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Legal Research Paper Notes

The document provides a comprehensive overview of legal education in India, detailing its historical evolution, current state, and regulatory framework involving the Bar Council of India and the University Grants Commission. It outlines the objectives of legal education, emphasizing its role in promoting justice, social consciousness, and the development of legal professionals. Additionally, it discusses challenges faced by legal education institutions and suggests improvements for enhancing legal education standards in India.

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0% found this document useful (0 votes)
100 views58 pages

Legal Research Paper Notes

The document provides a comprehensive overview of legal education in India, detailing its historical evolution, current state, and regulatory framework involving the Bar Council of India and the University Grants Commission. It outlines the objectives of legal education, emphasizing its role in promoting justice, social consciousness, and the development of legal professionals. Additionally, it discusses challenges faced by legal education institutions and suggests improvements for enhancing legal education standards in India.

Uploaded by

thilakbala1976
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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UNIT : 1 Objectives of Legal Education

Legal Education Scenario In India


Content
1. Legal Education: An Overview
2. History Of Legal Education System In India
2.1. Pre Independence Period
2.2. State of LegalEducation during 1947-1960
2.3. State of LegalEducation at Present
3. Aims Of Legal Education In India
4. Constitutional Position Regarding The Scenario Of Legal Education In India
4.1. Role of Bar Council of India (BCI)
4.2. Role of University GrantCommission (UGC)
4.3. Emerging Trend of Legal Scenario in India
4.4. Role of Supreme Court for Emerging the Legal Scenario
5. Importance Of Legal Education
6. Factors Influencing Legal Education In India
7. Legal Educational Institutions
8. Challenges To Legal Education In India
9. Suggestions For Improvement For Legal Education In India
10. Conclusion
11. Sources /References

Legal Education: An Overview


Legal education occupies a key place in a country like India
where there is rule of law. It equips students with necessary skills
and capabilities to understand the complex process of enactment,
enforcement and interpretation of law with a view to secure
equitable justice to all citizens irrespective of their caste, creed,
religion or sex. Social consciousness of the significance of law to the
people is an attribute of a ripening civilization. As the content and
quality of legal education have a direct bearing on the legal
profession, a sound and pragmatic legal education policy is a sine
qua non for prestige and performance of the legal profession. The
concern to make legal education more modern and contemporary
and to make it socially relevant and humanistic for the teacher and
the teacher has always guided the discourse on law teaching and
research in India.Legal education in India had its roots in English
History. This heritage has had a profound effect on the development
of legal education, on the evolution of legal institutions, and on the
outlook on law in India.No Indian institution, excepting perhaps the
field of literature, bears so close a tie to corresponding English
institutions, as does the law. The structure of Indian law is erected
on the foundations of the English common law.At present, legal
education is governed by two national bodies: the BarCouncil of India
(BCI) and the University Grants Commission (UGC).
History Of Legal Education System In India
Pre Independence Period
India is a journey over ridge and furrow. For the most part, the
value of the systematic study of fundamental principles was
recognized.In 1868, in the province of Punjab, the law classes were
started by the Anjuman-I-Punjab, which was taken over by the
Punjab University in 1870. The duration of the course was 2-years
and education was given in two separate classes, one in English and
the other in Urdu. Neither any test for admission nor any
examination was held, as the college certificate possessed no value
for the purpose of admission to the Bar.
The Punjab Chief Court held its own examination for leadership
and admission to the Bar. In 1873 rules were framed by the Senate
of Punjab University requiring the passing of entrance examination
as a condition precedent for admission to the law classes. The
following year the Chief Court assigned the task of holding the
leadership examination to the Punjab University College.
The course of study, as before, extended to 2- years. Success
in the first examination classified the candidate for mukhtarship and
success in the second examination qualified him for leadership of
theSubordinate courts. Pleader of 5-years standing was admitted to
the Bar of the Chief Court. From 1885 to 1906 the course of
instruction extended to three years. In 1887 passing of the
intermediate examination was made perquisite for admission to the
law classes and graduate examination for admission to the licentiate
in law examination. The attendance requirement was also laid
down.
The candidates were, however, permitted to pursue law and
arts studies simultaneously.It was in 1874 that the foundation for
legal education was laid in the formerState of Travancore.
Vernacular classes in law were held to train the applicants for the
posts in the police department. In 1875, a law school was started
and a judge of the Sadar Court was appointed as professor of law in
the law school.
The year 1885 is significant in the promotion of legal education
and research inIndia. It was in 1885 that Allahabad University was
established. The Punjab University came into being in 1882. The
colleges imparting legal education in the North Western Provinces
and Punjab ceased to be affiliated with Calcutta University. The first
law college of the state was RajaLakshmi Law College, started in
1939 by some prominent lawyers.
This Institution then imparted legal education to candidates
passing the intermediate examination. The LL.B. course was of 3
years duration for those passing intermediate and 2 years’ duration
for graduates. The Government of Mysore established the second
law college, Government Law College, at Bangalore, in 1948. In the
wake of independence of the country, new colleges began to spring
up in different parts of the state.
During his tenure as Vice-Chancellor of the Delhi University, a
distinguished Jurist and educational pioneer Sir Maurice Gwyer
started a 3- year Honours degree course in law in the university
leading to the degree of Bachelor of Civil Law 1923. This 3-year
B.C.L. degree course has operated in the law faculty of the Delhi
University since 1947 alongside with a 2-year L.L.B. degree course.
With the ushering in of the new 3-year L.L.B. degree course,
admissions to the B.C.L. courses were automatically stopped.274
In1966 when LL.B. became a 3-year course, the Faculty of law
introduced the semester system, dividing 3-years of LL.B course into
6 bi-annual semesters.

State of Legal Education during 1947-1960


There was tremendous growth of law colleges in this period.
However, this was not based on any rational planning or on the
availability of even the minimum resources. Law schools were
opened indiscriminately without enough resources. This resulted in
law colleges without an infrastructure, viz., building or libraries, full
time teachers or facilities for professional training, or even the final
sanction from the university concerned.

State of LegalEducation at Present


Upon the suggestion by the LawCommission of India and also
given the prevailing cry for reform the Bar Council of India instituted
an experiment in terms of establishing specialised law universities
solely devoted to legal education and thus to raise the academic
standards of the legal profession in India. This decision was taken
somewhere in 1985 and thereafter the first law University in India
was set up in Bangalore which was named as the National Law
School of India University (popularly ‘NLS’).
These law universities were meant to offer a multi-disciplinary
and integrated approach to legal education. It was therefore for the
first time that a law degree other than LL.B. or B.L. was granted in
India. NLS offered a five years law course upon the successful
completion of which an integrated degree with the title of “B.A.,LL.B.
(Honours)” would be granted.
Thereafter other law universities were set up, all offering five years
integrated law degree with different nomenclature. The next in line
was National Law Institute University set up in Bhopal in 1997. It was
followed by NALSAR university of law set up in 1998. The National
Law University, Jodhpur offered for the first time in 2001 the
integrated law degree of “B.B.A, LL.B. (Honours)” which was
preceded by the West Bengal National University of Juridical
Sciences offering the “B.Sc., LL.B. (Honours)” degree. KIIT Law
School, Bhubaneswar became the first law school in India in 2007 to
start integrated law in three different streams and honours
specialisation; i.e. BA/BBA/B.Sc. LLB (Honours).
However, despite these specialised law universities, the
traditional three year degree continues to be offered in India by
other institutions and are equally recognized as eligible qualifications
for practising law in India. Another essential difference that remains
is that while the eligibility qualification for the three year law degree
is that the applicant must already be a holder of a Bachelor’s
degree, for being eligible for the five years integrated law degree,
the applicant must have successfully completed Class XII from a
recognized Boards of Education in India.
Both the holders of the three year degree and of the five year
integrated degree are eligible for enrollment with the Bar Council of
India upon the fulfilment of eligibility conditions and upon
enrollment, may appear before any court in India.

Aims Of Legal Education In India


Legal education in India generally refers to the education of lawyers
before entry into practice. Legal education in India is offered at
different levels by the traditional universities and the specialised law
universities and schools only after completion of an undergraduate
degree or as an integrated degree.
Legal Education in India is regulated by the Bar Council of India, a
statutory body established under the section 4 of Advocates Act
1961. Any institution imparting legal education in India must be
approved by the Bar Council of India. Aims of legal literacy are as
follows-
1. To provide a centre where scholars can contribute to understanding
the law and contribute to its growth and improvement;
2. To instil in students organisational legal rules and to provide them
with sufficient experience in applying certain laws;
3. To train legal professional students;
4. To educate the students in solving the problems of the individual
client and in solving the problems of the society in which he lives;
5. Pointing the right course for future development.
6. Thus, legal education should aim at furnishing skills and
competence, for creation and maintenance of just society.
Constitutional Position Regarding The Scenario Of Legal
Education In India
The Constitution of India basically laid down the duty of imparting
education to the states by putting the matter pertaining to education
under List II of the seventh schedule. But now this part has been
dealt with under the Concurrent List in which powers had been
simultaneously attributed between Union and the States.It is with
reference to Entries 66, 77 and 78 of List I that the Parliament has
enacted laws for the regulation of legal education in India.
The regulation is partaken by the two statutory bodies constituted by
the sovereign bodies with reference to dealing with the matter of
legal education.
These are the Bar Council of India which is concerned with the
standards of the legal profession and the other is the University
Grant Commission which acts as an umbrella for all the institutions
of higher education. Thus, the Constitution of India constituted a
uniform judicial system that regulates uniformity in the legal
profession. The government of India formed the All India Bar
Committee to supervise the standards of legal education in India and
also to implement the recommendations suggested by the Law
Commission of India.

Role of Bar Council of India (BCI)


The Advocate Act, 1961 which was passed by the Parliament of India
by virtue of the powers entrusted under List I of the Constitution of
India.[6] Under the Advocates Act an apex body namely the Bar
Council of India was constituted to promote legal education and to
lay down the standards of such education and scenario in
consultation with the University Grant Commission. Thus, the Bar
Council of India is empowered to prescribe the minimum
qualification and to prescribe the other standards of legal education
to be observed by such universities.
The Supreme Court in the case of Bar Council of Uttar Pradesh v.
State of Uttar Pradesh observed the importance of legal education
and the scenario observed that the responsibility of the Bar Council
of India is not limited to the professional standards alone but also
extends to the regulatory character and legal education as well. With
the assistance of the Legal Education Committee, Bar Council of
India Trust and Directorate of Legal Education, the Bar Council of
India has taken major steps in the field of legal education such as
follows:
1. National Law University and Deemed University status is being set
up.
2. The publication of standard textbooks in all branches of law was
started.
3. Training for young lawyers started being provided.
4. To improve the legal scenario, a scheme of legal aid clinics also
started.

Role of University GrantCommission (UGC)


In order to maintain and raise standards of legal education the UGC
in consultation with the universities or other bodies concerned, takes
all such steps as it may think fit for the promotion and co-ordination
of university education and for the determination and maintenance
of standards of teaching, examination and research in universities.
To this end it shall allocate and disburse, grants to universities
established or incorporated by or under a Central Act for the
maintenance and development of such universities or for any other
general or specific purpose; it may allocate and disburse, out of the
fund of the Commission, such grants to other universities as it may
deem necessary for the development of such universities or for any
general or specific purpose; it may allocated disburse out of the fund
of the Commission, such grants to institutions deemed to be
Universities in pursuance of a declaration made by the Central
Government; recommend to any university the measures necessary
for the improvement of university education and advise the
university upon the action to be taken for the purpose of
implementing such recommendation; etc.
B As far as legal education, the UGC is concerned with the As far as
legal education, the UGC is concerned with the terms and conditions
of the appointment of teachers as well as providing necessary fund
support for infrastructure, and maintaining uniformity of standards of
education. The Role of the BCI is limited only to LL.B. and its rule
making power is confined only to professional legal education, the
liberal legal education is left to be managed by the UGC which is also
responsible for the LL.M. curriculum and teaching. While LL.M. is the
basic qualification for law teaching, LL.B. degree is required for
enrolment as an Advocate.

Emerging Trend of Legal Scenario in India


Emerging Legal Scenario includes the profession which is practised
in courts, law research, law teaching and in administration in
different branches where law plays a role which postulates and
requires the use of legal knowledge and skill. Legal education stands
for the enhancement of human sensibility and injects a new sense of
protecting human liberty and equality before the law. The quality
and standard of legal education acquired at the university are
reflected through the standard of the Bar and Bench and
consequently affect the legal system. Ignorance of the law is not
innocence but a sin which cannot be excused.
Thus, the emerging trend in the legal scenario is not only imperative
to produce good lawyers but also to create cultured law-abiding
lawyers who are inculcated with the concept of human values,
dignity, ethics and morality. The significance of legal education in a
democratic society cannot be overemphasised with other
instruments.
Knowledge of law increases as one understands the public affair. The
study of law promotes accuracy of the expression and arguments as
well as skill in interpretations of the written words with those of
social values. It is the pivotal duty of everyone to know the law.
Ignorance of the law is not innocence but a sin which cannot be
excused in any way.
Role of Supreme Court for Emerging the Legal Scenario
The Supreme Court also contributed a lot in the way of emerging the
legal scenario in India. The Supreme Court in the landmark
judgement in the case of Deepak Sibal v. State of Punjabheld that
the study of law should be encouraged as far as possible without any
unreasonable intervention.
The Supreme Court has realised the importance of legal knowledge
and tried to impress upon the state to appreciate the same. In
another case of Gopal Krishan Chatrath v. Bar Council of India, the
Supreme Court observed the importance of legal scenario in the
following words:
“Right to education which is available to the person for
educating himself would not be at par with others. The act of
denying any education whether legal or any education would
be violative against the equality clause under Article 14.
Education be it legal education or any other everyone is
entitled to have it.”
Importance Of Legal Education
Legal education is a broad concept. It includes the profession which
is practised 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- emphasised in a
democratic society. It is a 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.
Factors Influencing Legal Education In India
Legal education is influenced by a multitude of factors. They are as
follows-
1. Governmental policy;
2. Bar council of India;
3. University grants commission;
4. Affiliating universities;
5. Private governing body of law colleges;
6. National litigation policy;
7. Developments in legal profession and legal system;
8. The developments in other fields of education.
Legal Educational Institutions
Over the past ten years, private universities have taken a significant
part in studying how legal education has changed. They work in the
area of legal education and make an effort to raise the standard of
legal instruction in India. National Law Schools, on the other hand,
placed a strong emphasis on specialised education.
Many institutions have decided to completely abandon the lecture
method of instruction in favour of more engaging and creative
learning techniques. Moot courts are a common practice in Indian
law schools, which has made legal education more practical and
behavioural than merely learning the letter of the law.
The importance of extracurricular activities like seminars,
workshops, and other events has now been integrated into the
curriculum. The requirement for internships during the study period
has been changed to mandatory. On-campus hiring has become a
standard practice at the majority of law schools.
Challenges To Legal Education In India
There are several challenges associated with legal education in
India, including:
1. Quality of Teaching : Many law schools in India have been
criticised for having poor quality of teaching, with inadequate
resources and infrastructure, and a lack of well-trained and
motivated faculty.
2. Curriculum : The legal curriculum in India has been criticised for
being outdated and not reflective of the changing legal and social
landscape.
3. Access to Legal Education : Legal education in India is expensive
and out of reach for many people from lower socioeconomic
backgrounds, which can limit diversity in the legal profession.
4. Employment Opportunities : Despite a large number of law
graduates, there are limited employment opportunities in the legal
sector, which can lead to a surplus of unemployed or underemployed
graduates.
5. Professionalism : There have been concerns about the lack of
professionalism and ethics among some lawyers in India, which can
negatively impact the legal profession and the administration of
justice.
6. Legal Aid and Access to Justice : India’s legal aid system is
underfunded and overburdened, which can make it difficult for
people from marginalised communities to access justice.
7. Research and Innovation : There is a lack of focus on research
and innovation in legal education in India, which can limit the
development of new ideas and approaches to legal issues.
Suggestions For Improvement For Legal Education In India
There are suggested measures for improvement for legal education
in India, including:
1. Giving greater emphasis on practicality : The law is supreme,
and it must be confronted with boldness, certainty, and no
hesitation. It necessitates exceptional reading, thinking, and
speaking abilities. These elements could be incorporated into the
course through regular debates and discussions. Moot court (mock
practice) develops competency and exhibits the manner of
argumentation, which is an important quality for a lawyer to possess.
2. Increase professional exposure : The emphasis in legal classes
should be on practical learning rather than on theoretical study.
Professionalism is attained by increasing one’s knowledge of the law
and legal processes. Knowing how much law one understands from
books isn’t as important as knowing how that law is applied. It is
critical to place a greater emphasis on professional experience
through internships and engaging in the law student’s learning
throughout his or her internships.
3. Collaboration with foreign law universities : Knowledge has no
bounds. Law is a subject that necessitates an ever-increasing
amount of learning. Collaboration with international law schools to
gain access to their law reports, case laws, research papers, and
other materials can help to improve this proficiency. Law schools
such as NLSIU Bangalore, NALSAR Hyderabad, and NLU Delhi, among
others, have collaborated on teaching, research, and offering world-
class legal education, and the results have been positive.
4. Faculty and guest lecturers : Teachers are critical in developing
the finest lawyers from good students. Teaching law is a difficult task
that necessitates a broad understanding of the legal realm in the
country and around the world, and every law school must supply
well-qualified professors as an infrastructural facility. Guest lectures
by famous persons in the legal and related sectors should be
included in the course curriculum since they assist students to
understand the harsh realities of law and increase their motivation.
5. There is a severe issue with law teachers, or a lack thereof. Only by
closing the significant financial disparity between bar leaders and
teachers can law teaching attract new brains. Those under special
remuneration schemes, in turn, must be bound by appropriate legal
instruments to teach for a minimum period. A pilot programme must
develop a new remuneration structure that includes more public-
private collaborations, greater autonomy, and favourable financial
terms.
6. Development of law libraries : Law libraries are under-resourced
and under-resourced. Each law school must be connected to the best
global sources of knowledge using the most up-to-date technology
research tools. For maximal ground impact in urban and rural India,
a library cess levied only on senior attorneys across the country
must be operationalized for law libraries.
7. Connecting internships and post-degree
placements : Internships and post-degree placements must be
stitched together into a national scheme – now, placements are
haphazard, with no structure in place to match applicants and hosts.
Some students, especially those with connections, have it easy,
while others, who are more gifted but less prominent, fall by the
wayside.
Conclusion
Legal literacy in India is going through a very exciting phase. Though
India has the largest population of lawyers in the world, there Is a
need for eminent lawyers.
The opportunities for bright law graduates are massive and the new
generation of law schools has a major role to improve the standards
of legal education in India.
Hence, the scenario of legalLegal Education In India education is
becoming more and more specialised as was envisioned by the well-
wishers of the legal profession.
Unit 2 LECTURE METHOD OF TEACHING – MERITS AND
DEMERITS

"A lecture is the process where the notes of the teacher become the notes of the
student without passing through the minds of either."

The lecture method is a traditional teaching method where a teacher


presents information to a group of students. It's a teacher-centered
approach that's often used for large groups of students.

LECTURE METHOD OF TEACHING


2.0. Objectives

2.1. Introduction

2.2. Topic Explanation

2.2.1. Concept of Lecture Method

2.2.2 Merits of Lecture Method

2.2.3 Demerits of Lecture Method

2.2.4 Guidelines for Effective use of Lecture Method


2.0. Objectives

2.0.1. To define lecture method

2.0.2. To outline the merits of lecture method

2.0.3. To explain the demerits in lecture method

2.0.4. To enumerate guidelines for effective utilization of lecture method.

2.1. Introduction:
Lecture method is one of the oldest methods used in classroom by teachers to impart
knowledge to students. so, it is becoming necessary to explain the meaning, merit and pitfalls
in lecture method and also provide hints for effective utilization of this method. Teaching, in
its simplest sense, is imparting knowledge. It is the connotation of experience. This
experience may consist of facts, truths, doctrines, ideas, or ideals, or it may consist of the
processes or skills of an art. The teacher is the sender or the source, the educational material
is the information or message, and the student is the receiver of the information.
This type of sending and receiving is known as communication. There are various
modes of communication. It may be taught by the use of words, by signs, by objects, by
actions, or by examples; but whatever the substance, the mode, or the aim of the teaching, the
act itself, fundamentally considered, is always substantially the same: it is a communication
of experience. It is like painting a picture one conceives in the mind of another. It is influence
over the thought and understanding and the shaping them thereof to the understanding of
some truth which the teacher knows and wishes to communicate.

2.2. Lecture Method of Teaching - Merits and


Demerits:
Lectures in the sense are systematic presentation of knowledge. It is considered as
effective means of teaching. It is oldest teaching method given by philosophy of idealism. As
used in education, the lecture method refers to the teaching procedure involved in
clarification or explanation to the students of some major idea. This method lays emphasis on
the penetration of contents into the minds of the students.

2.2.1 Concept of Lecture Method:


Teaching by lectures is probably one of the oldest methods used by classroom
teachers. As a widely practiced method of teaching, a teacher can reach a large number of
students at the same time; a large amount of materials can be covered in a short period of
time. This is a ‘teacher-centred’ approach involving largely a one-way form of
communication from teacher to students. The teacher, as the authoritative figure, does most
of the writing and talking (chalk and talk) with the students as mere passive recipients of
information-listening and writing down a few notes and asking few or no questions. The
basic fundamental postulations of this type of method are that the teacher has knowledge, or
can acquire knowledge, and that the teacher can give knowledge to students.
The lecture method is considerably cheap to operate since no special teaching aids are
required. It requires nominal planning. Its expository nature provides the teacher a feeling of
security as the “influential figure” in the class. No matter how easy this method may appear,
teachers must make efforts, to plan and organize their lecture to cover the subject matter to be
presented and the manner in which it will be presented. In the introduction, the law teacher
should identify the subject of the lecture and connect it with past lessons and try to stimulate
interest on the subject matter. The body of the lecture should be presented in a logical order,
building from what the students already know towards new knowledge that the teacher wants
them to absorb. Knowledge is presented in small enough doses so that the students can absorb
the material and at a slow enough pace. The pace however should not be too slow to make
The students disinterested. Both the level of vocabulary used and the technical nature of the
subject must correspond to the capability of the students.
Teacher is more active and students are passive but he also uses question answers to
keep them attentive in the class. It is used to motivate, clarify, expand and review the
information. By changing his Voice, by impersonating characters, by shifting his posing, by
using simple devices, a teacher can deliver lessons effectively, while delivering his lecture; a
teacher can indicate by his facial expressions, gestures and tones the exact soul of meaning
that he wishes to convey. Thus we can say that when teacher takes help of a lengthy or short
explanation in order to clarify his ideas or some fact that explanation is termed as lecture or
lecture method.
The primary advantage of a lecture is its ability to present a large number of facts in a
short period of time but it is necessary that the students should accept and understand the
subject matter to be presented. Lecture method makes fewer demands on the teacher’s time
for planning and preparing and is therefore an attractive and easy method of teaching. It is
very useful in conveying factual information when introducing new topic.

2.2.2. Merits of the Lecture Method of Teaching :

The advantages and the lecture method can be explained as follows:


1. The teacher controls the topic, aims, content, organization, sequence, and rate. Emphasis
can be placed where the teacher desires.

2. The lecture can be used to motivate and increase interest, to clarify and explain, to expand
and bring in information not available to the students, and to review.

3. The number of students listening to the lecturer is not important.

4. Students can interrupt for clarification or more detail.

5. The lecture can be taped, filmed, or printed for future use.

6. Other media and demonstrations can be easily combined with the lecture.

7. The lecture can be easily revised and updated.

8. The teacher can serve as a model in showing how to deal with issues and problems.

9. Students are familiar to the lecture method.

10. It is relatively less expensive as no special apparatus is needed.

11. Lecture method gives a teacher a sense of security by reliance upon the supposed
authority of the dispenser of knowledge.

12. Lecture method channels the thinking of all students in a given direction.

13. Large materials can be covered in a short time period.

14. It is very economical to use.

Because of its advantages, a majority of instructors use the lecture method. The
lecture is one of the most efficient teaching methods for presenting many facts or ideas in a
relatively short time. Material that has been sensibly organized can be presented quickly in
rapid succession. The lecture is particularly suitable for introducing a subject. To ensure that
all students have the necessary background to learn a subject, we can present basic
information in a lecture. By using the lecture in this manner, we can offer students with
varied backgrounds of common understanding. A brief introductory lecture can give direction
and purpose to a demonstration or prepare students for a discussion.
The lecture is a convenient method for instructing large groups. If necessary, we can
use a public address system to ensure that all students can hear us. The lecture is sometimes
the only efficient method to be used if student-to-faculty ratio is high. The lecture is often
useful to supplement material from other sources or for information difficult to obtain in
other ways. If students do not have time for research or if they do not have access to
reference material, the lecture can be a good help. In subject areas where information is
available in widely scattered places such as in textbooks, journals, tapes etc, the lecture
allows the instructor to summarize and emphasize pertinent material. Reports, current
research, and information, which change frequently, may not be easily available in written
form, and the lecture can give students the most up-to-date information.
The lecture allows a large number of students to receive information from real experts
in a subject. In general, a person who can speak from actual experience or a scholar who has
carefully analyzed the results of research will have great credibility with students. The lecture
is often the most effective way of communicating the energy and enthusiasm of a person who
has actual experience in a field, thus motivating students.

2.3.3. Demerits of the Lecture Method:


Lecture method is a very traditional method of teaching and, therefore has received a
great deal of disapproval. In this modern era when educational methods and curriculum
content are undergoing extensive reforms we cannot continue with the old tradition as it is
not so effective. As well as the grownup students cannot listen to someone
continuously.

Also it does not provide the students’ opportunities to practice


communication or manipulative skills Lecture method does not promote learning since it
discourages students’ activities thus denying ample opportunity for assessment of progress. It
encourages rote-learning and allows little scope for the students to develop an enquiry mind
and critical thinking towards their learning. It is not suitable for slow-learners. Lecture
method is not adequate in teaching certain types of concepts for example, attitudes and
feeling which are not learnt through pure telling. Due to its expository nature, it is very
difficult to adapt to individual differences among students. It makes students to be passive
listeners and this does not allow students to be actively involved in both the planning and
development of learning. Consequently the desired learning outcome may not be achieved.

The following can be listed as disadvantages:-


• Some of the students may already know the content of the lecture while some may not
be ready for the lecture. Those who now may not be interested those who are not
ready may be restless. This may not give the possible effect to the teaching.
• Lectures are group based. In India their huge gathering is before the teacher. Some of
the classes have more than one hundred students. It is possible that the teacher may
not be able to pay attention to an individual. Hence it will become an address to the
gathering rather than teaching.
• It is difficult to maintain student interest and attention for a full hour of lecture. The
teacher may fail to keep the same tone, volume of voice and the contents of his/ her
lecture must be interesting. This may not be possible in some serious subjects like
Jurisprudence, or The code of civil procedure etc.
• The communication is mostly one-way from the teacher to the students. Usually there
is little student participation. The students who do participate are few in number and
tend to be the same students each class. The teacher dominates the class and hence the
students just have to listen.
• Most of the students are not habituated of taking notes. They sit in the class as if it is
some story-telling session. Students either want dictation or simply purchase tailor-
made notes from market without understanding the gravity of the subject.
• Lecture information is forgotten quickly, during and after the lecture. As the student
is neither attentive nor taking note they cannot revise what has been taught and
happen to forget.
• There is no immediate and direct check of whether learning has taken place. If the
teacher simply delivers a lecture and walks out of the class he/she is not aware about
the learning habits of the student. Also if the teacher avoids asking questions about
the topic lectured on the day before he/ she does not get the feed-back whether the
student really followed what he is been taught. Nor the teacher comes to know about
his teaching. All this is understood only when the examinations are conducted and the
results are declared. But most of the time it’s too late.
• Lectures are not effective when teaching objectives are not clear.
• The lecture method encourages student dependence on the teacher.
• Students are not very active when only listening.
• Few teachers have been taught how to lecture effectively. In India we do not have
courses like B.Ed or D.Ed to teach in the colleges. A person is eligible to teach in
colleges and universities after attaining mere qualification i.e. passing NET/SET
exams in a particular subject or pursuing a Ph.D or M.Phil. There is neither a course
nor a training sessions for a person appointed as Assistant Professor.

2.2.4. Guidelines for Effective Use of Lecture Method:

The teacher should use sufficient teaching aids, good illustration and demonstration
while using lecture method to achieve his objectives. For a college a maximum time or
duration of the lecture becomes very important. The young immature minds have short
interest span, and limited ability to retain points given in the lecture. Adults usually can sit
for an hour receiving lecture.
To make a lecture effective and achieve what other participatory methods like
discussion, project, role play, mock-up methods etc. can achieve the desired effect.
The following rules must be meticulously observed:
• The students must sit on comfortable chairs / benches, facing away from windows
to avoid light rays in their eyes.
• The teachers should keep distracting noise to a minimum. This is because outside
noise prevents the students from hearing the teacher and distracts their attention.
• The room should neither be too cool nor hot. If the students are uncomfortable they
will be irritated and will not be able to concentrate on what the teacher is saying.
• The teacher should avoid many movements because it attracts students’ attention. He
should ensure that every students sees and hears him from any angle. If aids are being
used, he must not get between the aids and the students otherwise he will block
visibility of the students.
• Teachers should avoid coverage of too many concepts for this may tend to confuse
the students, rather the lesson should be summarized to help students review and
understand the major concepts and retention will be increased.
• Teachers must encourage students to ask questions and make comments, as this
may reduce boredom.
• Finally, no single teaching method should be used. To maximize learning therefore, a
lecture should be followed by discussion, questioning, practice or some other
methods. Very rarely can a lecture, by itself, accomplish a teaching activity.
Though it is often said that lecturing is a poor teaching method, it is a kind of last
resort for instruction. A lecturer must know how to impart information or stimulate interest
effectively. If the lecture is poorly presented, badly organized, dull, and uninspiring he fails
consequently. Even when the lectures are finely presented and well organized, and the
lecturers charismatic personality it is still a poor method because lecturing tends to keep
students passive. After all the whole aim of teaching to make students think and it requires
personal activity on their part. Most of the time the professors have to teach vast numbers of
students and there are some subjects in which a base has to be built and introductions
performed. One has to start somewhere, and, for that kind of subject, a lecture may be just
fine. When our objective is to communicate some basic facts, some basic terminology, or
some initial understanding about our field the lecture can be a very useful teaching method.
The trick, of course, is to do it well, knows how to begin.
The beginning can be introducing the subject and its importance. To begin planning
lectures ask yourself many questions. For example, what is the topic one is to deliver? How
does one tell his students about it? Attempt to answer these questions. Also be aware who is
the audience? One can begin by addressing an imaginary audience or practice before
professors, friends or colleagues. Don’t forget our job is to educate the students, not one but
all- all those students who sit in front of us. Hence to accomplish this goal, the task is to
make
them feel that they want to achieve something about the subject, which makes it worthy to be
taught. If taught with that awareness it becomes significant intellectual achievements. Focus
on your subject. You must know what things you should do and what should you not do with
your subject? While teaching any course, one should not deliberate on what is at the
background or don’t go into the history or formation of any law unless required. More over a
student does not want to know, unless they are of higher class, or they have some curiosity
pertaining to information he has regarding the same.
One must not put emphasis on what one knows. It is very important that the lecturer
helps his students create links between the facts they are learning .it is necessary to spend a
lot of time unless you are able to show them how to create links to information outside the
field. Because law never operates in vacuum nor can it remain alone. Example the Criminal
Procedure Code (Cr.P.C.) cannot be understood without studying Indian Penal Code (I.P.C).
The teacher of Cr.P.C. must be able to link it with IPC. For studying Environmental law the
relation between the Environmental law and the Constitution as well as the Environmental
law and IPC has to be discussed. This is to shun the childishness of students who assume
every course should be taken as an isolated island. If the students are able to understand this
intellectual consistency, then the maybe they will be able to reason and thus their irrationality
could be converted into rationality which takes an additional significance.

UNIT 3 THE PROBLEM METHOD

The problem method of teaching, also known as problem-based


learning (PBL), is a teaching method that uses real-world problems to help
students develop critical thinking and problem-solving skills.
How it works Students work together to solve a problem, They present and
discuss strategies, They build new concepts or procedures, and They learn
by doing and knowing.
Examples of problem-based learning Creating a food truck, Designing a
Mars wrench, Being a game designer, All terrain wheelchair challenge, and
Social media influencer.
Problem Solving Method

 Objective : After going through this topic, students will be able to :


 Understand the concept of Problem Solving Method
 Analyse the process of Problem Solving Method

Introduction
Problem-solving skills are necessary in all areas of life, and classroom problem
solving activities can be a great way to get students prepped and ready to solve real problems
in real life scenarios. Whether in school, work or in their social relationships, the ability to
critically analyze a problem, map out all its elements and then prepare a workable solution is
one of the most valuable skills one can acquire in life.

Educating your students about problem solving skills from an early age in school can be
facilitated through classroom problem solving activities. Such endeavors encourage cognitive
as well as social development, and can equip students with the tools they’ll need to address
and solve problems throughout the rest of their lives.
Meaning
A problem is a task for which Problem–solving may be a purely mental difficulty or it may
be physical and involve manipulation of data. , the person confronting it wants or needs to
find a solution because the person has no readily available procedure for finding the solution.
The person must make an attempt to find a solution. Problem solving is the act of defining a
problem; determining the cause of the problem; identifying, prioritizing and selecting
alternatives for a solution; and implementing a solution.

In a problem solving method, children learn by working on problems. This enables the
students to learn new knowledge by facing the problems to be solved. The students are
expected to observe, understand, analyze, interpret find solutions, and perform applications
that lead to a holistic understanding of the concept. This method develops scientific process
skills. This method helps in developing brainstorming approach to learning concepts.
Problem-solving is a process—an ongoing activity in which we take what we know to
discover what we don’t know. It involves overcoming obstacles by generating hypo-theses,
testing those predictions, and arriving at satisfactory solutions.

Problem-solving involves three basic functions:

1. Seeking information

2.Generating new knowledge

3.Making decisions

Objectives of Problem-Solving
 Willingness to try problems and improve their perseverance when solving problems.
 Improve pupils’ self-concepts with respect to the abilities to solve problems.
 Make pupils aware of the problem-solving strategies.
 Make pupils aware of the value of approaching problems in a systematic manner.
 Make pupils aware that many problems can be solved in more than one way.
 Improve pupils’ abilities to select appropriate solution strategies.
 Improve pupils’ abilities to implement solution strategies accurately.
 Improve pupils’ abilities to get more correct answers to problems
 The appreciation of the existence of a problems and a desire to solve it
 The accumulation of the facts and data which are pertinent to the problem.
 Logical interpretation of the data supported by adequate valid experience.

Steps of Problem Solving Method

Here is a five-stage model that most students can easily memorize and put into action and
which has direct applications to many areas of the curriculum as well as everyday life:

1. Understand the problem. It's important that students understand the nature of a
problem and its related goals. Encourage students to frame a problem in their own
words.
2. Describe any barriers. Students need to be aware of any barriers or constraints that
may be preventing them from achieving their goal. In short, what is creating the
problem? Encouraging students to verbalize these impediments is always an important
step.
3. Identify various solutions. After the nature and parameters of a problem are
understood, students will need to select one or more appropriate strategies to help
resolve the problem. Students need to understand that they have many strategies
available to them and that no single strategy will work for all problems. Here are
some problem-solving possibilities:

 Create visual images. Many problem-solvers find it useful to create “mind pictures”
of a problem and its potential solutions prior to working on the problem. Mental
imaging allows the problem-solvers to map out many dimensions of a problem and
“see” it clearly.
 Guesstimate. Give students opportunities to engage in some trial-and-error
approaches to problem-solving. It should be understood, however, that this is not a
singular approach to problem-solving but rather an attempt to gather some
preliminary data.
 Create a table. A table is an orderly arrangement of data. When students have
opportunities to design and create tables of information, they begin to understand that
they can group and organize most data relative to a problem.
 Use manipulatives. By moving objects around on a table or desk, students can
develop patterns and organize elements of a problem into recognizable and visually
satisfying components.
 Work backward. It's frequently helpful for students to take the data presented at the
end of a problem and use a series of computations to arrive at the data presented at
the beginning of the problem.
 Look for a pattern. Looking for patterns is an important problem-solving strategy
because many problems are similar and fall into predictable patterns. A pattern, by
definition, is a regular, systematic repetition and may be numerical, visual, or
behavioral.
 Create a systematic list. Recording information in list form is a process used quite
frequently to map out a plan of attack for defining and solving problems. Encourage
students to record their ideas in lists to determine regularities, patterns, or similarities
between problem elements.
4. Try out a solution. When working through a strategy or combination of strategies, it
will be important for students to …

 Keep accurate and up-to-date records of their thoughts, proceedings, and


procedures. Recording the data collected, the predictions made, and the
strategies used is an important part of the problem solving process.
 Try to work through a selected strategy or combination of strategies until
it becomes evident that it's not working, it needs to be modified, or it is
yielding inappropriate data. As students become more proficient problem-
solvers, they should feel comfortable rejecting potential strategies at any time
during their quest for solutions.
 Monitor with great care the steps undertaken as part of a
solution. Although it might be a natural tendency for students to “rush” through a
strategy to arrive at a quick answer, encourage them to carefully assess and
monitor their progress.
 Feel comfortable putting a problem aside for a period of time and
tackling it at a later time. For example, scientists rarely come up with a
solution the first time they approach a problem. Students should also feel
comfortable letting a problem rest for a while and returning to it later.

5. Evaluate the results. It's vitally important that students have multiple opportunities
to assess their own problem-solving skills and the solutions they generate from using
those skills. Frequently, students are overly dependent upon teachers to evaluate their
performance in the classroom. The process of self-assessment is not easy, however. It
involves risk-taking, self-assurance, and a certain level of independence. But it can be
effectively promoted by asking students questions such as “How do you feel about
your progress so far?” “Are you satisfied with the results you obtained?” and “Why
do you believe this is an appropriate response to the problem?”
Teacher's Role in Problem Solving

Teacher’s has a very important role in Teaching Learning Process. He or She has the
duty to provide proper guideline to the students in the completion of their work. Some
important roles are given below:

1. Give suggestions not answers


2. Offer a problem solving heuristic
3. Teach a variety of problem solving strategies
4. Allow time for the students to struggle with the problem
5. Choose problems that require time to think through a solution
6. Provide a variety of problems
7. Allow students time to practice a heuristic and strategies
8. Give similar or the same problem in different ways
9. Ask questions that encourage students to:

 think divergently
 explain how they are thinking.
 to share strategies
 think of other ways that the same problem could be asked
 think of real life problems that are or relate to the problem
 discover different problems that can be solved with the same strategy
 discover multiple ways to solve the problem
 reflect or check their solutions
 reflect and discuss how they imagined a certain strategy might be possible
 explain why they have confidence in their solutions

10. Provide encouragement and appreciation:

 appreciate different solutions and strategies


 encourage students to find multiple solutions to a problem
 encourage students to take time to solve problems
 compliment students on good problem solving strategies whether they reach a
solution or not
 make sure students know what a compliment or praise specifically relates to
about the problem and problem solving
 encourage students to keep trying and to learn by correcting mistakes
 let students know that problem solving is difficult and rewarding
 share and discuss attitudes and dispositions that are conducive to problem
solving

Advantages of Problem Solving Method

1. Development of Long-Term Knowledge Retention - Students who participate in


PBL activities can improve their abilities to retain and recall information. This is
because, while learning about something, open discussion between peers reinforces
understanding of subject matter.
2. Use of Diverse Instruction Types - Grouping students together for PBL allows them
to tackle tangible problems and enjoy team-based learning. You can also provide
content such as videos, news articles and more.
3. Continuous Engagement - It’s not hard to see the potential for engagement, as
students collaborate to solve real-world problems that directly affect or heavily
interest them.
4. Development of Transferable Skills - Using PBL to present tangible contexts and
consequences can allow learning to become more profound and durable, helping students
apply skills they develop to other real-world scenarios.
5. Improvement of Teamwork and Interpersonal Skills - Completing a PBL challenge
hinges on interaction and communication, meaning students should also build skills related
to teamwork and collaboration.

Disadvantages of Problem Solving Method

1. Potentially Poorer Performance on Tests - Because standardized tests typically reward


fact-based learning with multiple choice and short answer questions, PBL activities may
not effectively prepare students.
2. Student Unpreparedness - Many students may not be prepared to participate in a PBL
exercise due to immaturity, unfamiliarity with broad questions and lack of prerequisite
knowledge.
3. Teacher Unpreparedness - You may have to adjust some habits, such as overtly correcting
students and teaching to promote the fast recall of facts. Instead, give hints and ask questions to
encourage independent thought.
4. Time-Consuming Assessment - If you choose to give marks, assessing a student’s
performance throughout a problem-based learning exercise demands constant monitoring and
note-taking.
5. Varying Degrees of Relevancy and Applicability - It can be easy for students to divert from
the challenge’s objectives, possibly missing pertinent information. Running into unanticipated
obstacles when solving the problem is another possibility.

Thus the problem solving method is based on the principles of active learning. The student gets totally
involved in the activity which helps in enhancing his/her knowledge, understanding and skills in real life
situation and ultimately in developing a holistic personality. Since all the activities are related to the real
life experiences, each of such activities is meaningful to the student. Therefore, meaningful learning is
always associated with this method.

UNIT 4 DISCUSSION METHOD AND ITS SUITABILITY AT


POSTGRADUATE LEVEL TEACHING

S.No. Topic Page Number


1. Introduction 1
2. methods of teaching and its types 2
3. Meaning and Characteristics of Discussion method 3
4. Concept of Discussion method 5
 Discussion method operated stages
5. Types of Discussion Method 7
5.1 Debate
5.2 Small group of Discussion
5.3 Round Table Discussion
5.4 Symposium
6. Techniques of Discussion 9
 Prompting question
 Justifying question
 Clarifying question
 Comparative question
 Connective question
 Analytical question
7. Usefulness of Discussion method 13
8. Merits of Discussion method 14
9. Demerits of Discussion method 15
10. Conclusion 16
11. Reference
1. Introduction :

“Education is a radiance that shows the mankind the right path to move forward. The
purpose of education is not just making a student literate but to develop rationale
thinking, enhances knowledge and self sufficiency”

According to a legendary proverb “A man without education is a strange

animal.” Dr. Babasaheb Ambedkar was of the opinion that education will liberate all and

hence he called each and everyone to be educated, unite and fight against the odds of the

society. The encyclopedia of education defines legal education as a ‘skill for human

knowledge which is universally relevant to the lawyer’s art and which deserve special

attention in educational shrouds the mind; liberation from superstition which paralyses

efforts; liberation from prejudice which blinds the vision of truth. Education one of the
part is Learning is more effective, the students don’t have to rely on note learning Ideas

and experiences from group, allows everyone to participate in an active process. It is

human nature that all students in a group do not think on a same line hence a situation

comes in which there is a difference of opinion, this is most suitable for discussion

method of teaching. Students through their different opinions exchange knowledge.

“Do not train youths to learning by force and harshness, but direct them to it by what

amuses their minds so that you may be better able to discover with accuracy the peculiar

bent of the genius of each.”

2. Methods of Teaching :

Teaching methods are techniques that educators use to help students understand and retain
information. They can help make learning fun and engaging. Some examples of teaching
methods include:

i. Inquiry-based learning: Students are active participants in their own learning.

ii. Expeditionary learning: Students explore and study topics that affect their communities and
schools.

iii. Personalized learning: Students follow learning plans that are tailored to their interests and
skills.

iv. Game-based learning: Students work on quests to achieve a goal by making choices and
experimenting

v. Project-based learning: Students work together to solve problems and gain real-world
experience.

vi. Group learning: Students work together and interact socially.

vii. Flipped classroom: This method reverses the traditional order of learning activities.
viii. Demonstrations: Students can relate to the information more personally through
demonstrations.

ix. Blended learning: This method combines traditional face-to-face learning with technology-
based learning.
Teaching methods can be categorized into four groups: teacher-centered, learner-centered,
content-focused, and interactive.

Teaching methods can help students develop skills like critical thinking, problem-solving,
communication, creativity, collaboration, and information literacy.

Types Of Teaching Methods:

1. Lecture Method

2. Discussion Method

3. Survey Method

4. Project Method

5. Demonstration Method

6. Activity based Method

In this essay define as only for Discussion method and its suitability at
Postgraduate level teaching.

3.Meaning and its Characteristics of Discussion Method:

 Meaning of Discussion Method:

The term discussion is derived from the Latin word ‘discutere’ which means to
shake or strike. Discussion means an exchange of ideas between different people or
groups of people. In this method of teaching, two-way communication takes place, i.e.,
both teacher and students share their views on a particular concept.
 Characteristics of Discussion Method:
1. The Discussion method is based on the exchange of ideas and thoughts.

2. It Stimulated group thinking.

3. The Discussion method helps the students engage in reflective learning.

4.The methods gives the students freedom to express their thoughts without hesitation.

5. Discussion method of teaching develops the skill of public speaking in the students.

6. It develops cooperative thinking among the students

7. This method develops the habit of group work.

4. Concept of Discussion Method :

The law teachers can use considerable learning techniques in law classes along
with the lecture method to encourage the skills of legal investigation, synthesis, analysis
and appraisal etc . Hess, for example, describes the benefits of discussion. Discussion
allows students to “discover” ideas, which leads to deeper learning. Good discussions
prompt students to use higher-level thinking skills: to apply rules in new contexts,
analyse issues, synthesise doctrines, and evaluate ideas. Through effective discussions
that expose them to diverse points of view, students develop values and change attitudes.
Discussions can provide teachers with valuable insights about their students’ learning and
their creative approaches to problems

It is often recommended by the experienced seniors that discussion as a technique should


be used more frequently by law teachers.

Discussion method operates in three stages:


1. The teacher gives a problem. Acts as facilitator

2. Student try to find a solution- does a research

3. Student learns on his own with the help of the problem.


5. Types of Discussion Methods :

Discussion method may be done in the following forms:

5.1 (a)Debate

Debate is a formal discussion of an issue in a classroom, at a public meeting or in


a state or national assembly. In a debate two or more speakers express opposing views.
The teacher acts as facilitator. The following things will happen during the debate

1. The teacher gives an issue to debate on. He/she acts as facilitator,

2. Student try to find appropriate points- does a research and comes ready with the notes or his
preparation to place the points before the other student i.e. 52 his opponent. He comes so
prepared that he is ready to refute all the points of his opponent and same is with the opponent.
Here the student is prepared for understanding quickly and making a reply promptly,

3. Students are given a time limitation and therefore they learn that they have to be quick, up-to-
the-point and brief yet clear and covering all the required points,

4. With the help of the problem in issue the students try to learn on their own.

5.2 (b) Small Group Discussion:

1. In this method a number of people will set together in the same place as in a classroom or
outside the classroom. Students form groups and teacher give them an issue to discuss on certain
topic. Then one or two of them may make presentation also if required. It is different from a
debate the whole group is talking on the same issue at a time. However the discipline has to be
maintained and the teacher or a student can control on the group.

The group discussion has to be finished in given time and then the all discussion
must be summed up by the teacher or a student. The following things will happen during
the small group discussion.

1. The teacher gives an issue for discussion. Acts as facilitator,

2. Student try to find a solution- does a research,


3. Students try to learn on their own.

5.3 (c) Round Table Discussion:

A round table discussion either in the classroom or at the meeting hall in the
college. may be arranged .Within the college system, a round table discussion involves a
healthy academic interaction between the teacher and the students; or between the
students. It is a pleasant confidence building experience among students. It is just like a
group discussion, teacher give them an issue to discuss on certain topic. It is different
from a debate the whole group is talking on the same issue at a time. However the
discipline has to be maintained and the teacher or a student can control on the group. The
round-table discussion has to be finished in given time and then the all discussion must
be summed up by the teacher or a student. The following things will happen during
round-table discussion

1. The teacher gives an issue for discussion. Acts as a facilitator,

2. Seating arrangement is like those in meetings; round-table,

3. Student try to find a solution- does a research,

4. Students try to learn on their own.

5.4 (d) Symposium:

The teacher organise this kind of meeting at which experts discuss on a particular
subject. The main objective is to ensure that it involves a healthy academic interaction
between the teacher and the students and between students and students. Students are
given the opportunity to build confidence, gain knowledge and discover things by
themselves. Here also the topics of discussion are pre-decided, hence there is lot of scope
to prepare and talk on the given topic. But expectation is that you are an “expert”.

With this expectation the other who do not think themselves as expert they are
reluctant and do not participate or rather feel discouraged. 54 All the methods involve a
lot of reading, research work, command on language good communication skill and the
person presenting must be able instantly remember all his points of argument and must
be able to convince the audience or listeners when posed with a question. The teacher
also gives an extempore for testing the knowledge of the student. But an extempore is
different from discussion.

In this method the teacher has to give the issue for discussion, give enough time
for the student to prepare, The teacher will give them an issue to discuss on certain topic,
acts as facilitator, maintains the discipline and controls the group. The group discussion
has to be finished in given time and then the all discussion must be summed up by the
teacher or a student. It is duty of the teacher to give the issue for discussion related to the
syllabus, thus this will help the student to learn as well as the student does not find it use
less or irrelevant. If the topic is included in the syllabus the student avoid to study from
the notes and becomes an independent as well as makes his/ her own notes. This
encourages the student to adopt self-study method.

6. Techniques of Discussion:

As the discussion session in the class proceeds, the teacher can help students by
asking facilitating questions this helps to promote the process and progress of discussion.
Some of examples of facilitating questions are or can be as follows:

 Prompting questions:

These types of questions help students to organize their thoughts and make
connections with other ideas and elements of the text. They can bring themselves on the
track and make a good argument.

 Justifying questions:

Teacher demand justification this require students to provide evidence for their
opinions or arguments. Thus the students read well, make a good research and even come
well equipped with the required documents. Same as the lawyers come in the courts with
case laws and law books.

 Clarifying questions:
when teacher asks to clarify some point, the student attempts do so, this helps the
teacher to check on knowledge of the student and verify his/her understanding of the
subject.

 Comparative questions:

if the teacher wants a comparison between certain facts the student is required to
draw equivalent, dissimilarity with other readings, theories, studies, etc. thus the student
studies different material also for a good comparison.

 Connective questions:

similar like comparison the student tries to establish links with other material or
concepts arising from their experiences, other readings. Such as some social aspects,
usefulness of law, human rights, noise pollution etc.

 Analytical question:

when students are asked to analyses their own discussion they look at it critically
and come to know their own mistakes. At the same time they realise their might, wit and
wisdom. Carbone suggests a “think-pair-share” technique where “[s]tudents spend a
minute or two thinking about an answer or solution. Students then pair up to discuss
(share) their answers. The instructor then may ask for several students to share their
answers with the whole group.

7.Usefulness of Discussion Method.

“I hear and I forget. I see and I believe. I do and I understand.”

– Confucius

Some of the techniques to be adopted in discussion method are:

1. The teacher should spend enough time in preparing the process and steps of
discussion. The same should be told to the students. Inform the students about the topic
in question including pre-discussion assignments so that they can be well prepared and
make noteworthy contributions. He must provide discussable topics to the students which
presuppose some background information or knowledge by the students and which is
included in the syllabus as well as within their intellectual ability.

2. Different attribute of the topic and its limitations should be decided for the
selected topic of discussion.

3. Students should know the time limit to reach a conclusion. Yet to justify the
activities of the students sufficient time should be allotted to discuss all the issues.

4. Arrangement of seats to be in circular or semi-circular formation that will allow


close interaction amongst the teachers and students.

5. The teacher should begin with introduction of the topic, the purpose of
discussion, and also introduce the students participating in discussion.

6. Before beginning of discussion, background information about the topic should


be provided so that those who are not actively participating have the idea of the
discussion.

7. The environment should be positively created to promote the process of


discussion. It should be such involving every one. Provision of adequate teaching aids is
essential. Teaching aids such as video player, projector etc and books can be an
additional help.

8. Well-designed pre-determined questions to be asked to extract more


information on the topic.

9. The teacher at the end should summarize the discussion. Teacher should draw a
summary of important points based on the students’ acceptable contributions

8.Merits of Discussion Method.

Merits/ Advantages

1. Discussion in the classroom makes a teacher to be well prepared and to organize the
classroom for best results.
2. It gives the students good opportunity to participate fully in the lesson and contribute their
ideas. By expressing their ideas about concepts, they are exposed to some clarifications, engage
in argumentation thereby gaining more knowledge and confidence.

3. Discussion method, being an interactive process, aids the teacher towards a better
understanding of his students.

4. It can be used to promote inquiry mind and to provide good practice for problem–solving.

5. Socially, students develop the spirit of accepting peers’ ideas and views.

6. Hidden talents are discovered while creativity and initiative are promoted.

7. There is more participation of students.

8. Students listen to other’s opinion & then express their own opinion. This develops their
analytical power.

9. Teachers discuss the points that were missed during discussion this adds to the knowledge of
the students.

10. Students learn on their own & find out explanation points.

11. They also exchange their ideas.

12. Students get point of view of all and not only those who always speak.

13. After discussion when students give their presentation, teacher corrects their mistakes. 14.
Students can make their own notes.

15. This type of learning is more effective

16. They don’t have to rely on routine learning.

17. The exercise to be worked out develops creativity among students.

18. It evokes thinking among students.

19. Students have time for preparation of topic. 59


20. If the students have material and knowledge before discussion they get boosted for talking as
well as come up with new and latest information.

21. Concepts become clear after discussion.

9.Demerits of Discussion Method.

Demerits/ Disadvantages

1. Lengthy method: Discussion method is a mainly interactive process involving a multiple flow
of communication between student and student and student and teacher, therefore takes a huge
length of time.

2. Little ground is covered in the curriculum because of excursion. 60

3. Some students may never participate either because they lack the knowledge of the
background to the topic or they are not afforded the opportunity to do so.

4. Slow learners feel shy to contribute or be part of the exercise because the brighter students
may dominate the discussion. Since the discussion method is highly dependent upon intelligence
and good communication skills, because they may shy away from the exercise.

5. Only those students participate who have confidence rest do not participate.

Conclusion:

The discussion method can also help students learn how to: Reconcile
opposing arguments, Formulate arguments to reach a consensus, and Mitigate fear of
sharing opinions. The discussion method is also known as the Harkness Method,
which involves students sitting around a table and working together to find new
information.
Discussion methods are a variety of forums for open-ended, collaborative
exchange of ideas among a teacher and students or among students for the purpose of
furthering students thinking, learning, problem solving, understanding, or literary
appreciation. Participants present multiple points of view, respond to the ideas of others,
and reflect on their own ideas in an effort to build their knowledge, understanding, or
interpretation of the matter at hand.Discussions may occur among members of a dyad,
small group, or whole class and be teacher-led or student-led. They frequently involve
discussion of a written text, though discussion can also focus on a problem, issue, or
topic that has its basis in a “text” in the larger sense of the term (e.g., a discipline, the
media, a societal norm). Other terms for discussions used for pedagogical purposes are
instructional conversations (Tharp & Gallimore, 1988) and substantive conversations
(Newmann, 1990).

UNIT 5 THE SEMIAR METHODS OF TEACHING

Seminar Method.
- Definition, - Objectives - Basic requirements -

- Advantages

Types of Seminars
- Mini seminar - Major seminar - National
seminar - International seminar

Committee constituted for Seminar.


Role of President or Convenor Role of
Organizing Secretary

Role of Chair Person of the Technical Session Role of the


Speaker

Role of the Paper presenter Role of the


observer

Steps involved in Seminar.


- Before seminar (pre seminar phase)

- At the course of seminar (running phase)

- After the seminar (post seminar phase)

Evaluation of Seminar method. Merits


of Seminar method Limitations
of Seminar method Seminar
method – An example.

SEMINAR METHOD
The seminar method is the most modern and advanced method of teaching. A seminar is an
advanced group technique which is usually used in higher education. It is an instructional technique
it involves generating a situation for a group to have a guided interaction among themselves on a
theme. It refers to a structured group discussion what usually follows a formal lecture or lectures
often in the form of an essay or a paper presentation on a theme.

Reading maketh a full man; writing an exact man; and conference a ready man stated by
Francis Bacon. The skills such as reading, writing and talking are essential for the personality development of a
man. The seminar method integrates such skills of reading and writing with presentation skills.

This seminar method is employed to realize the higher objectives of cognitive &
affective domains. The higher learning process requires the interactive and integrated
methodologies based on the psychological principles. The seminar method applies such
technique of human interaction / intervention with the learning and teaching experiences.

Aims & Objectives:

The main objectives of this unit are as follows;-


 Defining the seminar
 Classifying and listing the objectives of seminar method.
 Understanding the pre-requisites to be included in the seminar
 Listing the advantages and special features of Seminar method
 Distinguishing the types of seminar
 Understanding role and functions of seminar members.
 Acquiring the skills of implementation and organizing the seminar.
 Understanding the evaluation of seminar method of teaching.
 Analyzing the limitations and applications of seminar method.

Seminar Method:

Seminar is a teaching technique for higher learning. A specific subject or topic is


delivered as an article or report in the seminar. The article and its concepts submitted in the
seminar are analyzed and discussed through group discussion to arrive a final decision or
concept. (C.N. Raja & T.P. Rao)

Aim & Objectives of Seminar Method:


This seminar method is utilized to realize the higher objectives of cognitive and affective
domains.
Cognitive objectives
i. To develop higher cognitive abilities.
ii. To develop the ability of responding in this manner would involve higher cognitive actions.
iii. To develop the ability of keen observation of experience, feelings and
iv. To develop the ability to seek clarification and defend the ideas of others effectively.

Affective objectives
i. To develop the feeling of tolerance to the opposite ideas of others.
ii. To develop the feelings of co-operation with other colleagues and respect of the ideas and feelings
of others.
iii. To develop the emotional ability among the participants of the seminar.
iv. To acquire the good manners of putting questions and answering the questions of others
effectively.

The human interaction under this technique develops the good manners and skills
among the participants. Provide a good learning and scholastic experience to the
participants of seminar.

Pre-requisites (Basic Principles) to be included in the seminar:


 This seminar method depends with the lingual, social and emotional instances and its maturity level.
 The complex and undefined concept or article must be read and discussed for the meaningful learning
experiences and new concept.
 Group discussion is emphasized. The kernel of seminar is stressed.
 The value and success of the seminar depends on the path of the learner and their learning
experiences through the discussion. The learner can advocate and interact in group discussion with
his experiences and concept derived. Both the group and learner can transform their ideas and to
derive a new conclusion also be anticipated.
 In the lower level of learning experiences the concepts are explanatory but in this higher level of
learning experience the theme or concept centered and need more evidences and explanations through
the discussion.
 The interactions in this method develop observation and questioning skills, evaluation skills using
their own learning experience.

Advantages and special features of Seminar Method.


 This seminar method gives good motivation and learning experience.
 Help to evaluate the learn-ability of learners.
 Regulate the creating and organizing of facts and information.
 Dissemination and retrieval of information is scientifically managed.
 Develop the self reliance and self confidence.
 Also inculcates the responsibility and cooperative nature.
 This method is the best for socialization.
 Students’ interaction is possible in participation and production of teaching
learning process.
 Traditional monotony is abolished in this method.
 Ensures the understandability and enhances the capability of the students learning.
 Seminar is always subject / theme specific, so that sufficient knowledge
about the concerned subject can be developed.
 The presenter or the reader of the article can get further clarifications in his subject.
 Develop the questioning skills.
 The data processing and analysis also play a vital role in this method.
 This makes teaching and learning process lively.
 The student receives good information from his teacher and the fellow students.
 A seminar does not end in the premises after the completion of discussion, the
group in smaller groups carries on the discussion in informal settings in off
campus. This is certainly a strong advantage of using seminar method.
Types of Seminar
Seminars are conducted in various stages. Based on the
size and organizational aspects the seminars can be classified
in to four types. viz.
1. Mini seminar
2. Major seminar
3. National seminar
4. International seminar

Mini seminar:
Its coverage and scope are small and simple. A small population is enough to hold this
seminar. A discussion held over the topic taught or to be taught with the students is known as
Group discussion. Such group discussions held in an organized way within a class room, it is
called mini seminar. This mini seminar gives the students training in questioning skills,
organizing the information and presentation skills of seminar. A mini seminar is felt
necessary because it gives good experience to conduct a major seminar at Institutional level.
Major seminar:
The seminar conducted at an institutional or departmental level for a specific topic or
subject is known as Major seminar. Usually students and teachers are participating in this type
of seminar. This major seminar can be organized at department level for every month. A
specific topic or subject is selected for the theme of the seminar.

National seminar:
An association of any kind particularly with academic or professional interest or an
organization (Government, Firm, etc.,) conducts the seminar at National level is called
National seminar. The subject experts are invited to the seminar for discussion. The Secretary
of the seminar prepares the schedule and functionaries for seminar.

International seminar:
Usually the seminar conducted by an international organization or agency is known as
International seminar. Theme of this seminar has wider aspects. Globalization, Renovation,
Atomic energy agreements, Policies implementation and modification etc., are examples for
themes of International seminars. A Nation or its body can conduct or organize the
international seminar.

Seminar Committee:

Seminar is conducted or organized by the committee proposed


for this purpose only. This committee constitutes a chairperson,
Organizing Secretary and subject experts who are expertise in the theme
proposed for seminar. The organizing committee guides and helps with
the functions of Chair person and organizing secretary. Usually a
seminar has been conducted with the following team of organizing body.

1. Chairperson or President / Convenor of Seminar


Naturally, S/he may be the apex person of the Institution / Department / Government /
Firm / Policy maker of the concerned body or agency.

2. Organizing Secretary of Seminar


Usually he is nominated by the Chair person or President of the Seminar committee.
S/he must be a good administrator and subject expert in the field proposed theme of
the seminar. He must be the person of tolerance and capable of doing things in right
time with right persons.

3. Chairperson of the Technical Session of seminar


S/he must be the person with expertise in the theme proposed for the seminar. S/he would
have a good experience to perform all the activities of technical session which is vital
to the seminar.
4. Speaker of Seminar
S/he is the active participant of seminar presenting his / her paper among the other
participants in the presence of Chair Person of Technical session of seminar.

5. Participants / Paper presenters of seminar


The people who are presenting papers and observing the paper presentation by
participating in the seminar are termed as Paper presenters and Participants of the
seminar.

Role and functions of the persons involved in the Seminar

Role of President or Convenor :

The convenor has to plan and prepare the total functionaries. He is the core person and
decides the theme of the seminar and fixes the objectives of seminar. He is the key
person to hold all administrative functions and advisory for the seminar.

Role of Organizing Secretary :

He is the key person of the Seminar and responsible for the planning and executing the
functions of seminar. He is the prime advisory for the convener in selecting the
appropriate functionaries for technical session and selection of paper presenters. The
time and venue of seminar and other administrative works are decided by him with the
advice of convenor. He has to circulate the circulars regarding the seminar (Call of
Papers, Seminar information etc.,) among the participants and the firms or institutions.
He is organizing the entire course of seminar till end session.

Role of Chairperson of the Technical Session of seminar :

He is the only person to hold the complete responsibility of the whole technical session. He
should have the adequate knowledge about the subject or theme dealt in the seminar.
Also he is cooperative and clarifies the speaker’s presentation. He has to control the
whole session with lively instructions and information. If necessary, he may involve
in the discussion but it must encourage the group and speaker into direct directions. At
the end of each session he has to brief the discussions held by the speakers also he has
to provide the vote of thanks to the participants and the members of seminar
committee for their cooperation and participation.

Role of the Speaker / paper presenter of seminar:

The speaker or paper presenter is the person who prepares an article or paper about the
theme or sub-theme of the seminar to read and discuss in the seminar concerned. He
should prepare his paper with right and updated information with sufficient knowledge
about the paper or subject he dealt. Also he may issue the copies of his paper to the
participants. This makes the observers and participants for warm participation with
good discussion forum. He has to reply to the group or questioner without ambiguity.
He should be tolerant when the chair person interrogates his paper with remarks.

Role of the participants of seminar :

There may be 25-40 participants in each sitting only allowed. The participants should have
knowledge about the theme of seminar. S/he must have the questioning skills. S/he
must appreciate or criticize speakers’ ideas and concepts positively. Participant may
express his own experience and knowledge to interrogate speakers’ view. But it must
be relevant to the discussion held in the seminar. S/he should not be negative in
attitude. The interaction with the speaker must be carried out with the permission of
the chair person of technical session of seminar.

Role of the observer of seminar :

The eminent persons and Honorable guests are invited to attend / participate in the seminar
are known as observers. They have to observe the discussion and other events
occurred in the seminar and deliberate their own views regarding them with the
permission of Chairperson of the technical session. Their views and impressions play a
remarkable role with the discussion and finalization of the concepts derived in the
seminar theme. However they should avoid the negative and inappropriate views
against the seminar theme or speakers.

Steps involved in Seminar:


The seminar is a process which allows the persons to discuss a theme in a peer group with
subject experts in an objective method. The steps of the seminar method are classified in to
following three steps:
- Before seminar (pre seminar phase)
- At the course of seminar (seminar phase)
- After the seminar (post seminar phase)

Activities involved in the preliminary stage of seminar (pre seminar phase):

 The following activities need be done in preliminary stage of seminar.


 Selection of seminar theme and its sub-themes
 Venue (availability of physical facilities, etc.,), Date(s), and Time (duration of
each session) are must be finalized well in advance.
 The panel of specialists, subject experts, Chief Guests, Observers for seminar must
be prepared and obtaining the concurrence from the President or Convenor of the
seminar.
 The permission must be requested from the persons listed in the panel and
from their head offices to utilize their services for seminar.
 A circular regarding the seminar and its information must be prepared without ambiguity.
 The seminar circular must be circulated well in advance to the people (must
have the relevant knowledge about the theme of the seminar) who are able to
participate in the seminar.
 The selection of the paper presenter / speakers must be based on the article
submitted by them and their professional excellence. Such selected Paper
presenter will be informed with the necessary regulations to be followed by
them in the seminar.
 A compendium of selected papers must be prepared by a expert committee.

Activities involved during seminar (seminar phase):

 Ensure the physical facilities (Stage settings, Seats, Audio-Visual equipments,


etc.) available for the participants of seminar.
 Welcome the Chief Guests, Chair persons of Technical session,
Observers and Participants of seminar and encourage their active
participation in the seminar
 The compendium must be distributed to the participants before the beginning of seminar.
 The seminar theme and its sub-theme need be explained.
 Guide the paper presenters for their location and time of seminar session
before the beginning of seminar.
 The Chair person of technical session and the paper presenters and speakers
must manage the time effectively.
 Proper assistance must be ensure for every speaker / paper presenter to facilitate
their paper presentation by providing appropriate Audio, Video equipments
such as Public Address System, Over Head Projector, LCD projector etc.
 At the end of seminar session, the seminar events will be briefed by the Chairman
of the seminar. This gives a clear definition to the seminar conducted and the
further steps to be done in future also.
 The chairman or organizing secretary will announce the concept derived by the seminar.
 Deliver of Vote of thanks to the Participants, Seminar Committees and all the
people who engaged in the seminar activities either directly and indirectly.
Activities involved after the end of seminar (post seminar phase) :

 Correction of the presented papers / articles from the authors (paper presenters)
must be done by themselves.
 The restructuring of paper submitted is essential, because the clarifications
received during the discussion must be incorporated. A clear, definite idea or
concept of each paper will be reached through the restructuring the seminar
paper.
 Compilation of the restructured papers will be done by a panel of experts.
 The prepare compilation (Compendium) must be sent to the concerned firms,
institutes, Agencies, Government departments for further follow up activities.
 The compendium may be distributed on request to the people of similar interest
also (with the permission of Chair person of Seminar)
 Finalization of Accounts must be done. A clear budget report must be prepared
and sent to the auditing committee / officers for approval are essential.

Evaluation of Seminar:
 The seminar can be evaluated using formal and informal evaluation methods.
 The evaluation must be made to get the immediate feed back from the speaker
and participants regarding the seminar paper and other seminar details.
 The objectivity of the paper presented, the view of audience also need be evaluated.
 The observation schedule, questionnaire can be used as evaluation tools for seminar.
 The information obtained through the evaluation tools must be a feed back for
the paper presenters.
 The evaluation of overall seminar process can be used for the study and feasibility of
forth coming seminars and its arrangements.

Merits of Seminar method:


 Naturally, the spontaneous learning can be achieved effectively in this method.
 Seminar is usually learner centered.
 Information seeking and retrieval behavior is encouraged very much in this method.
 The learner himself prepares and compiles his own paper for the seminar
gives readiness of mind and learning becomes structured.
 Learning by doing is encouraged in this method.
 The paper presenter / participant receive a reinforced learning experience
from the Group discussion.
 Learning experiences is highly structured by the learner himself.
 The teacher or chair person of technical session only plays the Guidance and
instructional role.
 Develops cognitive, affective domains based learning.
 Norms of behavior is developed and reinforced.
 Develops open mindedness, suppress the subjective ideas from the learners.
 The interactions and interrogations develops the spirit of information
seeking behaviors (norms of behavior)
 The data processing skills, compilation skills, communication skill are easily
inculcated in this method.
 Learner gets in-depth knowledge of the subject he presented.
 This method built better social values and fault tolerance levels in the
minds of learner.

Limitations of Seminar method

 Setting up of a seminar for every topic in


the Text is not feasible.
 The subject area to be taught must be
relevant to the theme of the seminar.
 The seminar themes must conform the
learning experiences to be inculcated to
the students.
 This method found fit for higher learning only.
 Implementation of this method for
lower classes is cumbersome.
 Only matured and balanced minded teachers can make this method successful.
 The teacher must be resourceful (both in academic and administrative) in nature.
 Time management is some what difficult.
45
 Unnecessary gossips, glitches among the participants may deteriorate the
scope and objectives of seminar.
 Passive observation without interaction also make seminar dull and worthless.

Seminar method – An example.

 Topic in the Text book to be taught under seminar method: Water Pollution
& its Preventive measures and awareness to public.
 Teacher discusses about the topic of seminar and selects the organizing
secretary for the Seminar. The organizing secretary prepares a panel of
subject experts with the help of teacher. With the advice of Head
master, organizing secretary and the teacher form a committee and
select the Chair person for Technical Session and Speakers.
 The organizing secretary classifies the seminar theme into sub-themes
which are relevant with the learning experiences with the help of
teacher and selected eminent students.
 The organizing secretary prepares a circular for information about the
Seminar theme and its sub-themes, Venue, Time, requirements etc.

A sample circular:

Dear Student Teacher,

I am pleased to furnish below the details of the Seminar on Water Pollution & its Preventive measures and awareness to
public' to be held on June 25th, 2009, at Lawspet.

Your active participation is highly solicited and get the benefit of this event. I also request you to kindly share
information regarding the Seminar with your friends of the academic circle. Kindly refer the circular enclosed for further
information.

 The secretary receives minimum 10 papers from students for each sub-theme
listed above. The paper presenter distributes the copy of the seminar
paper to the participants and read and discusses the topic he has written.
 Based on the discussion, the other learners also learnt the subject described.
 The final compilation of presented papers will be done by the secretary
and the paper presenters.
 This final consolidation (compendium) becomes a good reference source

District Institute of Education and Training, Lawspet, Puducherry.

Institutional Seminar on

Water Pollution & its Preventive measures and awareness to public Sep. 26,

2009

The Seminar is planned as a consultative process, to provide a forum for discussion and
collaboration, to engage participants involved in educational activities and to arrive a common
46

UNIT 6 EXAMINATION SYSTEM AND PROBLESMM IN EVOALUTION


EXTERNAL AND INTERNAL ASSESSMENT : (not fulfilled)

Why in News?

In the ever-evolving landscape of education, the examination


system plays a pivotal role in shaping learning outcomes and
determining the credibility of academic certifications.

 However, recurrent scandals, inconsistent standards, and a


pervasive focus on rote memorization have raised concerns about
the effectiveness of the existing examination system in
India.
What are the Concerns Regarding the Existing Examination System in
India?

 Credibility and Educational Standards:


o Scandals during examination seasons impact the credibility
of examination boards.
o Lack of credibility affects educational standards as teaching
aligns with examination patterns, often promoting rote
learning.
 Short-Term Memorization:
o Midterms, semester exams, and unit tests provide a lighter
schedule but encourage short-term memorization.
o Students often study for marks, forgetting the learned content
soon after exams.
o Education should focus on long-term learning, internalizing
knowledge rather than short-term memorization.
 The system needs to be practical, testing students' abilities
effectively.
 Assessment Quality:
47
o The validity and comparability of the summative examination
across institutions are meaningless today. There are
complaints that examination boards test only memory,
leading to students being coached to memorize answers
rather than develop higher-order thinking.
 Additionally, question papers often have grave flaws such
as language errors, irrelevant questions, and errors in
conceptualization.
o The examination system is prone to cheating and
malpractices, such as copying, leaking, impersonation,
etc.
 This undermines the credibility and quality of the
assessment and the education system.
 Decentralised System:
o India has numerous higher education examination systems
with diversified modes of assessment, including 1,100
universities, 50,000 affiliated colleges, and 700 autonomous
colleges.
 The total student enrolment exceeds 40.15 million,
showcasing the vastness of the higher education sector.
 Additionally, there are 60 school boards for secondary and
higher secondary education, certifying over 15 million
students annually.
o Secrecy and standardization are considered hallmarks of good
examination boards, but secrecy without proper checks
leads to scandals.
o Uniformity in examinations, while seeking consistency,
can hinder experimentation in assessment and
curriculum.
 This poses a notable risk to the credibility of education.
Balancing standardization with room for innovation is
essential for a dynamic and effective education system.
 Impact on Employability:
o Employers rely on their assessments rather than
institutional certifications for evaluating candidates.
 The emphasis on higher order learning is crucial for
employability, yet institutional examinations often fall
short.
48
 This in turn has created a coaching market for
competitive examinations and skilling.
What Steps Can Be Taken to Address the Challenges in the
Examination System?

 Ensuring Learning Outcomes:


o Specify minimum standards of learning outcomes to
provide a clear benchmark.
o Encourage academics across disciplines to contribute to
curriculum design, pedagogy, and assessment systems.
 Subject and Skill-Specific Assessments:
o Incorporate subject-specific and skill-specific assessment
processes to ensure a comprehensive evaluation.
 Expect university degrees and school board certificates
to truly reflect the learning achievements of
students.
 Advocate for comprehensive and challenging assessments
that distinguish students based on their academic
attainments.
o Emphasize continuous assessment throughout the course, with
teacher involvement and student participation.
o Make summative assessment and evaluation transparent by
implementing checks and balances.
 Leverage Technology for Credibility:
o Utilize technology in assessments to enhance credibility,
standardizing question papers and evaluations.
o Explore market-available software solutions for both
centralized and distributed assessment systems.
 External Audit of Assessment Systems:
o Conduct regular external audits of assessment systems in
universities and school boards.
o Establish benchmark principles and standards for audit
reports, ensuring reliability and consistency.
o Grade examination boards based on transparency, reliability,
and consistency, reflecting these aspects in audit reports.
 Transparency Measures for Students:
49
o Implement measures for transparency, allowing students to
access the evaluation process and address grievances.

Unit 7 student participation in law school programs –


Organization of seminar , publication of journals and
assessment of teachers (skipped unit )

Unit 8 CLINICAL LEGAL EDUCATION – LEGAL AID, LEGAL


LITERACY, LEGAL SURVEY AND LAW REFORM

CLINICAL LEGAL EDUCATION IN INDIA -AN ANALYSIS

Clinical legal education (CLE) is important in equipping law students with the necessary
skills to proficiently indulge in practicing law as a profession. It entails instructing students to
become lawyers through experiential learning or "learning by doing." CLE is currently
experiencing a time of expansion and advancement, which has led clinicians worldwide to
contemplate the implications of its significant achievements over the last four decades for its
future. Typically, law schools in India provide "legal aid cells" where young minds engage in
legal assistance for underprivileged areas. Clinics are crucial as they equip students with
essential skills and techniques, such as legal writing and research, interviewing, investigation
and fact-finding skills, which are necessary for the practice of law. Students also cultivate a
strong awareness of empathy and social justice via their efforts. The aim of this submission is
to explore the various types of Clinical methods used in law teaching, understand their
importance in the curriculum, and examine the present practices and schemes prevailing in
“Indian Clinical Legal Education”. This paper examines the definition of “clinical legal
education”, traces its historical development, outlines the fundamental prerequisites for
clinical legal education, and underscores the significance of clinics and clinical teaching
methods in the field of Law.

KEYWORDS: Legal Education, Clinical Legal Education, Clinical Methods.

INTRODUCTION

In India, “Legal education” primarily pertains to the instruction and training of individuals
aspiring to become lawyers prior to commencing their professional practice. Such education
50
in the nation is provided by both conventional universities and specialized law institutions
and institutes. It is typically pursued after completing an undergraduate degree or as part
of an
integrated degree programme. The regulation of Indian legal education is overseen by several
authorities, including the UGC, the concerned State government, the affiliating university,
and Indian Bar Council. In India, legal education is provided by a range of institutions,
including grant-in-aid private law colleges, government law colleges, National Law
Universities, Global Universities, private universities, private law colleges and Deemed
Universities.

“CLINICAL LEGAL EDUCATION” MEANING


The term "Clinical Legal Education (CLE)" refers to the mechanism of teaching law students
with the aid of real-world, hands-on experiences in legal clinics or similar settings. Clinical
Legal Education refers to a form of learning that aims to help students comprehend the
practical application of the law. It is just one method of integrating theory and practice 1. The
term “Clinical Legal Education” can be defined in multiple manners. "Clinical Legal
Education is a comprehensive and versatile form of education that can cultivate the human
resources and idealism necessary to enhance the legal system. A lawyer who has received this
type of education would be capable of making a more constructive contribution to national
development and social change.2"

Clinical Legal Education encompasses both clinical courses and practice-oriented courses and
activities that are either part of the curriculum or offered separately. Clinical Legal Education
transcends being merely a means for studying lawyering and the legal profession. The
implementation of CLE is necessary to provide students pursuing law with a more profound
and significant comprehension of the law. This approach has a historical background3.

HISTORICAL BACKGROUND RELATED TO “CLINICAL LEGAL


EDUCATION (CLE)”

The origins of CLE in India can be traced back to the “Legal Education and Legal Aid
51
Reform Movements”. Under colonial control of British rule, Indian legal education adhered
to the conventional concept of training clerks rather than managers or advocates4. The main
objective was to uphold the existing financial needs and desires of UK, rather than to initiate
any changes within the legal profession at local level. Following the attainment of
independence, education with respect to law was anticipated to align the legal system
prevailing in the India with the political, economic and social aspirations of the nation. Law
colleges in India have the potential to perform a crucial role in advancing and facilitating
justice, especially by practicing legal aid. However, prior to the introduction of clinical
programs, the inclusion of skills training and social justice work was not a priority in legal
education. The law school syllabi in India primarily focus on legal doctrine, with classroom
courses predominantly consisting of traditional lectures. The emphasis on "the law"
overshadowed the need of practical training in law school to such an extent that any form of
practical instruction appeared inappropriate. The concept suggested that law graduates would
acquire knowledge and skills pertaining to the legal profession upon commencing their
professional practice5. The inception of “Clinical Legal Education (CLE)” in India occurred
in the 1960s, originating from the “Legal Aid and Legal Education Reform Movements”.
Later on, the “Bombay Legal Education Committee” in 1949 proposed that practical courses
be made mandatory exclusively for students pursuing a career in law. The recommended
teaching approach would involve lectures, group discussions, and moot court competitions.
The “Law Commission” in its 14th Report given in 1958 has recognized the importance of
professional education and the requirement for a combination of vocational training as well as
academics. It is advisable that individuals who are interested in pursuing the career in
practicing law in the courts should complement their university education with a specialized
professional degree that focuses on practical skills6. The focus of the report given by the
Commission was to establish and enhance the entire quality of legal education. Consequently,
in 1977, the BCI suggested within curriculum, the hands-on training should be included. The
“University Grants Commission (UGC)” reports have significantly influenced the
development of CLE. These reports have defined the goals of reformed education, which
include enhancing students' receptiveness to learning and their ability to showcase their
comprehension of the law. In 1997, the study led to a significant focus on “clinical legal
education”7. The basic framework of the said education advocates for the development of
professional skills and encourages law school engagement in the securing the people with
social justice. The Law Commission of India recommended in a 2002 study that CLE shall
compulsorily be taught. Currently, Indian law schools have established several "legal aid
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cells" where students, mostly without supervision or oversight of faculty, offer legal
assistance directly to individuals8.

NEED FOR CLINICAL LEGAL EDUCATION (CLE)

CLE is an alternative mode of studying law that involves hands-on learning through practical
experience. Practical instruction instills confidence in students by attributing their
achievement only to their own endeavors rather than external influences. It provides chances
for the application of information and also encourages introspection and self-examination,
fostering self-motivation and strong commitment among students. Additionally, “Clinical
Legal Education” is founded on a pragmatic approach, thereby facilitating the acquisition of
necessary skills for an advocate9. The abilities may encompass research, communication,
client and witness interviewing, counseling, problem-solving, negotiating and drafting among
others. A law clinic can facilitate the acquisition of these abilities, while also fostering a
strong connection between the law school and the community. It can provide guidance and
support to individuals in the community, thereby alleviating feelings of social isolation.
Additionally, the students will have the capacity to comprehend the challenges faced by
individuals from diverse generations and backgrounds. This encounter can enhance their
comprehension of the social standing of others and foster their growth in maturity and sense
of accountability and background. Such occurrence can enhance the level of their
understanding and can further upgrade their sense of maturity and responsibilities.
ADVANTAGES OF “CLINICAL LEGAL EDUCATION”:
The Clinical Legal Education offers several advantages:
1. This entails a distinct method for acquiring legal knowledge, which comprises
experiential learning, sometimes known as "learning by doing". It involves the
utilisation of acquired knowledge. It provides chances for the application of
knowledge, but it also extends beyond this by requiring introspection and self-
examination.
2. Students exhibit strong self-motivation and a high level of commitment towards their
task. Students exhibit a higher level of accountability in their academic tasks.
3. Certain talents hold great significance for a lawyer. Clinical Legal Education is
founded on a pragmatic methodology, which facilitates the acquisition of practical
skills. The talents may encompass abilities such as research, communication, client
and witness interviewing, counseling, drafting, negotiating, and problem-solving.
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These talents hold great significance for a lawyer.
4. There is a requirement for the examination of conduct, professional and ethical duties
of advocates. The inclusion of practical training in “Clinical Legal Education” has led
to its growth in recent years.
A legal clinic can mitigate the situation of isolation by enhancing the relevance of the law
colleges to the society. It can provide guidance and support to individuals in the community
and contribute to the alleviation of social isolation. There are numerous advantages to this.
Additionally, the students will possess the capacity to comprehend the issues faced by
individuals from diverse generations and backgrounds. This encounter can enhance their
comprehension of the social standing of others and foster their growth in maturity and sense
of accountability.

TEACHING METHODS IN LEGAL EDUCATION

1. Lecture Method
Classroom Lectures serve the purpose of elucidating certain course material, encompassing
legal principles, statutory laws, court rulings, and precedents. The current monologue lecture
approach used at law schools, which either completely ignores or very minimally
incorporates practical training through activities such as Moot Courts, Court visits, and legal
research, is inadequate for producing competent lawyers in legal education system
prevailing in present
society. It is imperative to incorporate the exposure of students to criminal, civil and various
other proceedings before the Court as a fundamental component of the curriculum.

2. Case Study
Case study method incorporates the use of court decisions to explain and exemplify the
principles of law. Case study method helps in developing essential legal analytical skills.

3. Problem Method
This should be the primary method of teaching in Legal Education. This method helps
students to get training for solving legal issues by finding out the problem, framing the issues
and lastly analyze the issues by themselves. Problem method ensures maximum student-
faculty interaction. Problem method involves
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 Identify and Diagnose the Problem
 Generating solutions, which mean identifying and framing appropriate legal theories.
 Explaining Legal concept or theory.
 Evaluation of the said legal concept or theory
 Criticize and synthesize the legal Argumentation

This method involves Legal Research as well as Factual Investigation. Both these aspects
play an important role in developing the efficient Lawyering skills.

4. Clinical Methods
The Clinical Methods course combines instruction in Legal Theory with the development of
practical lawyering abilities. It aids in cultivating in pupils the habit of being a proficient
Legal Practitioner. At these Clinics, students are taught the fundamental lawyering skills of
client interviewing. The skills and tasks involved in this field include client counseling, case
preparation, management of law office, legal drafting and research, negotiation and the
application of professional ethics. Within these clinics, students acquire crucial legal skills
through practical engagement with clients, enabling them to confidently transition from being
law students to practicing lawyers.
Clinical Legal Education (CLE) has played a prominent role in Indian legal education. CLE
is important for bridging the divide among practical application and theoretical knowledge.
The inclusion of CLE is crucial in adequately equipping law students with the necessary
skills to effectively indulge in the practice of law. It entails instructing students to become
lawyers through experiential learning or "learning by doing." Law schools and colleges in
India typically provide "legal aid cells" wherein law students, often without direct teacher
oversight, offer legal assistance to underprivileged areas. Clinics are crucial as they equip
students with essential skills, like legal writing and research, interviewing, investigation and
fact-finding, in order to prepare them for the practice of law. Students further cultivate a
strong awareness of social justice and empathy as they engage in meaningful activities with
marginalized communities.

MODEL CLINICAL METHODS

 Internship under the guidance of Advocates- Although, the students are barred
from serving as Counsel for the clients, but they could be assigned to a lawyer who is
55
interested in working with them. Students can be motivated to carry out legal research
relating to a specific matter allotted by the lawyer under the guidance of the faculties.
 Public Interest Litigation- With respect to the matters of public importance, the
students could be motivated to carry out legal research and the research outcome can
be submitted to the relevant authorities. When the concerned authority fails to take
any action, the students can redress the grievances by filing PIL before the High Court
or the Apex Court. These students can learn advocacy skill by involving themselves in
such process.
 Moot Court- Moot Court needs to be organized at regular intervals. Training should
be provided to the students for conducting legal research, researching relevant case
laws and methods of citation, framing legal issues, drafting skills and, Court etiquettes
and identifying significant factual matrix from the case.
 “Free Legal Aid Clinics”- In every law schools, the “Free Legal Aid Clinics” could
be established. In the said clinic, the faculties and students can assist public in
recognizing their issues and sensitize them about the available remedies for them.
Such
legal service is significant since it saves money and time of the prospective clients and
also diminishes the needless litigation. These Clinics provides sufficient platform for
the students in learning the research and fact-finding techniques and interviewing
skills.
 Para Legal Services- Paralegal aid can be provided by the students like rendering
assistance in registration of electoral rolls, deaths, births, marriages, affidavit drafting
and aiding in filling different forms. Law departments can accomplish this task at ease
by collaborating with local government like Municipalities and Panchayats. Such
services are also beneficial in developing various techniques and skills namely, fact
finding, interviewing and drafting skills. Simultaneously, it also ensures greater
assistance to the people in fulfilling their essential legal rights and entitlements.
 Open Forums- It is yet another method to promote Legal education wherein Law
Colleges are involved in adoption of a village. The students are motivated to carry out
research to recognize the issues which as faced by the population living in a specific
village. After finding out the issues, the students can reach out to the appropriate
authorities and thereby arrange public forum. The people residing in village can be
intimated regarding the program and motivated to take part in the forum. They can
approach the relevant officers on a specific date and resolve their problems publicly.
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This type of scheme would provide assistance in developing communication and
drafting skills, problem solving skills, legal research skills, organizational skills and
survey techniques.
 Theater Art- Another method to promote Legal Education is the option for Law
Schools can be organizing public shows, skits, street plays for spreading legal
awareness and literacy and to sensitize people about the free legal services which are
provided by their schools. Law department can get the aid of different NGOs in
making students learn about the skills. By this mechanism, skills such as oratory,
analytical drafting, public performance and communication.

With respect to the Indian context, Law Commission, Bar Council and various other
significant agencies of government and non-government machinery have identified the
significance of clinical legal education. However, the unfortunate fact is that it has yet to
be sufficiently developed. To bring improvements in Indian legal education, following
suggestion has been given.

UNIT 8 TO 11 HAND NOTES


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