DR.
RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,
LUCKNOW
LAW AND EDUCATION
2019-20
FINAL DRAFT
LEGAL EDUCATION IN INDIA- CHALLENGES AND THE ROAD AHEAD
Submitted To: Submitted By:
Dr. Shashank Shekhar Shivam
Asst. Professor (Law) Roll no. 150101122
RMLNLU, Lucknow Section B
Semester X
ACKNOWLEDGEMENT
Any accomplishment requires effort of many people and this work is no different. I take this
opportunity to thank Dr. SHASHANK SHEKHAR (Asst. Professor, Law) for providing me
valuable training and guidance at the various stages of my project. I will also remain highly
indebted to the librarian for providing the requisite research material.
Lastly I am thankful to library of Dr RMLNLU, Lucknow which has provided me the primary
and secondary sources for the completion of my project.
- SHIVAM
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Contents
LEGAL EDUCATION IN INDIA- CHALLENGES AND THE ROAD AHEAD 1
ACKNOWLEDGEMENT 2
INTRODUCTION 3
DEVELOPMENT OF LEGAL EDUCATION IN INDIA 3
PRE- COLONIAL ERA 4
⮚ Vedic Era 4
⮚ Mughal Era 5
COLONIAL ERA 5
DEVELOPMENT OF LEGAL EDUCATION IN FREE INDIA 7
REFORMS IN LEGAL EDUCATION IN INDIA 8
I. Bar Council of India 8
II. University Grants Commission 9
CHALLENGES IN LEGAL EDUCATION IN INDIA 10
CONCLUSION 11
REFERENCES 11
3
INTRODUCTION
Anand A.S., ―Legal Education in India — Past, Present and Future‖, (1998) 3 SCC (Jour) 1
Report Of 14th Law Commission Of India Report On Reform Of Judicial Administration, Chapter 25 Para 32
(1958).
Report of National Knowledge Commission, 2007
184th Report (Law Commission of India, 2002)
Professional Legal Education in India: Challenges and the Way Forward- Amit K Kashyap.
Law is a special calling demanding high quality of study and research and commitment to the
cause of justice. This is one of the reasons why a lawyer has been referred to as a member of a
profession, as one pursuing a learned act by Roscoe Pound. The study of law must, therefore, be
of that quality and standard as would justify Pound‘s description of a professional. However,
there has been immense criticism of the quality of the Bar. The ‗basic structure‘ of the legal
system is unarguably the area of legal education as only after acquiring the same do people
become advocates and Judges subsequently. This, the law University or the entire body of law
students determine the quality of not only the Bench and the Bar but affect largely the legal
system. The Bar and the Bench are but reflections of the prevailing legal education scenario.
Thus, the quality of the legal education system is an imperative determinant of the legal systems
which ultimately comprises the Bar and the Bench.
This project traces the history of Legal Education in India during the pre-colonial era and
transformation of legal education in colonial era, with particular reference to the evolution of its
teaching mission and how that mission should be framed for the future. It then provides an
overview of current initiatives and measures of reforms in Indian Legal Education.
DEVELOPMENT OF LEGAL EDUCATION IN INDIA
In examining the development of legal education in India, this part highlights the trends in three
important phases of history, namely the Pre-Colonial Era, the Colonial Era and in free India.
4
These three periods represent distinct religious and non religious ideologies with peculiar
features which influenced the society's perception of law and need for trained legal professionals.
PRE- COLONIAL ERA
⮚ Vedic Era
Legal Education in India could be traced from as early as the Vedic age, when it was essentially
based on the concept of Dharma. However, there is no hint of any formal legal education offered
at that time the training in law was self-learning and mostly the kings themselves dispensed
justice. Occasionally, judges were appointed to administer justice. These judges were not
formally trained in administration of justice but were well known for their ―righteousness and
justness" and for following Dharma.1
The Vedas were the original sources of law, and the Smiritis announced the message of the
Vedas. The Smritikars were great jurists,2 of which, Gautama, Bondhayana, Apastambh, Harita
and Vaishta were particularly respected for their Dharmasutras, 3 which were considered most
ancient expositions on law. Life in India during this period was simple and the form of judicial
procedure was less complicated than that of western countries.4The basic concept of education in
ancient India was to provide correct direction in the various spheres of life. 5 Education was
aimed at teaching Dharma Righteousness, recognizing that "Man is potentially divine, but is the
victim of his ignorance, passions and immoral tendencies, created by his own past
actions(karma)"6 Thus, the goal of education, as well as the Hindu religion, is to overcome these
weaknesses.
1 Dr. Justice A.S. Anand, H.L. Sarin “Memorial Lecture: Legal Education in India — Past, Present and Future”,
(1998) 3 SCC (Jom).
2 Sharma S.K, ―Legal Profession in India, Sociology Of Law And Legal Profession: A Study Of Relations
Between Lawyers And Their Clients‖, 43 (ed., Rawat Publications, Jaipur, 1984).
3 Dharmasutras are theoretically a part of Vedic literature, which entails that they are considered to be revealed texts
transmitted to humans by ancient sages (Rhushi). See Gavin D. ―Flood, Theblackwell Companion To Hinduism‖,
104 (Blackwell, 2003).
4 Abbe J.A. Dubois, ―Hindu Manners, Customs And Ceremonies‖, 662 (Reprint, Book Faith, New Delhi, 1999)
5 Katha Upanishad (iii,6)available at http://www.atributetohinduism.com/ Education in Ancient India.htm
6 Bansi Pandi, ―Hindu Dharma‖, 55, (B & V Enterprises, Inc., Illinois, 1996), citing, Manu 7.2.
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Therefore, in absence of a need for trained legal professionals, there was no institutionalization
of legal education as a separate branch but the same could be said to have been imparted as a part
of general education which revolved around the notion of Dharma.
⮚ Mughal Era
The Mughal period in India began with the invasion by Babar in 1525 and extended till the
ascendancy of British dominion in India. During this period the Emperor was the head of the
judiciary. As Islamic jurisprudence is derived from the Quran, it is treated as immutable by any
human agency. Further, the Sunna, which helped in explaining the Quran also became a major
source.7 ―A system of courts, following formal procedures, to adjudicate criminal and civil
cases, came to be established with Mughal rule. The adoption of rules of evidence, introduced
further complexities in administration and seeking of justice.
These changes in the legal system necessitated the involvement of legal experts, who were
addressed as Vakils.8Also, two Mughal Codes, the Figh-e-Firoz Shahai and the Fatwa-e-
Alamgiri were adopted to deal with the duties of Vakil. 9 Though the Mughal legal system was
extended mostly to the towns, in religious matters, disputants were allowed to settle their
disputes in accordance with their religious, including Hindu, customs.10 Further, at the village
level, Panchayats continued to exercise their powers to adjudicate on most disputes except those
involving serious crime. However, an unsatisfied party could prefer an appeal from the decision
of the Panchayat before the court established under the Mughal law.
Thus, legal assistance became increasingly necessary as the administration of justice became
more complex.
COLONIAL ERA
The modern Indian legal profession dates from British rule with the establishment of law courts
in Madras, Bombay and Calcutta in the year 1726. However no specific qualifications were laid
down for persons who act or plead as legal practitioners before these courts. This trend seems to
have continued even after passing subsequent Charter in 1753 and the Regulating Act, 1773.
7 Sushma Gupta, ―History of Legal Education‖, 51 (Deep & Seep Publications (P) Ltd., New Delhi, 2006).
8 Misra. B.B. ―The Indian Middle Classes‖, 162-163 (Oxford University Press, Bombay, 1961).
9 Sujanainnggnh, L, ―legal Aid: Human Right to Equality‖, 72 (Deep and Deep 1996).
10 Philips B. Calins, ―A Note on Lawyers in Muslim India‖, XIII (3 & 4) Indian Bar Review,373 (1986).
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For the first time, the Bengal Regulation VII of 1793 established regular legal profession for the
East India Company's Courts. This Regulation controlled the appointment of Vakils in civil
judicature courts in the provinces of Bengal, Orissa and Bihar and conferred special powers on
the Sudder Dewani Adalat11 to enroll pleaders12. The profession gained momentum in the first
half of the 19th century by virtue of the Bengal Regulation XII of 1833 and the Legal
Practitioners Act, 1846, which allowed persons with prescribed qualifications to enroll as
pleaders irrespective of their nationality and religion. New phase in the development of legal
profession in India began with the East India Company's rule in 1857 and setting up of a unified
judiciary under the Indian High Courts Act of 1862.13
The Legal profession became distinct in 1883 when a Law Commission was established to
codify the laws in India.14 The early legal education emphasized practical training, due in part to
the need for more judges and lawyers resulting from the passing of the governance of India to the
Crown in 1858. Legal education during the British India period continued as a two year program
with traditional lecture method.15 The First Indian University Commission recommended in 1902
that a Bachelor‘s degree either in science or arts be required as a qualification to join the LL.B.
degree course. In 1910, the Chagla Committee concluded that a law student should spend at least
6 years in legal education before qualifying as a lawyer. The constitution of the Radha krishna
Commission in1948-49 highlighted the lack of internationally known expounders of
jurisprudence and legal study in Law Colleges.
The beginning of formal legal education in 1855 and the call for reforming legal education made
as early as 1885 clearly shows lack of seriousness in offering quality legal education. The
process of formalizing legal education was slow and very little efforts were made on improving
the content of legal education. Therefore, not surprisingly most of the efforts to improve legal
education were confined to institutionalize and regulate legal education and completely ignored
the content pedagogy of legal education.
11 JAIN. M.P. ―Outlines Of Indian Legal Hisotry‖, 118 (Wadhwa &Co, Nagpur, Reprint, 1999).
12 Mehta P.L., & Sushma Gupta, ―Legal Education And Profession In India‖, 42 (2000).
13 Sharma S.K, ―Legal Profession In India, Sociology Of Law And Legal Profession: A Study Of Relations
Between Lawyers And Their Clients‖, 43 (ed., Rawat Publications, Jaipur, 1984) at 48.
14 Raaii, ―History Of Courts, Legislature & Legal Profession In India‖, 340 (Allahabad Law Agency, Faridabad,
1977).
15 Report Of 14th Law Commission Of India Report On Reform Of Judicial Administration, Chapter 25 Para 32
(1958).
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DEVELOPMENT OF LEGAL EDUCATION IN FREE 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. 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 Law and justice can no longer remain distant
neighbors. To achieve the constitutional goal of access to justice, legal system should ensure
moderate court fee, availability of affordable, competent and socially relevant lawyers.
Unfortunately, there is a general feeling that legal education in India is not ―meaningful" and
"relevant”.17 The way legal education has been structured in India appears to suggest that it is
intended to provide students only with some knowledge of statutes.18
The curriculum is neither helpful in shaping aspiring lawyers in their traditional roles of problem
solvers nor in their expanded roles of arbitrators, counselors, negotiators or administrators. Due
to prolonged neglect of legal education, numerous substandard institutions and ―teaching
shops," with abnormally large number of students, grew up around the country. 19 As a result,
admissions to Law Schools became disorganized58 and the quality of the students was poor.
With few exceptions, the Law Colleges failed to attract brighter students to the legal profession.20
The approach used in classroom teaching was the outdated lecture method. More emphasis was
given in verbal analysis of a rule or a judgment. Little or no attention was paid to the underlying
principles or social intricacies that resulted in the making of a particular rule. Students had no
exposure to the policy underlying the law, the function of the law, or the needs of the nation and
the expectations of the people.21 In its 1958 report, the Law Commission of India painted a bleak
picture of the standards of legal education: "The portals of our law teaching institutions manned
by part-time teachers open even wider and are accessible to any Graduate of mediocre ability and
indifferent merits there is hardly a pretence at teaching this character is followed by law
16 Dr. Justice A. S. Anand, H.L. Sarin Memorial Lecture: ―Legal Education in India — Past, Present and Future‖,
(1998) 3 SCC (Jom).
17 N.L. Mitra, Legal Education in India, Conference of International Legal Educators Florence, Italy. (2000)\
available at http://www.aals.org/2000intemational/english/India.htm.
18 Chairman BCI, available at http://www.barcouncilofIndia.org/bar-council/chairman php.
19 I.P. Massey, ―Quest For Relevance' in Legal Education”, 2 SCC (Jour) 17 (1971).
20 Taylor Von Mehren, ―Law and Legal Education in India: Some Observations‖, 78 HARV. L. RE v. 1186
(1965).
21 Mohammad Ghouse, Taylor Von Mehren, ―Law and Legal Education in India: Some Observations‖, 78 HARV.
L. REv.1186 (1965).
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examinations which the Students manage to pass by cramming short summaries published by
Enterprising publishers the result, a plethora of LL.B., half-baked lawyers, who do not know
even the elements of law and who are let loose upon society, As drones and parasites in different
parts of the country.22
REFORMS IN LEGAL EDUCATION IN INDIA
I. Bar Council of India
All the issue relating to admissions, practice, ethics & standards are addressed by BCI in
consonance with state bar councils. The powers of BCI are also envisaged under Advocates Act,
1961 under Section 7. Section 49 provides powers to BCI to make rules with respect to legal
education & related matters.
While exercising the powers given under Advocates Act, BCI has successfully done many
reforms in Legal education like introduction of five years integrated degree program in Law in
1982. This system has since been gradually adopted in various Universities and Colleges. In
1987, NLS was established at Bangalore by the Bar Council of India. 184th Report (Law
Commission of India, 2002) of the Law Commission of India in year 2002 suggested for
harmonious construction of UGC & BCI powers & regulation of legal education in India through
joint committees. It also recommended for examination to be conducted for enrollment of
advocates in Bar.23 In the year 2007, the National Knowledge Commission submitted it’s for
reforms in legal education & suggested for steps to be taken for justice oriented education in
field of law.
NKC further recommended for improvement of quality in legal education through establishment
of independent regulatory body for dealing with all aspects of legal education
("Recommendations on Legal Education", 2008). The report somewhere reflects to recommend
for more experiential learning & industry linkage to train future lawyers in better way.24
22 The Law Commission Of India, Report On Reform Of Judicial Administration (1958).
23 Law commission of India, 2002. 184th Report. New Delhi: Government of India, Part 1.
24 Recommendations on Legal Education. 2008. National Knowledge Commission’s Blog. Retrieved from https://
nationalknowledgecommission.wordpress.com/ category/recommendations/legal-education/.
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II. University Grants Commission
The University Grants Committee was established in 1945. In the beginning, the Committee was
empowered to supervise the work of the three Central Universities of Aligarh, Banaras, and
Delhi. In 1947, the Committee was entrusted with the responsibility of overseeing all the
Universities existing in India.25 The UGC was established to look after the University system and
it has no expertise to deal with each branch of higher education. It established a panel on legal
education which was presided over by the retired Chief Justice of the Supreme Court of India.
The purpose of this panel was to guide and standardize the legal education. Unfortunately, it has
done nothing significant in improving standards of legal education in India.26
However, the UGC did appoint a Curriculum Development Centre in Law at University of Delhi
(here in after Baxi Committee) in 1986, to give advice on standardizing curriculum for graduate
and post-graduate course with Prof. Upendra Baxi, appointed as its chairman. The CDC
considered various alternatives for fundamental transformation of the LL.B. curriculum. As the
CDC felt that such a radical transformation is not possible at the national level, it considered a
multidisciplinary enrichment of law curriculum. For example, the traditional classification of
substantive and procedural subjects results in missing the understanding of close relation
between the two. In the same way, the traditional division between public and private law, civil
and criminal law, mercantile and labor law results in specialization only in one area without
knowing the other part, even though both branches are interrelated. Therefore, the CDC
advocated the regrouping of existing and additional subjects and to integrate them. The purpose
of such integration was to prescribe LL.B. curriculum, which is capable of offering a string of
related core courses with specialized optional areas.
The efforts of UGC unlike BCI, concentrate on developing curriculum and working conditions of
the teachers and their qualifications. Particularly, the first CDC report by Prof. Baxi advocated
for socially relevant legal education and spent considerable time on improving legal pedagogy.
The second CDC laid more emphasis on making model curriculum and incorporating legal
pedagogy in post graduate course in law. Many Law Colleges have been benefited by such a
model curriculum, and the advantage with the second CDC report is that it contains the
25 http://www.ugc.ac.iniabout/genesis.html.
26 N.L.Mitra, Legal education in India, Conference of International Legal Educators, Florence, Italy (2000)
available at http://www.aals.org/2000international/english/India.htm.
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objectives of the subject and the books for reference. Due these special efforts, the colleges were
encouraged to adopt the transition smoothly.
CHALLENGES IN LEGAL EDUCATION IN INDIA
The legal education in India is currently undergoing a transformation phase. Law as a career is
going potential again in 21st century due to globalization but unfortunately Indian legal
education has grown at pace with globalization. Globalization has posed varied challenges to
legal education in India, but has brought opportunities.
1. The new and emerging law schools in race of having international existence & achieving
high standards cannot afford to limit their focus to teaching and research on issues
relating to Indian law only & thus are giving a tough competition to existing government
funded law colleges & universities. The students are participating in international events
& discussions to get global exposure & have given their contribution in international
moot competitions in matters such as maritime law, international dispute resolutions,
investment law etc. To train these students up to the level to compete with students of
developed countries is a great challenge for law schools there days. The most stimulating
task is to attack a proper balance to ensure that students are taught a fair mixture of
Indian laws & international law. Thus, an immediate challenge is to improve the quality
of legal education in a vast majority of law schools in the country.
2. The objective of starting five year integrated law course in India was to produce good &
trained lawyers through rigorous preparation who will help in reducing backlog of cases
in lower courts & raise the standard of profession with a view to creating a rule-of-law
society. But, they do not want to become mofussil lawyers going to the District Courts or
Tehsil Courts. Most of these students join corporate sector where they get heavy pay-
packets in the beginning itself. Thus, the objective of providing justice education stand as
it is when the trained students do not join the justice delivery system.
3. Another issue in the slow development of legal education in India is lack of researchers
in law and absence of due emphasis on research and publications in the existing law
schools have led to the absence of an intellectually vibrant environment. Research can
contribute significantly towards improvement in teaching and, more importantly,
addressing numerous challenges relating to law and justice. If one is to look at the faculty
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profile of the world’s top law schools, he/ she will find that there is great emphasis on
research and publications among academics. But in India the research initiates in legal
fraternity is not at par with other disciplines.
CONCLUSION
National law school model established post independent Indian legal education has done a great
job in development of legal education in India with a strong commitment to improve existing
legal infrastructure. Certainly, with this spirit, these schools have also phased critical changes in
syllabus and structure to cater to the new generation of lawyers. We have to prepare ourselves
well with the purpose of keeping pace with the current developments and to meet demands of the
future. Improving legal education through model law schools was second generation reform but
now the third generation reform needs to internationalization of legal education.
REFERENCES
⮚ Anand A.S., ―Legal Education in India — Past, Present and Future‖, (1998) 3 SCC
(Jour) 1.
⮚ N.R. Madhava Menon, The Transformation of Indian Legal Education – A Blue Paper,
2012 Harvard Law School Program on the Legal Profession
⮚ Professional Legal Education in India: Challenges and the Way Forward- Amit K
Kashyap.
⮚ Sushma Gupta, ―History Of Legal Education”, 51 (Deep & Seep Publications (P) Ltd.,
New Delhi, 2006) at 70.
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