The Legal Education - Law Commission of India

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2JUSTICELAW COMMISSION OF INDIAM. JAGANNADHA RAO SHASTRI BHAVANChairman NEW DELHI-110 001TEL: 3384475FAX:3073864, 3388870Residence:1, JANPATH,NEW DELHI – 110 011TEL: 3019465F.No.6(3)(62)/99-LC(LS)Dear Shri K. Jana Krishnamurthi ji,20.12.2002I am forwarding herewith the 184 th Report on the “Legal Education& Professional Training and Proposals for Amendments to the AdvocatesAct, 1961 and the University Grants Commission Act, 1956”.The Commission took up the subject of ‘Legal Education’, suo motu,as the said subject is fundamental to the very foundation of the Judicialsystem. The Commission in the year 1999, issued a working paperproposing certain amendments to the advocates Act, 1961. The scope ofthe working paper was wide and it contained five chapters. Chapter Ithereof was Introductory, Chapter II related to ‘Legal Education andProfessional Training, Chapter III to ‘Professional Competence and SocialResponsibility’, Chapter IV to ‘entry of Foreign Legal Consultants andLiberalization of Legal Practice, and Chapter V to ‘Management andDevelopment of the Profession’. However, in the present report, theCommission has confined its recommendations to the ‘Legal Education andProfessional Training’ only.The Bar Council of India (BCI), under Section 7 (1) (h) of theAdvocates Act, 1961, is empowered to promote legal education and laydown ‘standards’ of such education in consultation with the Universitiesimparting such education. The University Grants Commission, underSection 2 (f) of the University Grants Commission Act, 1956 (UGC Act) isalso having power to exercise control over the Universities and affiliated
3colleges for prescribing standards of education. The BCI may prescribestandards of legal education in consultation with the universities. L But inpractice, it is not possible for the BCI to consult each and every Universityand there is no manner prescribed in the Advocates Act, 1961 for renderingeffective consultation in this regard. Therefore, in this Report, theCommission has proposed that the University Grants Commission shouldconstitute its ‘Leal Education Committee’ consisting of various specifiedfaculty members. The Commission has recommended that the UGC Act,1956 be amended by providing a separate provision for constituting the‘Legal Education Committee’ of the UGC. It has also recommended thatthe UGC shall nominate three members out of its Legal EducationCommittee, for the purpose of the ‘Legal Education Committee of the BCI.It has proposed that, the Legal Education Committee of the BCI shouldalso have one retired Judge of the Supreme Court and one retired ChiefJustice or retired Judge of a High Court to be nominated by the ChiefJustice of India. Accordingly, it has recommended to amend section 10 (2)of the Advocates Act, 1961. The Legal Education Committee of the BCIshould consult the Legal Education Committee of the UGC. It will have tofulfil the requirements of specified consultation process. The procedure forconsultation is provided in the proposed section 10AA of the AdvocatesAct, 1961. Further, it is also recommended to elaborate the expression‘standards of legal education’, in the Act by amendment of section 7 (1) (h)of the Advocates Act.The Law Commission has viewed that accreditation and qualityassessment of law schools in the country must be introduced by the BCIand UGC, so that healthy competition environment may be generated. TheCommission is also of the view that training of ‘Alternative DisputeResolution’ system should be given to law students, lawyers and judges, inview of the recent amendments to the Code of Civil Procedure, 1908(Sec.89) and observations of the Hon’ble Supreme Court in SalemAdvocates Bar Association v Union of India 2002 (8) SCALE 146 forfollowing the mandatory procedure.The Commission is of the view that there is an overwhelming need toreintroduce appointment of adjunct teachers from lawyers and retiredJudges on part-time basis.In view of the Commission, it is necessary to impart professionaltraining to the law teachers apart from the existing refresh course
Page 1: Law Commission of India184 th Repor
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 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
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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
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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
Page 109 and 110:
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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