DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY
Vishakhapatnam
Jurisprudence
PROJECT
On
Indian Legal Education Standing In Transition Point
BY
Abhilash
5TH SEMESTER
ROLL NO :32

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Vishakhapatnam

Index

Introduction
History of legal education
Legal Education in British India
Legal Education in Independent India
Law universities in India
What caused the change in Indian legal Education?
Change makers
Agencies Regulating Legal Education
The Journey of Legal Education, from the crossroads to modernization
Challenges
Present changed scenario
Suggestions
Conclusion
Bibliography

Introduction
Legal education within the Country typically refers to the education of lawyers before entry into
practice. Legal education in India is opened by the traditional universities and the specialized law

universities and schools only after completion of an undergraduate degree 1. Legal education is
both professional and moderate. Legal studies are multi-disciplinary in nature. Legal
education ought to aim at promoting Justice. Law and legal education plays important role in
protection of rule of law and democracy . Lawyers are the backbone of the society and they are
social engineers.2
History of Legal Education in India
In the earlier time the idea of legal education in India was really based on the concept of
Dharma. There is, however, no record of any official legal education being provided at that time.
The Kings either use to deliver justice themselves or appoint Judges and Assessors to administer
justice, not essentially trained in law but who were known for their justice and impartiality and
had the reputation of being fair and impartial.3
The model of legal education which is in trend in India present days was transplanted by the
Britishers after the establishment of English Rule in the country. First step was taken in the way
of imparting proper legal education in the country in 1857. Three universities, originated in the
cities of Calcutta, Madras and Mumbai, officially introduced legal education as a subject for
teaching. This was in a way the commencement of the era of legal education in India.
Before India became independent in the year 1947, there were only a small number of schools in
the country which trained law. After getting independence of the country, legal education gained
importance, as the law became a primary doctrine for the supremacy of the country. Since we
follow a democratic form of Government it became essential that judicial system of the country
ought to be brought in tune with social, economic and political needs of the society. With the
advancement of law and social desires, there was great need for alter and development in the
arrangement and outline of legal education. The culture of legal education was needed to
experience a change to fit in with the legal viewpoint of ushering in the socio-economic
1 http://www.academia.edu/1747221/HISTORY_OF_LEGAL_EDUCATION_IN_INDIA
Accessed on 10-11-14
2 http://www.select75.org/02.html Accessed on 11-11-14
3 http://www.ebc-india.com/lawyer/articles/9803a1.htm Accessed 11-11-14

modification of the society. Slowly legal education was introduced as a course of study in a
various States.4
Legal Education in British India
Britishers starting trading purpose, through a company popularly known as East India
Company formed in 1600 in England. In the commencement the courts were handled by
merchants who have less knowledge in law, but gradually trained persons in law were recruited
for the post.5
First British court was established in Bombay in 1672 by Governor Gerald Angier. The first
Attorney General selected by Governor was George Wilcox who was aware with legal commerce
and mainly in the supervision of estates of dead persons and giving way of probate. He made
provision for parties to be represented by attorneys and fixed the counsel fee.
The way of organizing legal career was in use in the course of Regulating Act of 1773 which
empowered to enroll advocates and Attorneys-at-law to the Supreme Court. The Supreme Court
was set up in Fort William in Bengal by a charter issued in 1774. At that point Indian Lawyers
had no right to appear in the Courts.
Legal Education in Independent India
Post Independence the condition has entirely changed. In 1950 we adopted democratic
form of government. The ruling of law became the first doctrine. It is evident that a policy based
on rule of law would require a legal profession suitably trained and possessing information of
laws and their principles in order to uphold and protect the legal system.
The Advocates Act passed in 1961, became the central point of the legal education system
presently in existence. The Bar Council of India Rules, included under The Advocates Act 1961
provides the prospectus for imparting legal education all over India.6

4 Supra 3
5 http://strippedlaw.blogspot.in/2010/11/history-of-legal-education-in-india.html
Accessed on 11-11-14

Law Universities in India

It is clear, then, that by the early 1960s the Indian legal fraternity had started thinking
about an autonomous law school of national stature, though neither the council nor Upendra Baxi
had advanced their respective reform plans it was left to the dynamic N.R. Madhav Menon, a law
professor at Delhi University, to establish Indias first National Law School.
He, like Baxi, resolved that legal education had to be elevated to the high standing of teaching in
other professions such as engineering and medicine. Menon thought the way to do this was to put
it in the hands of an autonomous institution that would run law courses professionally, unfettered
by bureaucratic and political hindrance.
He wanted to remove law schoolsfinancially, structurally, and administrativelyfrom the
existing university system. In light of the failed Ford Foundation reform, this made huge sense.
Menon introduced radical measures to create a distinct identity for the national law school, and,
in a key step that Baxi had advocated, he created a five-year law degree with a rigorous clinical
program. His push for that clinical component ensured that these Indian law schools would be
timely and relevant, as Baxi insisted they should be. Menons emphasis was to develop students
analytical skills and to provide them with practical training through clinics and internships. At
the core of his vision was the assumption that the faculty would be of the highest caliber. Indeed,
the national school was a success in terms of student quality and successful job placements, and
it became the prototype for several other law schools that have opened their doors since.
Simply establishing the national schools has helped to change public perception about the value
of the study of the law, which, in turn, has raised the caliber of law students. Most students for
these law schools come from the middle-class or upper-middle class; few come from humble
backgrounds but those who do receive scholarships or student aid.
Jobs are the prime concern of almost all the students at these schools and this has influenced
most students choice of career paths. At the West Bengal National University of Juridical
Sciences, typically 90 students out of 100 opt for corporate placements. The story is the same in
6 Supra 5

the other law schools as well, where most students prefer corporate placements. Law firms in
India and abroad are never in short supply of applicants who are also graduates of the best law
schools in the country.
But some students choose to become practicing advocates, dealing with clients and undertaking
litigation. Others pursue further study, and still others become social activists, often joining nongovernmental organizations. The new law schools have opened up varied career avenues for
LL.B. graduates. Is it fair, therefore, to assume that Indian legal education finally has witnessed
the reform so many have pushed for since publication of the 1948 report?
What caused the change in Indian legal Education?
Legal education in India previous in most of the law schools was litigation oriented.
Large numbers of law graduates use to join the bar as lawyers. On the other hand globalization
has made it mostly commercial oriented rather than court oriented. Due to free market economy
corporate offices were established in many parts of the globe. Indian economy became a partner
to global corporate brotherhood as a result of shift from the Nehruvian Model to that of
Manmoham Singhs model.7
Present There are radical changes in the information, communication and transportation
technologies which require parallel changes in the legal system leading them. Many highly
particular areas of law such as Intellectual Property Rights, Corporate Law, Cyber Law, Human
Rights, Alternate Dispute Resolution System and International Commercial Transaction etc. have
to be taken into count for the progress of effective legal education system. Impact of
globalization also has resulted into corporate global brotherhood which has created new
opportunities for student graduating from law schools in India.8
Changemakers
The changes in law education began with the institution of the National Law School of India
University in Bangalore in 1987. Before, legal education was imparted merely at law
7 https://shuklagirjesh.wordpress.com/tag/legal-education-system/ Accessed on 1111-14
8 Ibid

departments in the university scheme and through associated law colleges. The National Law
School, Bangalore considered to be qualitatively special.9
These changes coupled with reforms in Indian economy. The liberalization of economy and
development of the private sector looked for legal knowledge outside court room litigation. With
their educational thoroughness and focused training in planned curriculum, National Law School
graduate suited with the increasing demand for legal professionals in the varying Indian
economy. They are able to produce knowledgeable, certain graduates to meet the global market
requirements.10
The Indian legal education is currently in a evolution period. The varying government policies
with regard to trade, commerce, environmental concerns and labour policies have shaped new
challenges to the usual legal education. The altered scenario is demanding more active and
participative advocacy skill.
Now, legal education has to meet not only the essentials of the bar and the new needs of trade,
commerce and industry but also the essentials of globalization. Latest subjects with international
dimensions have come into legal education. There is also an huge need for non practicing law
graduates in trade and commerce.11
Agencies Regulating Legal Education.
The Constitution of India mostly laid down the responsibility of imparting education on
the states by including the matter regarding education in List II of the Seventh Schedule. But at
this time forms part of List III, giving parallel legislative powers to the Union and the States.
Legal profession along with the medical and further professions too falls in List III (Entry 26).
Still, the Union is empowered to organize and establish standards in institutions for higher
education or research and scientific and technological institutions also having exclusive power,
9 http://www.careers360.com/news/9943-when-role-models-ignore-the-society
Accessed on 11-11-14
10 Ibid
11 http://archive.indianexpress.com/news/knowledge-panel-gets-report-on-laweducation/227059/ Accessed on 10 -11-14

inter alia, pertaining to educational institutions of public importance, professional, occupational

or technological training and promotion of unique studies or research.12
To legislate the legal profession, Parliament passed the Advocates Act, 1961, which brought
consistency in the legal system in the form of Advocates and made provisions for creation of the
Bar Council of India and State Bar Councils in the States. Bar council of India prescribes
minimum academic qualification for commencing studies in law.13 The Bar Council of India has
power to recognize Universities whose degree regarded as a qualification for enrolment as an
advocate.14 Thus the Act gives power to the Bar Council power to lay down principles of legal
education and recognition of law degrees for enrolment of persons as Advocates. There should be
consultation of the Universities and state Bar Councils for expanding legal education and for
laying down standards of legal education. The University Grants Commission has taken special
interest in expanding legal education and has taken a variety of steps towards it , through
sufficient funding, creating of higher-ranking posts and other means.15
The Journey of Legal Education, from the crossroads to modernization
Before introduction of five year law course, many students who performed well in their
Intermediate Education showed interest to study medicine, engineering, computers, business
management and accounting. Law as a profession and legal education was not a popular choice
of the students. Unlike India, the situation existing in England, America and in many of the
developed countries is different. It is difficult to get the admissions to law schools in these parts
of the world. The end result is that the creams among students choose for law by choice and not
as the last resort and thus richly distribute their Shares to the society as lawyers, judges,

12 http://www.123oye.com/job-articles/cyber-law/legal-education.htm Accessed on
10 -11-14
13 Sec.7 clause h of subsection1 , Advocates Act, 1961
14 Sec.7 clause i of subsection1 , Advocates Act, 1961
15 Supra 12

paralegals and academics. For a bright change there should be pre legal education at the school
level.
Challenges
1) Physical infrastructure and financial resources:
Creation of physical infrastructure in needed in the law schools. For good physical
infrastructure, developing research projects more funds are needed. National law schools have
better infrastructure than traditional law schools. Infrastructure improvement must be across the
board, including in universities which still generate most of the law graduates. University
campuses should be places which can inspire students and the faculty so that they are concerned
in reflecting on the various problems that deal with society. If there is no proper physical
infrastructure and financial resources Academic freedom to think and contribute cannot be
ensured.
2) Need for developing philanthropic initiatives
Philanthropy is rare in legal education. Philanthropic initiatives are very much needed for
the promotion of legal education and research in the country. National Knowledge Commission
which was established by union government in 2005 gave its annual report.NKC report in regard
of philanthropic contributions stated that It is evident that we have not exploited this potential.
The contributions in total expenditure has been decreased to more than 12 percent in the year
1950 and 3 percent in year 1990. Philanthropy is important for the development and expansion of
legal education. Efforts should be made promotion of philanthropic initiatives by law schools,
stakeholders, the bar, bench legal firms and corporations.
3. Hiring good teachers and researchers:

Re examining the context of legal education is needed in the country. Todays system
does not identify the main issue regarding legal education in the country i.e lack of teaching
faculty. Young lawyers should be encouraged to consider academia as a career option which is
needed in the present days. Because of poor financial conditions young lawyers are stepping
back to consider career in academia. There are some other factors in which improvements and
changes are practical such as career development chances on law schools, development of

research infrastructure to organize and participation in conferences and make serious research; a
good environment that fosters common respect; administration of the law schools in a clear
manner above all, confidence in the management of the institution that excellence will not only
be promoted as a common policy, but positive efforts will be taken to encourage and support
excellence.
Globalization and the varying conditions of the Indian economy and polity gave rise to new
challenges of governance. Rule of law in all varying conditions stand as the single most
important challenge. There is more stress on criminal and civil justice systems. For the
development of legal education The role of law schools in imparting legal education is very
important in India this is possible only if law schools are capable to attract young lawyers to
make a lifelong commitment to teaching, learning, and research so they can inspire future
generations of students to work for establishing a rule of law society in India.

Present changed scenario

Before fifty years ago the main aim of the law schools is to produce lawyers who go to practice
while others were in teaching field. The Advocates Act 1961 is passed to achieve said object
mainly to prescribe the minimum qualifications for the professional practice in the court. After
liberalization in 1991 the entire concept has changed. Today legal education has to meet not only
the requirements of bar, commerce and industry but also the requirement of the globalization.
New subjects with international dimensions came into legal education.
In India two systems of legal education is functioning parallel ie the 5 year law course and the 3
year law course. It is difficult to assess as to which is better but for the time being lets consider
the legal education under a single roof. The legal education in India is still in its evolving phase.
The National Law Schools which were envisaged to become centers of excellence have turned
out be production centre of tailor made products for law firms and other top paying jobs. There
is a dearth in the research impact created by these law schools.
Suggestions

To increase the value of legal education the question of access should be considered as
serious issue. There should be more law schools to meet the demands of increasing legal
market services. For poor and needy students loans and scholarships should be readily

available.
The legal education should be brought under Ministry of HRD which is comparatively

performing better.
The bar council of India should play an active role in checking and ensuring quality

education in law colleges. Corruption in education cannot be allowed reason.

Improvement in remuneration and services for the faculty members is needed. Present
things are not that much attractive. Teachers should be appointment irrespective of LLM

degree if the person is proved to be good in academics.

Students pursuing LLM in NLUs should be provided with monthly stipend as is the case

with M. Tech students in premier technical institutions. This will promote more research.
There should be faculty exchange program with the abroad universities which would help

in increasing knowledge and making aware of faculty members with other legal systems.
More emphasis should be laid on traditional law subjects than new law subjects. The idea
is not to reduce new law subjects if once the basic concepts are understood the student

easily understand any law subject

Curriculum framework should be revamped with more focus emerging areas like

intellectual property rights, cyber law, sports law, medical law etc.
The legal education should also be connected to practical aspects by regular court visits
(trial courts specifically) so that practical aspects of the law is shown to the student
simultaneously along with the theoretical aspects. There were even suggestions to locate
law schools inside High court premises so that they can have regular exposure to the legal

profession.
Where ever it is possible the subject should be divided into two parts.
The main object for establishment of NLUs is to improve bar and the judiciary. Most
student form NLUs is joining legal firm and corporate offices. To meet the challenges of

globalization such students should involve in bar and judiciary.

Internship is an important component in the legal education because it involves practical

training. It is present existing in NLUs which should be extended to all schools.

Legal education should be socially connected. Legal education must give exposure to
student regarding problems of social exclusion, poverty, environmental degradation
through legal aid programs, seminars and expose students to the social issues.

Domestic Law schools can have an association with foreign law schools so that both law

schools can get mutual benefit.

Law schools can also become a part in law making process by helping the legislative
department. Many premier institutions like NLSIU, NALSAR, GNLU etc have
successfully drafted many laws for their respective state legislature and parliament of
India.
The pre legislative consultation process that has gained prominence recently. Law schools

can be the best location for the public consultation.

Conclusion
The legal education in India is presently going through an evolution phase where a
number of law schools are actively participating in law making process through various means.
Even though premier law schools give a bright picture about the legal education the condition in
regional colleges and government colleges is really pity. The institutions should focus more on
research and societal needs. Legal education should be socially connected. Legal education must
give exposure to student regarding problems of social exclusion, poverty, environmental
degradation through legal aid programs, seminars and expose students to the social issues.

Bibliography

http://www.academia.edu/1747221/HISTORY_OF_LEGAL_EDUCATION_IN_INDIA
Accessed on 10-11-14

http://www.select75.org/02.html Accessed on 11-11-14

http://www.ebc-india.com/lawyer/articles/9803a1.htm Accessed 11-11-14

http://archive.indianexpress.com/news/knowledge-panel-gets-report-on-laweducation/227059/ Accessed on 10 -11-14

http://www.123oye.com/job-articles/cyber-law/legal-education.htm Accessed on 10
-11-14

http://strippedlaw.blogspot.in/2010/11/history-of-legal-education-in-india.html
Accessed on 11-11-14
https://shuklagirjesh.wordpress.com/tag/legal-education-system/

Accessed

on 11-11-14
http://www.careers360.com/news/9943-when-role-models-ignore-the-society
Accessed on 11-11-14