The Legal Education - Law Commission of India

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6Dismissed or Removed From Serviceand Section 24A 117-119Ch. XIV Summary of Recommendations 120-130Annexure Draft of Bill “The Advocates (Amendment)Bill, 2003” 1-10Chapter IIntroductory1.0 The Law Commission of India took up the subject of legal educationsuo motu, as the said subject was seen as fundamental to the veryfoundation of the judicial system. The Commission prepared a WorkingPaper in 1999 proposing amendments to the Advocates Act, 1961 (Act 25of 1961). The paper contained five chapters, Chapter I was Introductory,Chapter II related to ‘Legal Education and Professional Training’, ChapterIII to ‘Professional Competence and Social Responsibility’, Chapter IV to‘Entry of Foreign Legal Consultants and Liberalisation of Legal Practice’and Chapter V to ‘Management and Development of the Profession’. Weare, however, confining the present report to ‘legal education’ only.1.1 Several responses and representations were received by the LawCommission from the Bar Council of India, Bar Councils of various States,Bar Associations and members of the Bar, some of them accepting the
7suggestions, while some others opposed the suggestions. We shall initiallyrefer to some of the important suggestions/representations.Response of the Bar Council of India:1.2 The Bar Council of India in its letter dated 3.8.2000, made elaboratesuggestions. It accepted some of the proposals, rejected some others andsuggested further amendments to some sections. These relate toamendments/new provisions proposed in working paper to sections2(1)(hh), 3(2)(b), 4(1), 7(1)(ic), 9(1), 10(2), 9A, 7(1)(h), 24(1)(iiia),24(1)(f), sec. 24(1), sec. 24A(1)(c), sec. 33A, sec. 49(1)(ai), (aj), (ak), (al),(am), (ag)(agg)(ff), (ee)(ggg), (ff), sec. 49A, 45, 24(1)(b), 36B, 3(2)(a).We are not referring in this Report to all these suggestions in as much asthe scope of the present report is limited and concerns only legal educationand a few other related matters. In other words, we are not proposing, inthe present report, to traverse the entire ground covered by the WorkingPaper.Response of the UGC:1.3 The University Grant Commission, in its letter dated 16.9.1999,while welcoming the initiative taken by the Law Commission with regardto the improvement of Legal Education and quality of Legal Profession,referred to the ‘Report of the Curriculum Development Centre, 1988-1990’, headed by Prof. Upendra Baxi. Part-I of that Report runs into about100 pages and Part II runs into about 740 pages. That Report was preparedby a team of expert academicians for the UGC during 1988-1990. The
Page 1 and 2: Law Commission of India184 th Repor
Page 3 and 4: 3colleges for prescribing standards
Page 5: 5CONTENTSPAGESCh. I Introductory 1-
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
Page 53 and 54: 535.6 Rule 9(1) lists 6 subjects fo
Page 55 and 56: 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
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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
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13430) Section 7(1) (i) to be amend
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