The Legal Education - Law Commission of India

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68It is in the light of the above urgency of situation that the LawCommission has introduced a separate chapter on ADR in this Report toemphases that (1) law students and (2) lawyers who are at the Bar –mustbe trained in the ADR systems.6.11 It appears that Bar Council of India has already treated ADR as acompulsory subject (see page 92 of the UGC Model Curriculum 2001). Italso appears that the UGC Curriculum Report 2001 has accepted the saidrecommendation as is clear from the same paragraph of the Report.We, therefore, recommend that clause (h) of sub-section (1) ofsection 7 be amended for enabling the Bar Council of India to promoteADR as a subject of academic study in the law school for students and alsoto promote continuing education on ADR for legal practitioner.We, also recommend that the High Courts, BCI, State Bar Councils,the Indian Law Institute, the ICADR and similar organisations should startADR training programmes for lawyers and judicial officers. The trainingcould be a short term one for one week, or it may a one-month certificatecourse or a six-month/one-year diploma course.
69Chapter VIIAdjunct Teachers from the Bar & Bench7.0 One of the important recommendations of the Mac Crate Reportrelates to the need not only for permanent full time faculty but also to“make appropriate use of skilled and experienced practicing lawyersand Judges in professional skills”,and receive guidance, from part-time adjunct teachers drawn frompracticing lawyers and retired Judges.The Report also refers to ‘apprentice programmes’.7.1 From the time-old method of ‘lectures’, the Langdel’s ‘case method’,and Prof Llewellyn and Judge Jerome Frank’s ‘problem method’, we havenow reached the new method of training the students in various ‘skills andvalues’ with the help of faculty and the ‘adjunct faculty’ of practicinglawyers and judges, as advocated in the Mac Crate Report.7.2 Andre Thomas Starkis and others refer in ‘Meeting the Mac Crateobjectives (affordably): Massachusetts Law School: (Vol. 48) Journal ofLegal Education (1998) at p. 231 to a combination of faculty, lawyers andjudges, as follows: (p. 231)“The Mac Crate Report challenged the traditionalist’s view of legaleducation because it proceeded from the premises that preparing lawstudents to practice law is the business of law schools….
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Law Commission of India184 th Repor
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3colleges for prescribing standards
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5CONTENTSPAGESCh. I Introductory 1-
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7suggestions, while some others opp
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9in as much as it did not formulate
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11Conference of Heads of Legal Educ
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13subjects are: the respective role
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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
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: 67Procedure, even though they have
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
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Page 89 and 90: 89(vii) The following clause be add
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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
Page 101 and 102: 10110.3 Several of the above Commit
Page 103 and 104: 103colleges located in cities and d
Page 105 and 106: 105Chapter XIDerecognition of Unive
Page 107 and 108: 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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Page 116 and 117: 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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