
favour provide him counsel at State expense, pay the required
Court Fee in the matter and bear all incidental expenses in
connection with the case. The person to whom legal aid is
provided is not called upon to spend anything on the litigation
once it is supported by a Legal Services Authority.

Under The Legal Services Authorities Act, 1987 every citizen

whose annual income does not exceed Rs 9,000 is eligible for
free legal aid in cases before subordinate courts and high
courts. In cases before the Supreme Court, the limit is Rs
12,000. This limit can be increased by the state governments.
Limitation as to the income does not apply in the case of
persons belonging to the scheduled castes, scheduled tribes,
women, children, handicapped, etc.

12)When can the legal services be withdrawn

The legal services committee can with draw the services if,
1. the aid is obtained through misrepresentation or fraud;
2. any material change occurs in the circumstances of the aided
person;
3. there is misconduct, misbehavior or negligence on the part of
the aided person;
4. the aided person does not cooperate with the allotted advocate;
5. the aided persons appoints another legal practitioner;
6. the aided person dies, except in civil cases;
7. the proceedings amount to misusing the process of law or of
legal service.
13)Who is entitled to free legal aid
Any person, who is:
1. a member of the scheduled castes or tribes;
2. any person belonging to the Schedule caste/tribe, persons
suffering from natural calamity, industrial worker, children,
insane person, handicap, persons in custody and those having
annual income less than Rs 1 lakh were entitled to avail free legal
aid
3. a victim of trafficking in human beings or beggar;
4.disabled, including mentally disabled;
5. a woman or child;
6. a victim of mass disaster, ethnic violence, caste atrocity, flood,
drought, earth quake, industrial
disaster and other cases of undeserved want;
7. an industrial workman;
8. in custody, including protective custody;
9. facing a charge which might result in imprisonment; —(Khatri
II Vs. State of Bihar, (1981) 1SCC); and
10.unable to engage a lawyer and secure legal services on
account of reasons such as pover ty, indigence, and
incommunicado situation;
11. in cases of great public importance;
12. special cases considered
deserving of legal services.

14)Services offered by the Legal Services Authority:

1.Payment of court and other process fee;
2. Charges for preparing, drafting and filing of any legal
proceedings;
3.Charges of a legal practitioner or legal advisor;
4. Costs of obtaining decrees, judgments, orders or any other
documents in a legal proceeding;
5.Costs of paper work, including printing, translation etc.

15)Duties of the Police and the Courts:

The police must inform the nearest Legal Aid Committee about
the arrest of a person immediately after such arrest.
—(Sheela Barse V. State of Maharashtra)

The Magistrates and sessions judges must inform every accused

who appears before them and who is not represented by a lawyer
on account of his poverty or indigence that he is entitled to free
legal services at the cost of the State.

Failure to provide legal aid to an indigent accused, unless it was

refused, would vitiate the trial. It might even result in setting
aside a conviction and sentence. —(Suk Das Vs. Union Territory
of Arunachal Pradesh (1986) 2 SCC 401; 1986 SCC (Cri) 166)

16)When can Legal services be rejected?

If the applicant
- has adequate means to access justice;
- does not fulfill the eligibility criteria;
- has no merits in his application requiring legal action.

17)Cases for which legal aid is not available:

1. Cases in respect of defamation, malicious prosecution,
contempt of court, perjury etc.
2. Proceedings relating to election;
3.Cases where the fine imposed is not more than Rs.50/-;
4.Economic offences and offences against social laws;
5.Cases where the person seeking legal aid is not directly
concerned with the proceedings and whose interests will not be
affected.

18)When can the legal services be withdrawn?

The legal services committee can with draw the services if,
1. the aid is obtained through misrepresentation or fraud;
2. any material change occurs in the circumstances of the aided
person;
3. there is misconduct, misbehavior or negligence on the part of
the aided person;
 4. the aided person does not cooperate with the allotted advocate;
5. the aided persons appoints another legal practitioner;
6. the aided person dies, except in civil cases;
7. the proceedings amount to misusing the process of law or of
legal service.

Case law
In the case of Hussainara khatoon vs. State of Bihar, it was
held that if any accused is not able to afford legal services then he
has a right to free legal aid at the cost of the state.

Khatri II Vs. State of Bihar, (1981) 1SCC; 1981 SCC (Cri)

228; 1981 Cri. LJ 470
The Constitutional duty to provide legal aid arises from the time
the accused is produced before the Magistrate for the first time
and continues whenever he is produced for remand.

Madav Hayavadanrao Hoskot Vs. State of Maharastra

(1978)3 SCC 544) (Art. 142 of the Constitution r/w Articles 21
and 39A of Indian Constitution )
A person entitled to appeal against his/her sentence has the right
to ask for a counsel, to prepare and argue the appeal.
 Unit:9

Legal literacy

1) Introduction :
Legal literacy means knowledge or awareness of law. It means
the elementary knowledge of law. It also means awareness of the
country’s political setup. Every person in society is expected to
know the law of land on acquiring legal knowledge the
personality of individual is molded which makes him a civilized
person in society.

2)Importance of Law
Law of the land are made for the growth and benefit of the
society. They are made to protect and preserve the human rights
of all individuals. Laws are made for better governance of the
country and it becomes imperative for the people of the country
to become aware of the existing laws. Every nation is governed
by a system of laws for the growth and overall development of
the society. It is a
system of rules and regulations which are found in judicial
interpretations, constitutional and legislative enactments, made
by the competent authority so as to govern society and to
influence behaviour of the individuals therein in the righteous
manner. It is a powerful concept and also a
mechanism of social control and law and order in the society.
John Austin defined law as “A rule laid down for the guidance of
an intelligent being by an intelligent being having power over
him."

2) Historical background:
NATIONAL LEGAL LITERACY MISSION. The National
Legal Literacy Mission, with its motto “From Ignorance to Legal
Empowerment”, was launched by the honorable Prime Minister
of India, Dr. Manmohan Singh launched. This five-year Mission
had its foundation in the goal of legal empowerment of all
sections of the society. Its object was to simplify the language of
 the law to make people able to understand laws and
judgments. Special focus was laid on the downtrodden,
minorities and women.

3) Meaning and concept:

The concept of legal literacy is based on the principle that the
ignorance of law is no excuse. The constitutional law is
considered as law of land because it teaches us about the
fundamental rights, fundamental duties and the various aspects of
political organisations which create an awareness about law and
its legal aspects.
Legal literacy means bringing awareness to the masses regarding
the laws of the land and their respective rights. In India, people
are not aware of the legal terminologies and the available
provisions which are made for their benefit. India is a country
with poor literacy rate, so major population is illiterate and not
aware of their rights. Govt have been reframing the present
statutes so the masses can avail their fundamental rights.
Fundamental Rights are a set of rights contained in Part III of the
Indian Constitution. It guarantees rights, such that all citizens
can live their lives in peace and harmony. Such rights are a
symbol of democratic government, these include Right to
Equality and Freedom of Speech and Expression, and Right to
assemble peacefully, follow and practice any religion, etc. People
being ignorant of the laws face exploitations and few, who claim
to know engage into faulty interpretations
because they are not aware of the recent changes in the statutes.
Therefore legal awareness is the present need of the society. It is
pertinent for the overall growth, development and protection of
the individuals. It is an important key to unlocking the doors for
positive change
and transformation in the society. India is the world’s largest
democracy. Since independence, India has been growing and
developing by a system of governance which involves self-rule
by the people, a government
 which is by the people, of the people and for the people.
As envisaged by -Ex-Chief Justice of India, P. Sathasivam
“Legal Literacy is essential for the survival of our Constitutional
Democracy. The judicial
set-up works on the presumption that all people are aware of their
rights.”People must be
made aware of their rights and duties for a systematic functioning
of the nation.
The supreme law of our nation is the Constitutional Law which
governs the country. The
main idea behind framing of the constitution was to get
governance norms and safeguarding
the interests of the people of the nation.. The core reason behind
lack of awareness is either
the inability of the authority to spread the message of the laws
and relevant provisions or the
faulty understanding of the common man. Lack of knowledge
with regard to the legal and
fundamental rights gives rise to problem of untouchability, child
labour, human trafficking,
unlawful detention, etc and hence threatens the very safety of the
citizens.

Based on the concept:

The famous legal maxims-
“Ignorantia legis neminem excusat “or “ignorantia juris non
excusat’’ meaning ignorance of
the law is no excuse are followed in our country. Citizens are
thereby responsible for their
inactions where they are ignorant of their rights and duties.

4) Objectives of legal literacy:

The legal services authority act organizes legal literacy camps
specially in rural areas, slums and labour colony with a dual
purpose of educating weaker section of the society as to their
rights as well as encouraging the settlements disputes through lok
 adalats. They take appropriate measures for spreading legal
literacy and its legal awareness among the people.

Objectives of legal literacy are as follows:

1)Awareness: to help individuals to acquire awareness of their
rights, duties ,benefits and the loss applicable to them.eg
reservation for scheduled caste, tribals, women etc.
2) Knowledge:
It helps individual to gain variety of experience and acquire an
basic understanding of law which is helpful to them to solve their
problems eg as a common man a person knows that if his
fundamental right is violated or infringed he can go to Supreme
Court under article 32 and to the High Court under article 226 of
the constitution. As a common man we have knowledge about
writs like habeous corpous, mandamous, prohibition, quo
warranto etc.
2) Attitude:
Legal literacy makes a person awaken regarding rights attitudes
to fight injustice done to them legally with the help of provision
of of laws
3) Participation:
In order to make legal literacy to be used in practice a person is
able to fight against injustice done to them eg people going on
strike, people in large number participated against the campaign
for corruption conducted by Anna Hazare.

Necessity of Legal Literacy

Legal Literacy is an instrument to bring about change in the lives
of the common man. A
sociological study of 1st world nations clearly shows the fact that
better awareness of the
legal provisions helps citizens to implement and exercise their
rights.

The different ways which can lead to favourable legal literacy

are:
1. Policies and constitutional mandates to be implemented
effectively.
2. Implementation of social mechanisms such as Legal seminars,
camps, workshops etc, must
be undertaken to make the people aware of the present legal
structure
3. Help of legal jurists, academicians, professors, advocates and
other such professionals who
can aid in the better understanding of laws and its working should
be resorted.
4. Making basic –level legal education mandatory for all.
5. Legal assistance to the underprivileged, uneducated/ citizens.

Importance of legal literacy:

The legal literacy creates legal awareness among the people in
particular it educates the weaker section of society about their
rights ,priviledges guaranteed to them by social welfare
legislation enactments as well as administrative programs and
measures. This legal literacy camps are conducted by law
graduates students , members of Bar Council and judges
participate in these camps and provide

Features of the Mission.

NLLM was initiated with the aim of providing legal education to
the underprivileged persons, including disabled people. The
subject matter of the mission was to educate the people about
law, legal terminology and legal rights.
1. To achieve 100% legal literacy.
2. To target the most disadvantaged, distraught, disintegrated,
vulnerable and victimized populace first and progress further in
the grass-root level.
3. To prepare State Specific Plan of Actions for implementation
of objective of the Mission.
4. To undertake survey, research, documentation drive, social
investigation reporting and social audit as a learning exercise of
people’s problems, grievances and to understand the nature of
redressal required.
5. To sensitize the Judicial Officers to people’s cause
particularly to that of women and children, dalit and
minorities, tribal and such other most vulnerable groups as well
as persons in custody in addition to implementation of the Acts
pertaining to mentally and physically challenged, the destitute
and beggars, the orphans and neglected citizens, the abandoned
elderly citizens, discrimination in case of any caste,
communal violence, disaster and disease outbreak. Target
Groups.
Taking into account the provision of the section 12 of the
Legal Services Authorities Act, 1987, which prescribes the
criteria for giving legal services to the eligible persons,
following persons are covered under the target group of the Legal
Aid services: 1. a member of a Scheduled Caste or Scheduled
Tribe; 2. a victim of trafficking in human beings or begar as
referred to in Article 23 of the Constitution
legal knowledge and awareness to the people.

Importance of legal Literacy

(a) Legal literacy is that where one needs to have some broad
information about legal provisions and processes.

(b) Legal literacy is the elementary knowledge of law and not an

expert knowledge of an advocate. It is about awareness of the
country’s political set up.

(c) Legal literacy helps in seeking legal remedies against

exploitation and injustice.
(d) Legal literacy makes us aware of several laws which have
been enacted for the welfare protection and security of the
citizens.

(e) Absence of legal literacy leads to the perpetuity of

exploitation and victimisation in many fields.
(f) It makes us responsible persons of a civil society and a society
which is just and orderly, where everyone lives with honour and
dignity.

(g) In short “legal literacy reminds us about our rights, duties and
legal obligations
towards society.”

In a country like ours there is huge economic gap between the

masses, inequalities in matter of employment opportunities, etc
but in such conditions law
acts a catalyst. Law also covers the aspects of ignorance.

Present Growth and Implementation Plans

The legal aid movement in India came up in the year 1952, when
the Government of India gave attention to legal aid for the poor.
Later in the year 1960, Government resolved to various
guidelines for legal aid schemes. The legal aid schemes were
brought forward through various departments in different states.
In 1980, Committee for Implementing Legal Aid Schemes
was constituted at the national level to oversee and supervise
legal aid programmes throughout the country under the
Chairmanship of the former judge of the Supreme Court, Hon.
Mr. Justice P.N. Bhagwati.
Later a new chapter of Lok Adalats was added to the justice
dispensation system, which succeeded in providing a
supplementary forum to the litigants for conciliatory settlement of
their disputes. He pointed that absence of
legal knowledge is the root cause of all disadvantages to the
people and they are not being benefitted by the legal rights.
However owing to this later, enactment of the Legal Services
Authorities Act 1987 was undertaken. The year 1987 marks a
golden chapter in the history of legal aid in India. However, there
is still a strong need to make the people fully aware of their
rights. In India, National Legal Literacy Day is on November 9.
More than 70% of the
population lives in rural areas. They are not aware of their basic
legal right which adds agony to their unfortunate situations such
as arrest, detention, etc. The growing deception, exploitation of
the poor and illiterate is because of poor knowledge of their legal
rights. Many cases of illegal arrests by the police department
come to light, without following the guidelines issued by the
Apex Court. Also time and again through various judgements
supreme court is laying guidelines for lodging of an FIR (First
information Report) but not much have been understood by the
people at large. The simple reason for this is lack of legal right
and information. No matter how big rules and regulations are
made by the legislature,
they will fail to have massive transformative impact unless the
masses are made aware of the same. In the present scenario Govt
has started taking up awareness programmes wherein authorities
are working to create awareness. Various District legal service
authorities have
initiated Legal literacy Schemes – Mission Jannneethi,
Panchayats for redressal of village disputes.

Case Law:
In Air India Statutory Cooperation v. United Labour Union, the
concept of social justice has
been explained: “…..The ethos of social justice is to attain
equality in all faces – social,
economic and political.

Legal Education Unit:9

1) Introduction:
In the era of globalization, information and communication
technology, the term ‘Legal Education’ touches multi-
dimensional streams of education all around the world. Legal
education is not a subject that covers the scope of the law
alone, however, it extends its arms to social, political,
historical and economic arena.
The term ‘legal education’ cannot be understood with a
determinate set of definitions, as the law cannot be understood
without imbibing the social segments in its ambit. Legal
education is a human science which furnishes relationship of
law with the society. Education in law equips the future
lawyers, judges, administrators, counsellor and legal scientists
to fashion and refashion ways of peace and ordered attainment
of the ideals of human governance. The Law Commission of
India has also identified legal education as a science which
imparts to students, knowledge of certain principles and
provisions of law with a view to enable them to enter into the
legal profession.

2) Meaning and concept of legal education:

The law commission of India defines Legal education as,” a
science which imparts to students knowledge of certain
principles and provisions of law to enable them to enter the
legal profession.”
Law, legal education and development have become inter-
related concepts in modern developing countries. The main
function of the legal education is to produce lawyers with
social vision. However, in modern times legal education
should not only produce lawyers, it should be regarded as a
legal instrument for social design.
According to Justice. Krishna Iyer,” Profession of law is a
noble and the members of the Legal profession occupy a
very high status.”
Law is the foundation of every society and it develops abiding
citizens, lawyers, academicians and aspiring judges. Legal
education in India refers to education of lawyers before their
entry into practice.

3)Historical background
Legal education in the 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 integrated degree.
After studying the scenario of legal education prior to the
ascendency of British in India it can be concluded that no strict
legal education existed.
In ancient India, dharma was the guiding source and the king
dispensed justice. He was usually advised by a Sabha of
officials.
The Mughal era marked the beginning of establishment of a
system to administer justice wherein courts to adjudicate were
set up. The requirement of legal experts was felt.
The Portugese period saw administration of justice through
courts. The decree of 1836 established a High Court in Goa. It
divided Goa into three Comarca and each Comarca had a
judge.
First concrete step in the direction of organizing legal
profession was taken in the British era through Regulating Act
of 1773which empowered to enroll advocates and Attorneys-
at-law to the Supreme Court. The Supreme Court was
established in Fort William in Bengal through a charter issued
in 1774.
Formal legal education in India came into existence in 1855
when the first professorship of law was established at the
Government Ephistone College in Bombay and Madras and
Hindu College at Calcutta. At that time the primary aim of
legal education was to equip law students so that they could
help the lower courts and the High Courts in the administration
of justice by enrolling themselves as Vakils or becoming
judicial officers, and thus serve the interests of the
Administration.
 After Independence, the situation changed completely. In
1950, we adopted a democratic form of government of which
rule of law became the foundational doctrine.
The Law Commission of India has taken preferable steps to
widen the outreach of legal education, even to the remotest
corners of our nation. Law colleges are given considerable
importance and the criteria are fixed for the admission
procedure.
In the above context, the Bar Council of India developed a
strategy of sponsoring a model law school with university
status to act as a pace-setter for legal education reforms
envisaged by its five-year integrated LL.B. curriculum.
Taking note of an urgent need to bring about reforms in the
university education generally, Parliament, in exercise of its
legislative power under Entry 66 of List I enacted the
University Grants Commission Act, 1956.
This initiative led to the birth of the first National Law
School at Bangalore in1986 which was supposed to become
"the Harvard of the East"

3) Aims of Legal Education

 Legal education should not only produce lawyers but
should be regarded as a legal instrument for social
design.
 To train students for legal profession;
 To educate the students to solve the individual client
problems as well as to solve the society problems in
which he lives;
 To provide a centre where scholars might contribute to
understanding of law and participate in their growth and
improvement;
 To inculcate students with operative legal rules and to
provide them adequate experience to apply these rules
 To point the right road for future development.
 Thus, legal education should aim at furnishing skills and
competence, for creation and maintenance of just society.
5)Objectives of legal education
The objectives of legal education may be multi-fold in a
developing democratic country like India. They are,
 To develop perceptions and to understand the problems
of one’s society and to influence values and attitudes.
 To generate different kinds of skills and knowledge
needed for tasks in society.
 To broaden opportunity and mobility in society- notably
among groups who may have been deprived.
 To develop research of value to education and society
with use of educational facilities.

6)Importance of legal education

 Legal education is a broad concept.
 It includes the profession which is practiced in court of
law, law teaching, law research and administration in
different branches where law plays a pivotal role.
 It injects a sense of equality before law.
 The standard of bar and bench is the reflection of the
quality and standard of the legal education acquired at
the law school.
 Knowledge of law increases, if one understands the
affairs of the state.
 It is necessary duty of everyone to know the law.
 Ignorance of law cannot be excused.
 Thus, legal education not only produces efficient lawyers
but also creates law abiding citizens with human values
and rights.
 Liberally, legal education serves the society by imparting
law students general and cultural education, making them
good law-abiding citizens.
 Such legal education instills the significance and
relevance of democratic culture in the students.
 legal education equips law students for fulfilling
different roles in society and discharging various law
jobs.
 Legal education is the concept of great importance and
plays a vital and significant function in the
implementation of the cherished ideals of Justice, liberty,
equality and fraternity as laid down by the framers of the
constitution.
 The encyclopaedia 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. The first thing which
 The lawyer must always bear in mind is that he/she must
spiritualize the practice of law for service of country.
 There are instances of eminent lawyers in all countries
who led a life of self-sacrifice, who devoted their
brilliant legal talents entirely to the service of their
country.
 provide a platform where legal scholars can contribute to
enhance in-depth understanding of law
 explore vacuum areas of law where law is needed
 participate in growth, evolution and improvement of
legal rules
 inculcate law students with the knowledge of operative
legal rules, both substantive and procedural
 equip the law students with sufficient knowledge of the
historical and sociological background of the country’s
legal system.
 to provide students with knowledge of the other legal
systems of the world so that the students do not find
themselves at a complete loss when it comes to adopting
a comparative approach.
 Thus, 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, is able to
contribute to national development and social change in a
much more constructive manner with their legal
education.
  The effectiveness of the administration of justice can
only be achieved if the legal education is governed not
only for the person who wishes to take the law as a
profession but for those who wish to be a responsible and
enlightened citizen.
In the developing society, the importance of legal
education has assumed a great significance.
 The object of the legal education is not restricted only
with producing legal practitioners who are experts in
litigation-oriented skills, but also to play a vital role in
which the lawyers are equipped with divergent skills,
prospective and tools with a view to making them policy-
makers, administrators and social engineers.
 Legal education is a vital link in the creation of
knowledge, concepts as well as in the application of such
concepts in society.
 The object of legal education is primarily to create
professional lawyers. With the passage of time the
spectrum of this term has widened.

7)Factors that influence legal education in India

Legal education is influenced by a multitude of factors. They
are as follows-
Governmental policy
Bar council of India
University grants commission
Affiliating universities
Private governing body of law colleges
National litigation policy
Developments in legal profession
Developments in the legal system
The kind of students who enroll
The caliber and commitment of the faculty
The infrastructure available
Technological advancements
The developments in other fields of education
The changes in the society
8) Case law

In Manubhai Vashi Vs. State of Maharashtra

Hon'ble Supreme Court held that - 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
different situations.

9) Important Agencies Regulating the Legal Education in

India
The Constitution of India originally laid down the duty of
imparting education on the States by placing 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 coordinate and determine
standards in institutions for higher education or research and
scientific and technical institutions besides having
exclusive power, inter alia, pertaining to educational
institutions of national importance, professional, vocational or
technical training and promotion of special studies or research.

Empowered by the Constitution to legislate in respect of the

legal profession, Parliament has enacted the
Advocates Act, 1961, which has brought uniformity in the
system of legal practitioners. It has also provided
for setting up of the Bar Council of India and State Bar
Councils in the States. Under clause (h) of sub-section
(1) of Section 7 of the Advocates Act, 1961 the Bar Council of
India has the power to fix a minimum academic
standard as a pre-condition for commencement of studies in
law. Under clause (i) of sub-section (1) of Section
7, the Bar Council of India is also empowered “to recognize
Universities whose degree in law shall be taken as a
qualification for enrolment as an advocate and for that purpose
to visit and inspect Universities”. The Act, thus,
empowers the Bar Council of India to prescribe standards of
legal education and recognition of Law Degrees
for enrolment of persons as advocates.
However, for promoting legal education and for laying down
standards of Legal Education, the Universities
and State Bar Councils must be effectively consulted.