The Legal Education - Law Commission of India

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110dispute on this aspect. In fact, the question of making somesuggestions regarding admission to law colleges, syllabus, training,period of practice at different levels of courts, etc., was taken up asItem 16 in the last Conference of the Chief Justices held inDecember 1993. The Conference resolved that Hon’ble the ChiefJustice of India be requested to constitute a Committee consisting ofHon’ble Mr. Justice A.M. Ahmadi as its Chairman, and two othermembers to be nominated by Hon’ble the Chief Justice of India tosuggest appropriate steps to be taken in the matter so that the Lawgraduates may acquire sufficient experience before they becomeentitled to practise in the courts. The said High-Powered Committee,after inviting the views of the Chief Justices and State Bar Councilsas well as the Bar Council of India made valuable suggestions. Therelevant suggestions in connection with legal education areSuggestions 1, 12, 13, 15, 16 which are required to be noted. Theyread as under:1. In laying down the standards of legal education, the BarCouncil’s ‘Legal Education Committee’ constituted under Rule 4 ofChapter III of the Bar Council of India Rules, 1965 must reflect theparticipation of representatives of (1) the judiciary, (2) the BarCouncil and (3) the UGC. It is proposed that the Rules be amendedand the Legal Education Committee be restructured to involve thebodies above-mentioned.12. Rule 21 of the Bar Council Rules directing that everyuniversity shall endeavour to supplement the lecture method withcase method, tutorials and other modern techniques of impartinglegal education must be amended in a mandatory form and it should
111include problem method, moot courts, mock trials and other aspectsand make them compulsory.13.(i) Participation in moot courts, mock trials, and debatesmust be made compulsory and marks awarded, (ii) practical trainingin drafting pleadings, contracts can be developed in the last year ofthe study, and (iii) students’ visits at various levels to the courts mustbe made compulsory so as to provide a greater exposure.15. Entrance into the Bar after 12 months or 18 months ofapprenticeship with entry examination. For obtaining thelicence/sanad from State Bar Councils it must be prescribed that oneshould secure at least 50 per cent or 60 per cent marks at the BarCouncil examination.16. So far as the training under a Senior Lawyer during theperiod of one year or 18 months of apprenticeship, the Act or theRules must stipulate that the senior must have at least 10 or 15 years’standing at the District Court/High Court and the student’s diarymust reflect his attendance for three months in the grassroot level ina civil court and for three months in a Magistrate’s Court and at leastsix months in a District Court. The advocate in whose office heworks must also certify that the student is fit to enter the Bar. Unlessthese formalities are completed, the student should not be permittedto sit for the Bar Council examination.”12.7 After saying so, the Supreme Court further observed (p. 211) asfollows:
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Law Commission of India184 th Repor
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3colleges for prescribing standards
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5CONTENTSPAGESCh. I Introductory 1-
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7suggestions, while some others opp
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9in as much as it did not formulate
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11Conference of Heads of Legal Educ
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13subjects are: the respective role
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15recommendations. The Commission w
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17considering the provisions of ano
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19The Advocates Act, 1961 thus deal
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212.10 If the UGC Act, 1956 is expr
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23subject of legal education comes
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25“In the field of legal educatio
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27between the Bar Council of India
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29Court Judge are now in the Commit
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31decision cannot be taken without
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33In case, during the tenure of the
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35(4) All questions which come up b
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37Education Committee and who are i
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39the absence of a consensus, the m
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414.7 It must be noted that standar
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434.10 As to the co-ordination betw
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45In the Karnataka High Court Judgm
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47the proposals for the consultatio
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49(a) two law teachers in office fr
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51aspects and we propose to lay emp
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535.6 Rule 9(1) lists 6 subjects fo
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55skill to identify the administrat
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57(6) preparing for negotiation, co
Page 59 and 60: 59technologies which require corres
Page 61 and 62: 61education and laying standards in
Page 63 and 64: 63years, the number of civil matter
Page 65 and 66: 65formulated may be adopted by the
Page 67 and 68: 67Procedure, even though they have
Page 69 and 70: 69Chapter VIIAdjunct Teachers from
Page 71 and 72: 71“And there is no need to fit sq
Page 73 and 74: 73“The adjunct teachers teach the
Page 75 and 76: 75High Court or Supreme Court or be
Page 77 and 78: 77students who will go to the Bar o
Page 79 and 80: 79Inspections:8.4 As per section 7(
Page 81 and 82: 81India, when it wields powers, is
Page 83 and 84: 83one where the college is proposed
Page 85 and 86: 85(The existing section 7A should b
Page 87 and 88: 877C. (1) Where there is a differen
Page 89 and 90: 89(vii) The following clause be add
Page 91 and 92: 919.3 Whatever be the percentage of
Page 93 and 94: 939.10 Prof. Myron Moskovitz of the
Page 95 and 96: 95malpractices. We are only referri
Page 97 and 98: 97get acquainted with several pract
Page 99 and 100: 99Chapter XEducation on Legal Educa
Page 101 and 102: 10110.3 Several of the above Commit
Page 103 and 104: 103colleges located in cities and d
Page 105 and 106: 105Chapter XIDerecognition of Unive
Page 107 and 108: 107Chapter XIITraining and Apprenti
Page 109: 109The court held that once the rel
Page 114 and 115: 114advocates as well as the requisi
Page 116 and 117: 116senior counsel in these big citi
Page 118 and 119: 11812.17 There is a strong view tha
Page 120 and 121: 120graduates are proposed to be rec
Page 122 and 123: 122Chapter XIIIDisqualification of
Page 124 and 125: 12413.4 Therefore, we are of the em
Page 126 and 127: 1264) Clause (b) of subsection (2)
Page 128 and 129: 128Advocates Act, 1961 for providin
Page 130 and 131: 130prescribe higher standards.(para
Page 132 and 133: 132be amended.Consequently, section
Page 134 and 135: 13430) Section 7(1) (i) to be amend
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The Legal Education - Law Commission of India

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