12.07.2015 Views

The Legal Education - Law Commission of India

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116senior counsel in these big cities to increase the number <strong>of</strong> ‘placementstudents’. <strong>The</strong> senior counsel cannot be overburdened by sending a largegroup <strong>of</strong> students nor will senior counsel agree to take a large number. <strong>The</strong>Bar Council has, therefore, to take care <strong>of</strong> the students who cannot getentrance to the chambers <strong>of</strong> seniors in big cities and indeed, who cannotafford financially to stay in the big cities for the purpose <strong>of</strong> placement. Astudent in a remote college in Madhya Pradesh, North East or Gujarat orBihar or from the South cannot go to these big cities or get placement. <strong>The</strong><strong>Law</strong> <strong>Commission</strong> is, therefore, <strong>of</strong> the opinion that ‘placement’ is not asubstitute for ‘apprenticeship’. Further, placement in chambers <strong>of</strong> seniorsin Supreme Court or High Court does not always give an insight <strong>of</strong> what ishappening at the grass-root level in the trial courts. Students must getsufficient knowledge and experience <strong>of</strong> courts at various levels. That iswhy, placement procedure, which cannot cater to the needs <strong>of</strong> studentsfrom all the 400 law schools and odd, - cannot be an effective substitutefor one year apprenticeship.12.14 In this connection, we may point out that in several countries acrossthe world, a graduate from the Bar is not permitted to get enrolled andpractice straightaway. <strong>The</strong>re is a period <strong>of</strong> training between one year ormore. In some countries it even extends to 5 years. Today, an advocate in<strong>India</strong>, once enrolled, can directly address even the Hon’ble Judges in theSupreme Court <strong>of</strong> <strong>India</strong>. We do not think that in <strong>India</strong> we should allow thelaw graduates to address any Court straightaway without further trainingand a Bar examination.

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