The Legal Education - Law Commission of India

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50Chapter VStandards of Legal Education, Legal Skills and Values (Mac Crate Report)andNew Globalization Challenges and Accreditation5.0 The provisions of sec. 7(1)(h) of the Advocates Act, 1961 enable theBar Council of India to lay down the standards of legal education requiredfor students who seek enrolment to the Bar. It is therefore necessary torefer to some aspects of the standards, particularly those relating to legalskills. In chapter IV we have dealt with ‘minimum standards’ to be laiddown by the Bar Council of India. Now, we shall refer to what is meant by‘standards of legal education’.5.1 Several efforts have been made from time to time, to improvestandards of legal education. The 14 th Report of the Law Commissionheaded by Sri M.C. Setalvad is one of the best and elaborate reports onLegal education. It is something which every person must read. The UGCCurriculum Reports 1988-90 and 2001 must also be read. They wereprepared by eminent professors, including Prof. Upendra Baxi. One mustalso read the recent Ahmadi Committee Report which contains extracts ofletters of the Chairman, Bar Council of India and Chairman, UniversityGrants Commission, and views of Chief Justices of various High Courts inthe matter of Legal education. Various suggestions were given regardingthe courses of study, attendance, entrance examination, final examination,the lecture method, case method, problem method, constitution ofCommittees and membership, and need for apprenticeship and Barexamination. In this Chapter, we are referring briefly to some of these
51aspects and we propose to lay emphasis on Legal Skills and Values asadumbrated in the Mac Crate Report of USA.Standards of Legal Education & Legal Skills:5.2 In the Bar Council of India rules, Part IV (as amended upto30.11.1998) dealing with the subject of ‘Standards of Legal Education andRecognition of Degrees in Law for admission as advocates’, Section Arefers to 5-year law course after 10+2 or 11+1, Section B relates to 3-yearlaw course after graduation, and Section C refers to Rules regardinginspection of law colleges by State Bar Councils. Again Schedule 1contains a list of the Directives issued under Rule 21 in Section A or underRule 14 in Section B. Sch. II is the questionnaire to be answered by anycollege which is seeking affiliation. Schedule III deals with Proforma forInspection of law colleges and Schedule IV with the Form of AnnualReturn to be submitted by the law colleges. We also have the TrainingRules, 1995 made under sec. 24(3)(d) of the Advocates Act, 1961 whichhave been struck down by the Supreme court as being ultra vires of the Actor rather beyond the rule-making power.5.3 Recently, new proforma formats have been prescribed forapplication seeking permission to open law colleges and in respect ofinspections, compliance, responses in respect to standards of legaleducation, recognition of degrees etc.5.4 The Ahmadi Committee Report dealt elaborately with the methodsof teaching. It referred to the “case method” introduced by Prof. Langdell
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 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: 49(a) two law teachers in office fr
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
Page 73 and 74: 73“The adjunct teachers teach the
Page 75 and 76: 75High Court or Supreme Court or be
Page 77 and 78: 77students who will go to the Bar o
Page 79 and 80: 79Inspections:8.4 As per section 7(
Page 81 and 82: 81India, when it wields powers, is
Page 83 and 84: 83one where the college is proposed
Page 85 and 86: 85(The existing section 7A should b
Page 87 and 88: 877C. (1) Where there is a differen
Page 89 and 90: 89(vii) The following clause be add
Page 91 and 92: 919.3 Whatever be the percentage of
Page 93 and 94: 939.10 Prof. Myron Moskovitz of the
Page 95 and 96: 95malpractices. We are only referri
Page 97 and 98: 97get acquainted with several pract
Page 99 and 100: 99Chapter XEducation on Legal Educa
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10110.3 Several of the above Commit
Page 103 and 104:
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
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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
Page 134 and 135:
13430) Section 7(1) (i) to be amend
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The Legal Education - Law Commission of India

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