UNIT I – Right to Education- A Constitutional Perspective

Introduction

Education as a tool is the most potent mechanism for the advancement of human beings. Education
emancipates the human beings and leads to liberation from ignorance.it are important to eradicate
poverty and uplift the backward society. Education is now being visioned as a human right and an
instrument of social change.

Education is the This right to education also ensures to the provision of basic education for those who
have not completed their basic education .Right to education includes the right to free, compulsory
primary education for all, an obligation to develop secondary education accessible to all and an
obligation to develop equitable access to higher education .

I. RTE under Directive Principle of State Policy

Originally Right to Education was in Part IV of the constitution in Article 45 of the Directive Principle of
State Policy (DPSP). It was in 1950 when this was put into the Constitution to provide quality education.
But the government failed to keep this promise. Since DPSP are not enforceable by any court but the
government has to keep in mind DPSP while making, enforcing and implanting any law.

No provision in the Constitution of India is prior to any other provision of the constitution. So, Article 45
which, was under DPSP (Part IV), was not enforced. Moreover, India’s education system was not
adequate and compatible enough to provide education to every child in the country.

JUDICIAL INITIATIVE

CAPITATION FEE CASE

Mohini Jain v State of Karnataka & others

Under this case law, A girl named Mohini Jain was offered admission to a Private Karnataka Medical
College but, the fee charged was too high that her father was unable to pay the fees. On this ground, her
admission to the medical college was denied. The court held that charging high fees from students
denies their right to education. Article 21 of the Indian Constitution thus, includes the right to education
at all levels. But in this case, the court didn’t set up the age to which the Right to compulsory and free
education was guaranteed.

Unni Krishnan J.P & Ors. v. State of Andhra Pradesh & Ors.

Mohini Jain’s case was extended in this case as it was to bring more clarity to the decision taken in
Mohini Jain’s case. The important issue that arose under Unni Krishnan case law was to know the scope
of the educational right under Article 21 of the Indian Constitution and whether it extends to adult
professional education.

This case restricted the fundamental right to education as it was held that educational rights will be
available up to the age of 14 years. After 14 years the state’s obligation of providing compulsory
education will depend on its economic capacity and development.

TAPAS MAJUMDAR COMMITTEE (1999)

In 1999, Tapas Majumdar Committee was set up by the NDA government. This was the committee that
recommended the insertion of Article 21A in the Indian Constitution to provide Compulsory and free
education up to the age of 14 years.

86 TH CONSTITUTIONAL AMENDMENT ACT, 2002

This Constitutional Amendment was of immense importance as it led to the insertion of Article 21A.
According to this article, the government must provide free and compulsory education to children
between the age of 6-14 years. This amendment led to the substitution of a new article for article 45 by
adding a new provision to it that focuses on the education of children below six years of age and early
childhood care. 86th Constitutional Amendment also added a clause (k) to article 51A that specifies the
duty of the parents/guardians to provide education to their children between the age of 6 to 14 years.

1. For the betterment of society, people, and their standard of living, the Directive Principles of
State Policy (DPSP) have been put in place.
2. These principles aim to create favorable social and economic conditions for the citizens to have
a decent standard of life.
 3. In a nutshell, paving way for the social and democratic welfare of the state is the ultimate aim of
the Directive Principles.
4. Article 45 revolves around the necessity to impart free-of-charge education. It also talks about
making quality education compulsory for children.
5. Let us delve deeper into the details of Article 45 and gain a complete understanding of it.

Article 45 of the Indian Constitution

The Directive Principles of State Policy’s Article 45 sets the groundwork for free and universal education
in the nation.

 “The state shall endeavor to provide, within 10 years from the commencement of
this Constitution, for free and compulsory education for all children until they finish the age of
fourteen years,” the article declares.
 Article 45 acknowledges the child’s right to an education and instructs the state to make primary
education mandatory and available to everyone.
 Additionally, it promotes the growth of a variety of secondary education options, such as
general and vocational education, and makes them accessible to all children.

Article 45 takes the necessary actions, such as enforcing a free education policy and offering financial aid
when necessary.

1. Article 45 of the Indian constitution is a part of the Directive Principles of State Policy (DPSP). It
is included in Part IV of the Indian Constitution.
2. The Constitution provides that the State will take upon itself the onus to provide free as well as
compulsory education for all children. This would continue till they attain fourteen years of age.
This shall be done within ten years from the inception of the Constitution.
3. For the enactment of the 86th Amendment of the Indian Constitution, 2022, Article 45 has been
revised. This was done to restrict its scope for providing primary education up to the age of six
years.
4. In addition to that, the State shall make every effort to provide all children with early childhood
care.

II. RTE as a Fundamental Right

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to
provide free and compulsory education of all children in the age group of six to fourteen years as a
Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free
and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged
under Article 21-A, means that every child has a right to full time elementary education of satisfactory
and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE, Act came into effect on 1 April 2010. The title of the RTE Act incorporates the
words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been
admitted by his or her parents to a school which is not supported by the appropriate Government, shall
be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and
completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate
Government and local authorities to provide and ensure admission, attendance and completion of
elementary education by all children in the 6-14 age group. With this, India has moved forward to a
rights based framework that casts a legal obligation on the Central and State Governments to
implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance
with the provisions of the RTE Act.

The RTE Act provides for the:

 Right of children to free and compulsory education till completion of elementary education in a
neighbourhood school.
 It clarifies that ‘compulsory education’ means obligation of the appropriate government to
provide free elementary education and ensure compulsory admission, attendance and
completion of elementary education to every child in the six to fourteen age group. ‘Free’
means that no child shall be liable to pay any kind of fee or charges or expenses which may
prevent him or her from pursuing and completing elementary education.
 It makes provisions for a non-admitted child to be admitted to an age appropriate class.
 It specifies the duties and responsibilities of appropriate Governments, local authority and
parents in providing free and compulsory education, and sharing of financial and other
responsibilities between the Central and State Governments.
 It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings
and infrastructure, school-working days, teacher-working hours.
  It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio
is maintained for each school, rather than just as an average for the State or District or Block,
thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for
prohibition of deployment of teachers for non-educational work, other than decennial census,
elections to local authority, state legislatures and parliament, and disaster relief.
 It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite
entry and academic qualifications.
 It prohibits (a) physical punishment and mental harassment; (b) screening procedures for
admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of
schools without recognition,
 It provides for development of curriculum in consonance with the values enshrined in the
Constitution, and which would ensure the all-round development of the child, building on the
child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety
through a system of child friendly and child centered learning.

III. Salient features of Right to Education (RTE) Act, 2009

 The RTE Act aims to provide primary education to all children aged 6 to 14 years.

 It enforces Education as a Fundamental Right (Article 21).

 The act mandates 25% reservation for disadvantaged sections of the society where
disadvantaged groups include:

o SCs and STs

o Socially Backward Class

o Differently abled

 It also makes provisions for a non-admitted child to be admitted to an age appropriate class.

 It also states that sharing of financial and other responsibilities between the Central and State
Governments.
 It lays down the norms and standards related to:

o Pupil Teacher Ratios (PTRs)

o Buildings and infrastructure

o School-working days

o Teacher-working hours.

 It had a clause for “No Detention Policy” which has been removed under The Right of Children to
Free and Compulsory Education (Amendment) Act, 2019.

 It also provides for prohibition of deployment of teachers for non-educational work, other than
decennial census, elections to local authority, state legislatures and parliament, and disaster
relief.

 It provides for the appointment of teachers with the requisite entry and academic qualifications.

 It prohibits

o Physical punishment and mental harassment

o Screening procedures for admission of children

o Capitation fee

o Private tuition by teachers

o Running of schools without recognition

 It focuses on making the child free of fear, trauma and anxiety through a system of child friendly
and child centred learning.

Achievements of Right to Education Act, 2009

 The RTE Act has successfully managed to increase enrolment in the upper primary level (Class 6-
8).

 Stricter infrastructure norms resulted in improved school infrastructure, especially in rural areas.

 More than 3.3 million students secured admission under 25% quota norm under RTE.
 It made education inclusive and accessible nationwide.

 Removal of “no detention policy” has brought accountability in the elementary education system.

 The Government has also launched an integrated scheme, for school education named
as Samagra Shiksha Abhiyan, which subsumes the three schemes of school education:

o Sarva Shiksha Abhiyan (SSA)

o Rashtriya Madhyamik Shiksha Abhiyan (RMSA)

o Centrally Sponsored Scheme on Teacher Education (CSSTE).

V. National Education Policy Origin-Origin and Evolution

1. First Five-Year Plan (1951-1956): The first National Education Policy was formulated during the first
Five-Year Plan in 1952. The policy emphasized the importance of education in national development
and focused on expanding access to education and improving the quality of education in the
country.
2. Second Five-Year Plan (1956-1961): The second National Education Policy was formulated during the
second Five-Year Plan in 1960. The policy emphasized the need for a unified national education
system and recommended the establishment of a national system of education with a common
curriculum and examination system.
3. Education Commission (1964-1966): The Education Commission, also known as the Kothari
Commission, was established in 1964 to review the progress of education in India and make
recommendations for the future. The Commission’s report, published in 1966, recommended a
national system of education with a common structure and curriculum and emphasized the
importance of vocational education and teacher training.
4. National Policy on Education (1968): The National Policy on Education was formulated in 1968
based on the recommendations of the Kothari Commission. The policy emphasized the need for a
unified national education system with a common structure and curriculum and emphasized the
importance of vocational education, teacher training, and adult education.
5. New Education Policy (1986): The New Education Policy was formulated in 1986, replacing the
National Policy on Education of 1968. The policy focuses on the need for a child-centered and
activity-based approach to learning. It also recommends the establishment of a three-tier system of
education (elementary, secondary, and higher education).
6. National Policy on Education (1992): The NPE was revised in 1992 to reflect the changing needs of
society. The policy emphasized the need for a flexible and diversified education system. It
recommended the establishment of a national system of vocational education and training.
7. National Education Policy (2020): The latest National Education Policy was formulated in 2020 after
a gap of almost three decades. The policy emphasizes the need for a holistic and multidisciplinary
approach to learning. It also recommends the establishment of a four-tier system of education
(Foundational, Preparatory, Middle, and Secondary). The policy also recommends reforms in teacher
education, curriculum development, and assessment practices, among other things.
Overall, the evolution of the National Education Policy in India reflects the changing needs of society and
the economy.

THE NATIONAL EDUCATION POLICY 2020

The National Education Policy 2020 is the recent addition to the list of comprehensive education policies
in India. It is a revolutionary step to create a holistic education system by 2030 and provides equitable
and lifelong learning opportunities for students.

NPE 2020 envisions the new education system that can meet the needs of the dynamic landscape. And it
is the first of its kind that aims to make India a global knowledge superpower.

A. The Origin

Keeping in mind the development goal of the whole country, the Indian government decided to change
the educational policy of India after 34 years. To formulate a new education policy, the Central
Government in 2017, under the chairmanship of the Kasturirangan committee, drafted the National
Education Policy 2019. In India, in July 2020, the Central Government approved the National Education
Policy 2020. In relation to this approval, Prime Minister Shri Narendra Modi tweeted and Human
Resource Development Minister Shri Ramesh Pokhriyal Nishak informed the public at the press
conference. It was also clarified that the Ministry of Human Resource Development has been renamed
"Ministry of Education".
B. Goals of NEP 2020

Educational policies in India have been instrumental in improving the conditions of education at the
basic level. However, recent educational policy faces the greatest challenge of all time. As announced
right in the middle of the pandemic.

Overall, the need for this policy was to improve general life skills training to develop employability skills
in students. However, the pandemic created an additional opportunity to revamp the outdated
education system.

NPE 2020 goals include bringing approximately two crores of out-of-school students back into the
mainstream system. In addition, it also aims to align the new education system with the 21st century
vision of learning.

C. The Structure and ECCE

The 10+2 schooling structure is now changed to 5+3+3+4 (covering age groups from 3 years to 18 years).
This makes Early Childhood Care and Education part of the main structure. Because previous children
from 3 to 6 years old were not included in this structure (class 1 starts at 6 years old).

Policymakers aim to invest more in early childhood care and education as millions of students in India
are deprived of ECCE. It suggests creating a framework (National Early Childhood Care and Education
Curricular and Pedagogical Framework) based on research on ECCE and best practices followed in the
industry. This will improve the quality and accessibility of ECCE throughout the country, with more
trained workers/teachers and better infrastructure.

D. Universal Access to Education

1. With some notable results from the Samagra Shiksha Abhiyan and the Right to Education Act,
the enrollment and retention of students at the primary levels is much better. However, the
policy highlights an area of ??opportunity for the upper grades where the gross enrollment rate
for classes 6-8 and 9-10 was only 90.90% and 79.3% respectively. In grades 11-12 it drops even
further to 56.5%.
2. The policy highlights the need to retain students in the upper grades. And it aims to create
opportunities for quality learning (including vocational education) from preschool through grade
12.
 3. To do this, policymakers have drawn up two plans. The first is to support schools with the
necessary infrastructure and teaching support. And restore public schools for quality learning.
The second plan is to track students and their learning levels. To ensure student retention, the
policy suggests that social workers and counselors work closely with students and parents.
4. Apart from this, the policy provides for a system of incentives for the same purpose. However,
this will be done after the infrastructure and participation is established.
5. The policy equally supports non-formal education through options such as homeschooling, NIOS
or other alternatives (such as digital education, etc.). It recognizes alternative modes of
schooling similar to other educational policies in India.
Four steps of new education policy

a. Foundation Stage: The Foundation Stage of the New Educational Policy for children from 3 to 8 years
old is included. The Foundation Stage has been set for 5 years. In which 3 years of pre-school education
will be held in Anganwadi and class 1, 2 school education under which language skills and ability level of
students will be tested and focus on their development.

b. Preparatory Stage: The time of this stage is maintained for 3 years. This stage includes children from 8
to 11 years old. In which he will have children up to grade 5. At this stage of the new educational policy,
special attention will be paid to strengthening the numerical skills of students. At the same time, all
children will also be given knowledge of the regional language. Along with this, the children will be
taught science, art, math, etc. through experiments.

c. Middle Stage: The period of this stage has been set at 3 years. In this stage, children from 6th to 8th
grade have been included in whom the curriculum will be taught by subjects and coding will also begin
from 6th grade children. At the same time, all children will have the opportunity to take vocational tests
and vocational internships, the aim of which is to make children eligible for employment only during
school education.

d. Secondary Stage: The period of this stage is 4 years. This is from 9th to 12th grade. In this, an
intensive study of the topics will be made. Here, students can choose their subjects according to their
choice, not within a specific stream. Students can simultaneously take the subjects of Science and Arts
or Commerce.

E. Higher education
Turning the pages of the NEP-2020 we find the plan to remodel higher education in the country. It talks
about establishing renowned universities with high standards. It will establish a National Research
Foundation (NRF) to fund research at universities and colleges. The gross enrollment rate at HE,
including vocational education, will increase from the current 26.3% (2018) to 50% by 2035. Research
will be included at UG, PG level and will have a holistic and multidisciplinary educational approach.
Pedagogy in HEIs will focus on communication, presentation, discussion, debate, research, analysis, and
interdisciplinary thinking. Four-year bachelor's degree with multiple exit options, one- to two-year
master's depending on the number of years spent on the bachelor's degree as four or three respectively,
and the option to do a Ph.D. for four years Bachelor's degrees with research are possible. Two-year
master's degree with full research in the second year, one year master's degree for four-year bachelor's
degree, and five years integrated bachelor's/master's degree. Student-centered teaching and learning
process instead of the teacher-centered teaching model.

F. Curriculum for Better Student Engagement

The curricular and pedagogical structure will be restructured to adapt to the development needs of the
students. Their goal is to create a more interactive classroom with plenty of opportunities for
experiential learning. In the secondary stages, the focus will be on improving critical thinking, attention
to life aspirations, and flexibility.

G. Focus on Local Languages and Mother Tongue

The policy emphasizes instruction in the home language through grade v. High-quality textbooks must
be available in the native language.

H. Physical Education

Under the new educational policy 2020, along with the education of students, skills will also be
developed. In which all the students of the minimum class will be trained in subjects such as
Horticulture, Yoga, Music, Dance, Sports, Sculpture, etc. So baby Competent in physical activities as well
as other skills.

I. Teacher’s Recruitment

Of all the education policies in India, NEP 2020 focused more on the critical aspect of developing the
technological knowledge of teachers. It emphasized the use of online teacher training modules and with
the aim of developing online platforms for teachers to share their best practices. The policy also
addressed sensitive issues such as teacher transfers. And it aims to make the transfer process more
transparent through automated modes. In addition, TETs (Teacher Eligibility Tests) will also be
strengthened to improve the overall hiring process.

J. Education through Online Mode

Within the framework of NPE 2020, e-learning platforms will be expanded. Through the 'Digital India
Campaign', the Government of India launched various online learning platforms and tools. Platforms like
'SWAYAM', 'DIKSHA' and SWAYAMPRABHA were introduced in the system for online classes. And in the
coming years, such platforms will be further developed for students.

Post-pandemic, our recent education policy in India also addresses the challenge of the digital divide.
And to that end, policymakers are focusing on improving the use of mass media (such as radio,
television and community audio, etc.) for students who do not have enough digital support.
 UNIT II- LEGAL EDUCATION

1. Meaning of Legal Education in India

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 calling 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.

II. Genesis
Historically speaking, legal education traces back to ancient period, where the kings and princes were
given teachings about dharma and nyaya. Then the concept of legal representatives came into existence
during mughal period. Legal education was in existence even before Indian independence as many of
our freedom fighters are from legal background. But, it gained its significance only in post-independence
period. Law courses are offered for a term of three years in some traditional universities but it can be
pursued only after getting a degree.
The genesis of legal education in India can be traced back to the time of British rule. During the British
colonial period, the study of law was introduced to train Indian citizens for administrative and judicial
roles in the colonial government. The first law college in India, the Faculty of Law, University of Calcutta,
was established in 1909.

Since then, the legal education system in India has evolved and expanded. Today, there are numerous
law schools and universities offering undergraduate and postgraduate programs in law across the
country. The Bar Council of India is the regulatory body responsible for ensuring the quality and
standards of legal education in India. Legal education in India combines theoretical knowledge with
practical training. Students learn about various branches of law, such as constitutional law, criminal law,
civil law, corporate law, and international law. They also undergo practical training through internships,
moot court competitions, and legal aid clinics to develop practical skills. Legal education plays a crucial
role in producing competent lawyers and legal professionals who contribute to the justice system and
uphold the rule of law in India.

Later, introduction of five years law courses and establishment of National Law University at Bangalore
have made legal education quite popular in twenty first century. At present, there were about 21
national law universities in India and about 1200 law colleges including public and private universities.
This article deals with the role of bar council of India regulating the legal education in India.

Aims of Legal Education

Legal education should not only produce lawyers but should be regarded as a legal instrument for social
design. The main aims of legal education are as follows:
To train students for legal profession;
To educate the students to solve the individual client’s problems as well as to solve the society’s
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.

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. The importance of legal education cannot be over- emphasized in a
democratic society. 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.
Roles of Legal Education

The main roles are −

 To develop the varied knowledge and skill sets required for social tasks. This increases social
mobility and possibilities, particularly for marginalized groups.
 Forming values and actions, understanding social challenges, and forming beliefs.
 Utilizing educational resources and develop interest−based research for education and
community.

III. Legal Education Statutes in India

The Bar Council of India is a statutory body that was created and established by Parliament under the
Advocates Act, 1961 to regulate the legal practice and legal education in India.It regulates legal
education and professional standards in India including directing the State Bar Councils, standardizing
law education and course framework at the universities and law colleges in India as well as conducting
the All India Bar Examination (AIBE) to grant ‘Certificate of Practice’ to advocates practicing law in India.

Structure of Bar Council of India

The Bar Council of India consists of 18 members. The Attorney General of India and the Solicitor General
of India are Ex-officio members of the council and the other 16 members represent the 16 State Bar
Councils in the country. The members are elected for five years and the chairman and vice-chairman are
elected for two years from among the members of the Bar Council of India. The Bar Council further
consists of various committees viz., Legal Education Committee, Disciplinary Committee, Executive
Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules Committee and various
other committees forms to look into specific issues arising from time to time.

Functions of Bar Council of India

The following statutory functions under Section 7 of Advocates Act, 1961 cover the Bar Council’s
regulatory and representative mandate for the legal profession and legal education in India:
 To lay down standards of professional conduct and etiquette for advocates

 To lay down the procedure to be followed by its disciplinary committee and the disciplinary
committee of each State Bar Councils

 To safeguard the rights, privileges and interests of advocates

 To promote and support law reform

 To deal with and dispose of any matter arising under this act, which may be referred to it by a State
Bar Council

 To exercise general supervision and control over State Bar Councils

 To promote legal education and to lay down standards of legal education. This is done in
consultation with the universities in India imparting legal education and the State Bar Councils

 To recognize universities whose degree in law will be a qualification for enrolment as an advocate.
The Bar Council of India visits and inspects universities, or directs the State Bar Councils to visit and
inspect universities for this purpose

 To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of
legal interest

 To organize legal aid to the poor

 To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India to
admission as an advocate in India

 To manage and invest the funds of the Bar Council

 To provide for the election of its members who will run the Bar Councils

Committees of Bar Council of India

The Bar Council of India has various committees that make recommendations to the council. The
members of these committees are elected from amongst the members of the council. The Advocates
act, 1961 mentions the creation of a disciplinary committee under section 9, a legal education
committee and an executive committee under section 10. These three committees are as follows:

 Disciplinary Committee
The disciplinary committee of the BCI hears the applications for revision by persons against summary
dismissal of their complaints against advocates for professional misconduct, by the State Bar Councils.

Appeals lie before the BCI against orders of the disciplinary committee of the State Bar Councils. Every
such appeal is heard by the disciplinary committee of the BCI, which may pass an order, including an
order varying the punishment awarded by the disciplinary committee of the State Bar Councils.

Each disciplinary committee consists of three members. The term of the members of this committee is
three years.

 Legal Education Committee

The legal education committee consists of five members of the BCI and five co-opted members to
represent the judiciary, the law ministry, the UGC, and academia. The committee makes
recommendations to the BCI on all matters of legal education in the country. The committee elects its
own chairman.

The legal education committee has the power:

 To make recommendations to the council for laying down the standards of legal education for
universities

 To visit and inspect universities and report the results to the council.

 To recommend to the Council the conditions subject to which foreign qualification in law obtained
by persons other than citizens of India may be recognised.

 To recommend to the Council for recognition of any degree in law of any University in the territory
of India.

 To recommend the discontinuance of recognition of any University already made by the Council.
 Executive Committee
The executive committee is the executive authority of the council and handles giving effect to the
resolutions of the council. Members of the executive committee are elected from amongst the members
of the BCI. The committee elects its chairman and vice-chairman.

The executive committee has the power:

 To manage the funds of the council

 To invest the funds of the Council in the manner directed by the Council from time to time

 To grant leave to the members of the staff, other than casual leave

 To prescribe books of account, registers and files for the proper management of the affairs of the
Council

 To appoint and supervise the work of the members of the staff and prescribe their conditions of
service

 To appoint auditors and fix their remuneration

 To consider the annual audit report and place it before the Council with its comments for its
consideration

 To maintain a library and under the directions of the Council, publish any journal, treatise or
pamphlets on legal subjects

 To prepare and place before the Council, the annual administration report and the statement of
account

 To provide for proper annual inspection of the office and its registers

 To authorise the Secretary to incur expenditure within prescribed limits

 To fix travelling and other allowances to members of the committees of the Council, and to
members of the staff

 To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers

 To do all other things necessary for discharging the aforesaid functions

Conclusion

The Bar Council of India played a vital role in developing and improving the legal service and legal
education in India. It was the first initiative where it provided court visits, moot courts, legal aid,
discipline, training programs for law graduates and many more. BCI has structured legal education as it
exists today. The BCI which stands as the pillar to support quality legal education should be provided
with more powers and authorities such that the Indian legal system will enhance and be cherished.

IV. Objectives/ Functions of legal education

The objectives of legal education may be multi-fold in a developing democratic country like India. They
are,

 To develop research of value to education and society with the use of educational facilities.
 Provide students with a comprehensive understanding of the legal system: This includes
teaching students about the sources of law, the structure of the legal system, and the processes
of legal reasoning and decision-making.
 To generate different kinds of skills and knowledge needed for tasks in society.
 Develop students’ legal research, writing, and advocacy skills: Legal education aims to teach
students how to research and analyze legal issues, how to communicate effectively in legal
contexts, and how to present legal arguments in writing and in court.
 Encourage critical thinking and ethical behaviour: Legal education aims to teach students how
to think critically about legal issues, how to consider the implications of different legal decisions,
and how to conduct themselves ethically as lawyers.
 Prepare students for the legal profession: Legal education aims to prepare students for the legal
profession by providing them with the knowledge and skills necessary to practice law and pass
the bar exam.
 To broaden opportunity and mobility in society– notably among groups who may have been
deprived.
 Foster civic responsibility and public service: Legal education can also aim to foster civic
responsibility and public service by encouraging students to use their legal knowledge and skills
for the benefit of their communities.
  Provide a global perspective: Legal education can aim to provide a global perspective on the law
by exposing students to different legal systems and cultures, and by encouraging them to think
about the role of law in an increasingly interconnected world.
 Promote innovation and research: Legal education can aim to promote innovation and research
by encouraging students to think about new ways of approaching legal issues, and by fostering
an environment of scholarly inquiry.
 To develop perceptions and to understand the problems of one’s society and to influence values
and attitudes.
 Encourage diversity and inclusion: Legal education can aim to encourage diversity and inclusion
by providing opportunities for students from different backgrounds to study and learn together,
and by promoting an understanding of the perspectives and experiences of different groups.

Importance of legal education

The concept of legal education is broad. It encompasses the profession that is exercised in a court of
law, as well as administration in various fields where the law is essential. It promotes equality before the
law.

1. Providing the foundation for the legal profession: Legal education provides the foundation for
the legal profession by teaching the knowledge, skills, and values necessary for the practice of
law.
2. Ensuring access to justice: Legal education is essential for ensuring access to justice, as it trains
the individuals who will provide legal services and represent clients in court.
3. Promoting the rule of law: Legal education plays a crucial role in promoting the rule of law, by
educating individuals about the legal system and their rights and responsibilities as citizens.
4. Facilitating economic and social development: Legal education is important for facilitating
economic and social development, as it enables individuals to understand and navigate the legal
system and to participate in creating laws and policies.
5. Encouraging critical thinking: Legal education encourages critical thinking and problem-solving
skills, which are essential for analyzing complex legal issues and making informed decisions.
6. Providing a vehicle for social change: Legal education can be a vehicle for social change, by
training individuals to advocate for marginalized groups and to work towards a more just society.
 7. Encouraging professionalism and ethical behaviour: Legal education promotes professionalism
and ethical behaviour among lawyers, which is important for maintaining the integrity of the
legal profession and ensuring that justice is served.
8. Fostering global understanding: Legal education can foster global understanding by exposing
students to different legal systems and cultures, and by encouraging them to think about the role
of law in an increasingly interconnected world.

The caliber and standard of the legal education received at law school are reflected in the bar and
bench. If one is aware of state affairs, one is better equipped to understand the law. In a democratic
society, the value of legal education cannot be overstated. Everyone has a responsibility to be aware of
the law. Law-related ignorance is not an excuse. As a result, legal education not only creates influential
lawyers but also law-abiding citizens with respect for human rights.