The Legal Education - Law Commission of India

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10representing over 460 law colleges in the country. The Congress wasinaugurated by Justice S.B. Majmudar of the Supreme Court of India. TheCongress published a separate volume on the subject containing a largenumber of papers regarding various aspects of legal education. It alsopassed various resolutions. It referred to the ‘Revised Curriculum’prepared by the Bar Council of India (for 3 year and 5 year law courses).The main grievance of the entire Faculty drawn from all over the countrywas that the Bar Council of India was not complying with the requirementof ‘consultation’ with the Universities under sec. 7(1)(h) of the AdvocatesAct, 1961. It was pointed out that under sec. 7(1)(h) , one of the functionsof the Bar Council was“to promote legal education and to lay down standards of sucheducation in consultation with the Universities in India impartingsuch education and the State Bar Councils.”and the view was unanimously expressed that the Bar Council of Indiacould not have revised and fixed the “curriculum” for law students withoutconsulting the Universities. It was even observed that the action of the BarCouncil of India was ultra-vires of the provisions of the Act. The Congressin its letter to the Commission dated 24.7.1999 went to the extent ofsuggesting that the Bar Council should not have any role to play in thematter of legal education or of fixing up the curriculum and it should bevested in a separate body consisting of legal academics.1.7 Again, National Law School of India University (NLSUI) organized,in conjunction with its 10 th Convocation, the ‘First National Consultative
11Conference of Heads of Legal Education Institutions’ at Bangalore on12.8.2002. The conference was inaugurated by the Chief Justice of India,Shir B.N. Kirpal and several Judges, Professors and leading lawyers spokeon the occasion. A draft of the final ‘issues and recommendations’emerging therefrom has been forwarded to the Law Commission of Indiaon 5.11.2002. The Report deals with challenges faced by legal education.It refers to academic goals of legal education; institutional structure;curriculum/syllabi; evaluation/examination; the difficulty in finding goodteachers; technology and connectivity; class rooms; teaching tools andinfrastructure; students; career opportunities and placements; BarExamination/Apprenticeship, governance; accreditation and qualityarrangement; and finally financing. The above Report dated 5.11.2002 sentby the National Law School has also been taken into account whilepreparing this Report.Response of Association of Universities & Others:1.8 The Association of Universities has also sent up its views. Variousother individuals, Bar Councils or Bar Associations have also sent up alarge number of representations.The Commission’s views:1.9 After the Working Paper, the Commission has now had the benefitof a variety of views expressed by the various bodies. It has perused thereport of the Curriculum Development Centre, 1988-1990 and 2001 of theUGC, the Report of the Parliamentary Committee on Subordinate
Page 1 and 2: Law Commission of India184 th Repor
Page 3 and 4: 3colleges for prescribing standards
Page 5 and 6: 5CONTENTSPAGESCh. I Introductory 1-
Page 7 and 8: 7suggestions, while some others opp
Page 9: 9in as much as it did not formulate
Page 13 and 14: 13subjects are: the respective role
Page 15 and 16: 15recommendations. The Commission w
Page 17 and 18: 17considering the provisions of ano
Page 19 and 20: 19The Advocates Act, 1961 thus deal
Page 21 and 22: 212.10 If the UGC Act, 1956 is expr
Page 23 and 24: 23subject of legal education comes
Page 25 and 26: 25“In the field of legal educatio
Page 27 and 28: 27between the Bar Council of India
Page 29 and 30: 29Court Judge are now in the Commit
Page 31 and 32: 31decision cannot be taken without
Page 33 and 34: 33In case, during the tenure of the
Page 35 and 36: 35(4) All questions which come up b
Page 37 and 38: 37Education Committee and who are i
Page 39 and 40: 39the absence of a consensus, the m
Page 41 and 42: 414.7 It must be noted that standar
Page 43 and 44: 434.10 As to the co-ordination betw
Page 45 and 46: 45In the Karnataka High Court Judgm
Page 47 and 48: 47the proposals for the consultatio
Page 49 and 50: 49(a) two law teachers in office fr
Page 51 and 52: 51aspects and we propose to lay emp
Page 53 and 54: 535.6 Rule 9(1) lists 6 subjects fo
Page 55 and 56: 55skill to identify the administrat
Page 57 and 58: 57(6) preparing for negotiation, co
Page 59 and 60: 59technologies which require corres
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61education and laying standards in
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63years, the number of civil matter
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65formulated may be adopted by the
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67Procedure, even though they have
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69Chapter VIIAdjunct Teachers from
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71“And there is no need to fit sq
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73“The adjunct teachers teach the
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75High Court or Supreme Court or be
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77students who will go to the Bar o
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79Inspections:8.4 As per section 7(
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81India, when it wields powers, is
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83one where the college is proposed
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85(The existing section 7A should b
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877C. (1) Where there is a differen
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89(vii) The following clause be add
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919.3 Whatever be the percentage of
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939.10 Prof. Myron Moskovitz of the
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95malpractices. We are only referri
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97get acquainted with several pract
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99Chapter XEducation on Legal Educa
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10110.3 Several of the above Commit
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103colleges located in cities and d
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105Chapter XIDerecognition of Unive
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107Chapter XIITraining and Apprenti
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109The court held that once the rel
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111include problem method, moot cou
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114advocates as well as the requisi
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116senior counsel in these big citi
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11812.17 There is a strong view tha
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120graduates are proposed to be rec
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122Chapter XIIIDisqualification of
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12413.4 Therefore, we are of the em
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1264) Clause (b) of subsection (2)
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128Advocates Act, 1961 for providin
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130prescribe higher standards.(para
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132be amended.Consequently, section
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13430) Section 7(1) (i) to be amend
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The Legal Education - Law Commission of India

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