The Legal Education - Law Commission of India

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14CHAPTER IIRespective Roles of The Bar Council of India And UGC – AConstitutional and Statutory Perspective:2.0 At the outset, the Commission proposes to examine the existingConstitutional and Statutory scheme concerning legal education.The UGC Act & Entry 66 of List I:2.1 The University Grants Commission Act, 1956 was an Act passed byParliament with respect to the subject matter of Entry 66 of List I of theConstitution of India, viz.,“Entry 66, List I: Coordination and determination of standards ininstitutions for higher education or research and scientific andtechnical institutions.”The Statement of Objects and Reasons appended to the original Bill whichpreceded the UGC Act, states that the word “standards” in Entry 66 of ListI means standards of ‘teaching and examinations in Universities’. It saysthat the“Commission will also have the power to recommend to anyUniversity, the measures necessary for the reform and improvementof University education and to advise the University concernedupon the action to be taken for the purpose of implementing such
15recommendations. The Commission will act as an expert body toadvise the Central Government on problems connected with the coordinationof facilities and maintenance of standards in Universities.The C ommission, in consultation with the University concerned, willalso have the power to cause an inspection or inquiry to be made ofany University….and to advise on any matter which has been thesubject of an inquiry or inspection.”The Preamble to the UGC Act states that the Act is intended“to make provision for the co-ordination and determination ofstandards in Universities.”In view of section 2(f) of the UGC Act, the UGC has control over theUniversities as well as affiliated colleges. In Premchand Jain vs. R.K.Chhabra (AIR 1984 S.C. 981), the Supreme Court referred to Entry 66, ListI as being the basis of the UGC Act of 1956. Later, in Osmania UniversityTeachers Association vs. State of AP (AIR 1987 S.C. 2034), the SupremeCourt observed:“The University Grants Commission has, therefore, greater role toplay in shaping the academic life of the country. It shall not falter orfail in its duty to maintain a high standard in the Universities.”2.2 It was pointed out that the UGC could take all steps necessary tomaintain standards, including fixing qualifications, written tests etc. and theUGC could withhold grants to the Universities if its directives were not
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 and 10: 9in as much as it did not formulate
Page 11 and 12: 11Conference of Heads of Legal Educ
Page 13: 13subjects are: the respective role
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
Page 61 and 62: 61education and laying standards in
Page 63 and 64: 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
Page 111 and 112:
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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