12.07.2015 Views

The Legal Education - Law Commission of India

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95malpractices. We are only referring to those colleges where malpracticesdo persist or are encouraged by some managements. Apart fromprevention <strong>of</strong> malpractices, the problem-method will make the student tothink and come forward with a practical solution. This is not possibleunless the student is thorough with the subject. <strong>The</strong> problem method willbe able to eliminate malpractices.9.14 In our view, so far as this part <strong>of</strong> the paper containing the problemsis concerned, the students can even be allowed to have the bare Acts toenable them to read the sections clearly and think <strong>of</strong> an answer. Of course,this may not apply to some subjects like the <strong>Law</strong> <strong>of</strong> Torts where severallegal principles are based on case law and not statutes.9.15 <strong>The</strong> second advantage <strong>of</strong> the problem method is that students willhave to necessarily attend all classes and cannot hope to remain absent, ifthey have to face such a system <strong>of</strong> examination.<strong>The</strong> third advantage is that students have to apply their mindindependently.Thus the problem method has several advantages – (i) it precludesmalpractices; (ii) it makes the students think and study the statutes closelyand (iii) absenteeism in classes will get automatically controlled.<strong>The</strong> introduction <strong>of</strong> ‘problem method’ requires generation <strong>of</strong> a hugedata Bank <strong>of</strong> problems in various subjects.In the matter <strong>of</strong> prescribing topics for the law course, the<strong>Commission</strong> considers that clinical legal education may be mademandatory subject. This course features as part <strong>of</strong> the law curriculum in all

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