The Legal Education - Law Commission of India

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80particularly if the inspection team stays in costly hotels. It is for the LegalEducation Committee to take note of these complaints and rectify them.8.6 There are again complaints that some inspections are cursory andcolleges which are badly run are given clean chit while colleges which arerunning well and whose students have consistently obtained first ranks inthe University or whose students have consistently been selected byreputed universities in UK and USA for post graduate studies, aredisaffiliated.8.7 There are indeed several court cases filed by managements againstthe Bar Council of India and while no doubt some have been dismissed,some have been allowed with critical observations against the manner inwhich inspections were conducted or disaffiliation proposed. The lawreports of the High Courts are evidence to these facts.8.8 We agree that in the matter of inspection of a large number ofcolleges, there are bound to be some complaints or even litigation. Whatwe, however, mean to say is that the Bar Council of India must takeextreme care while granting permission and while conducting inspections.8.9 When, under the Rules, lawful directives of the Bar Council have tobe obeyed by the Universities and the Law Schools, which if not obeyed,may lead to penal action, the procedure in the matter of inspections must bestreamlined. While there is need to be tough with colleges which do notconform to the required standards, care must be taken to see that goodcolleges do not suffer on account of bad inspections. The Bar Council of
81India, when it wields powers, is also accountable like any other publicbody.8.10 The procedure for inspection, therefore, requires a thoroughoverhaul. Periodically, we can introspect, take stock and review andevolve procedures which will either eliminate mistakes of the past or whichcan lead to better inspections so as to avoid public criticism. After all, ourgoal is the same, to see that good law schools are established and properquality of legal education is imparted to the students.8.11 Again, there are inspections by more than one body. Now, there areinspections by the UGC or by the University authorities under variousstatutes of the Universities and there are also inspections by the BarCouncil of India. There was similar duplication in regard to inspectionsunder the AICTE Act where, in respect of Engineering Colleges, therewere inspections by the Universities or UGC as well as by those deputedby the AICTE. Similar was the situation with respect to inspections ofmedical colleges. There also, there are more than one inspections, someby the universities and some by the Medical Council of India. Multipleinspections normally give rise to conflicting reports.8.12 When conflicts between these reports arise, managements aredissatisfied with one or the other inspection. The Supreme Court has hadoccasion to deal with the question of inspections in several cases inEngineering and Medical colleges. In particular, we would refer to thejudgment in Jaya Gokul Educational Trust vs. Commissioner & Secy. toGovernment: 2000(5) SCC 231. In that case, there were conflicting reports
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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
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17considering the provisions of ano
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19The Advocates Act, 1961 thus deal
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212.10 If the UGC Act, 1956 is expr
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23subject of legal education comes
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25“In the field of legal educatio
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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
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: 79Inspections:8.4 As per section 7(
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
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
Page 114 and 115: 114advocates as well as the requisi
Page 116 and 117: 116senior counsel in these big citi
Page 118 and 119: 11812.17 There is a strong view tha
Page 120 and 121: 120graduates are proposed to be rec
Page 122 and 123: 122Chapter XIIIDisqualification of
Page 124 and 125: 12413.4 Therefore, we are of the em
Page 126 and 127: 1264) Clause (b) of subsection (2)
Page 128 and 129: 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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