The Legal Education - Law Commission of India
The Legal Education - Law Commission of India The Legal Education - Law Commission of India
40the Bar Council’s directives tend to be arbitrary. These reactions of thelaw schools cannot be treated as resistance or disobedience. The practicaldifficulties in the way of law schools must also be taken into account.4.6 For example, in the recent curriculum which has been circulated bythe Bar Council of India, there are quite a good number of matters whichperhaps require a second look. The manner in which some importantsubjects have been put in the list of optional subjects and the manner inwhich two subjects which have not much of connection, have been joinedtogether in one paper, appears to require correction. In a number ofconferences and articles published by the Faculty, these anomalies havebeen pointed out. It appears to the Commission that there is considerableforce in the view of the Faculty that effective consultation and greaterinteraction with the Faculty would have eliminated such anomalies. Thisview was also expressed at the Conference on 12.8.2002, of LawProfessors organized by the National Law School of India University.Several articles have been published by experienced Professors in thevolume published after the All India Conference of Faculty at the DelhiUniversity in Jan. 1999 entitled “Legal Education in India in 21 st Century,Problems and Perspectives” edited by Prof. A.K. Kaul and Prof. V.K.Ahuja. The suggestions of the Faculty require serious consideration. Wehave already referred to Prof. Gurdeep Singh’s article “RevampingProfessional Legal Education: Some observations on the LL.B CurriculumRevised by the Bar Council of India” and we feel that it will be extremelyuseful to read the said article.
414.7 It must be noted that standards of legal education relate to variousaspects of legal education. They are known to the Bar as well as to theFaculty. Hence, they must be arrived after a thorough study and after aneffective interaction between the Bar Council and the Faculty. BarCouncillors and Judges and faculty members of the Legal EducationCommittee must make an in-depth study of the subject of ‘LegalEducation’ which is a specialized branch by itself. It is not sufficient eitherfor the Bar or Faculty to have a general or vague idea about LegalEducation. There is voluminous literature both Indian and foreign on thesubject. If one reads the Report of the Curriculum Development Centre ofthe UGC 1988-1990, one will notice that it is very elaborate and consists ofvarious aspects of Legal Education and runs into 800 pages and thesubsequent Report of 2001 consists of 500 pages. There are several earlierreports. (See also the articles in the Journal on Legal Education availablein the Indian Law Institute). The recent curriculum prepared in 2001 by theNational Law School University, Bangalore is said to be on the basis ofthe Mac Crate Report and Harvard models. Of course, whatever is adoptedmust suit Indian conditions. New courses are necessary in the light ofliberalization, privatization and globalisation. The standards of legaleducation concern the entry to the college, the curriculum, as also themethod of examination at the time of entering the college and leaving it orentering the profession and the qualification of teachers etc. There must befull coordination between the Bar Council and the Faculty on these matters.4.8 There is one other aspect here which concerns the implementation ofthe recommendations of the Legal Education Committee of the Bar Councilof India by the Bar Council of India. The earlier Working Paper of the Law
- Page 1 and 2: Law Commission of India184 th Repor
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414.7 It must be noted that standards <strong>of</strong> legal education relate to variousaspects <strong>of</strong> legal education. <strong>The</strong>y are known to the Bar as well as to theFaculty. Hence, they must be arrived after a thorough study and after aneffective interaction between the Bar Council and the Faculty. BarCouncillors and Judges and faculty members <strong>of</strong> the <strong>Legal</strong> <strong>Education</strong>Committee must make an in-depth study <strong>of</strong> the subject <strong>of</strong> ‘<strong>Legal</strong><strong>Education</strong>’ which is a specialized branch by itself. It is not sufficient eitherfor the Bar or Faculty to have a general or vague idea about <strong>Legal</strong><strong>Education</strong>. <strong>The</strong>re is voluminous literature both <strong>India</strong>n and foreign on thesubject. If one reads the Report <strong>of</strong> the Curriculum Development Centre <strong>of</strong>the UGC 1988-1990, one will notice that it is very elaborate and consists <strong>of</strong>various aspects <strong>of</strong> <strong>Legal</strong> <strong>Education</strong> and runs into 800 pages and thesubsequent Report <strong>of</strong> 2001 consists <strong>of</strong> 500 pages. <strong>The</strong>re are several earlierreports. (See also the articles in the Journal on <strong>Legal</strong> <strong>Education</strong> availablein the <strong>India</strong>n <strong>Law</strong> Institute). <strong>The</strong> recent curriculum prepared in 2001 by theNational <strong>Law</strong> School University, Bangalore is said to be on the basis <strong>of</strong>the Mac Crate Report and Harvard models. Of course, whatever is adoptedmust suit <strong>India</strong>n conditions. New courses are necessary in the light <strong>of</strong>liberalization, privatization and globalisation. <strong>The</strong> standards <strong>of</strong> legaleducation concern the entry to the college, the curriculum, as also themethod <strong>of</strong> examination at the time <strong>of</strong> entering the college and leaving it orentering the pr<strong>of</strong>ession and the qualification <strong>of</strong> teachers etc. <strong>The</strong>re must befull coordination between the Bar Council and the Faculty on these matters.4.8 <strong>The</strong>re is one other aspect here which concerns the implementation <strong>of</strong>the recommendations <strong>of</strong> the <strong>Legal</strong> <strong>Education</strong> Committee <strong>of</strong> the Bar Council<strong>of</strong> <strong>India</strong> by the Bar Council <strong>of</strong> <strong>India</strong>. <strong>The</strong> earlier Working Paper <strong>of</strong> the <strong>Law</strong>