The Legal Education - Law Commission of India

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22doubt, does not refer to ‘standards of legal education’ but deals with asubsequent stage, ‘the right to practice’.Harmonisation between powersof BCI and UGC:2.14 It must be noted that the Bar Council of India depends on theUniversities for imparting legal education which is necessary for theprofession. The Universities prepare students for professional practiceexcept where the law course is one for those who cannot practice. Thisraises a question for application of the principle of harmoniousconstruction. Section 7(1)(h) of the Advocates Act, 1961 does enable theBar Council of India to lay down ‘standards of legal education’. Section7(1)(h) cannot be treated as in conflict with the UGC Act, 1956. Thereason is that under section 7(1)(h) the BCI has to consult the Universities.The UGC can lay down ‘standards of education’ and the Bar Council ofIndia can lay down the conditions for eligibility of a law graduate to enterthe legal profession. If a student who joins a law university desires to enterthe legal profession but is taught law in a manner not acceptable to the BarCouncil of India, the law schools will not be serving the career class ofstudents and, in fact, will find few takers. Therefore, as a practicalproposition, the law schools will have to conform to the conditions set bythe Bar Council of India, if they have to supply prospective lawyers to theBar. At the same time, the Universities and UGC are concerned equallywith standards of legal education, whether for practitioners or otherwise.The Universities are answerable to the UGC in the matter of standards oflegal education and so are the affiliated colleges. In other words, the
23subject of legal education comes within the purview of two entities, theUGC and the Bar Council of India. Precisely to ensure harmony, theAdvocates Act in sec. 7(1)(h) has required consultation by the Bar Councilof India with the Universities. The two are partners with a common goal.2.15 Yet another aspect is that the Universities and affiliated collegesemploy thousands of law teachers at various levels. A large number ofthese teachers are highly qualified. A good number among them haveDoctorates or Masters degrees from India and several of them haveDoctorates or degrees from reputed universities in the world like,Cambridge, Oxford, Yale, Harvard and Stanford and so on. Several ofthese teachers have been teaching law for ten to twenty years or even more.It is incumbent, therefore, that these law teachers, who have ultimately toperform the function of teaching are consulted or allowed to express theirdifficulties or problems particularly when a new curriculum is introduced.The obligations of consultation are reciprocal and not one way. There isample need for the Universities to consult the Bar Council of India andlikewise for the Bar Council of India to consult the Universities. A finebalance has to be established with the mechanism of sec. 7(1)(h) of theAdvocates Act which requires consultation with the Universities.Consultation means ‘effective’ consultation.2.16 In this connection, we may refer to the article “Revampingprofessional legal education: Some observations on the LL.B curriculumrevised by the Bar Council of India” by Prof. Gurdeep Singh published inthe volume “Legal Education in India in 21 st Century: Problems andperspectives” (Jan 1999), published after the All India seminar at Delhi
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 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: 212.10 If the UGC Act, 1956 is expr
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
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
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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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