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By Justice S.P.
Mehrotra
Judge
High Court,
Allahabad
The topic is of wide import having many
facets. The endeavour in this article is to high-light certain
essential points which require our attention.
The advent of concepts of globalization and
free economy has resulted in the countries vying with each other
to grow faster and become richer. Our country is no exception.
Various International Agreements are being entered into having
far reaching bearing on municipal laws and giving rise to
numerous commitments. There has been drastic change in the
entire out-look and life style of the people.
An era has dawned where specialization,
computerization, electronic media, internet, consumerism,
foreign investments, mergers and take-overs, insurances etc. are
becoming the order of the day. Arrival of Multi- national
corporations, private banks including foreign banks,
Non-resident Indians etc. are throwing up new challenges before
the field of trade and commerce.
New problems at individual as well as social
levels are coming-up. Novel methods of committing frauds and
crimes including cyber crimes are coming to light.
These developments have required enactment of
new laws and rules etc. in various fields including intellectual
property rights, information technology, investments, banking,
taxation, arbitration, environment, consumer protection, etc..
There is,
therefore, need for experts in law- drafting as well as lawyers
and judges having deep knowledge of the specialized fields of
electronics, computers, information technology, banking,
taxation, investment, environment, and others.
Legal education in modern times is required
to cater the needs of variety of fields-Legal profession, Lower
Judiciary including Tribunals, Corporate Sector, Multi- National
Corporations, International Banking, Arbitration including
International Arbitration, Academics, etc.
Good lawyers are necessary not only for our
higher courts but also for district and tehsil courts where work
is normally conducted in Hindi or regional language of the State
concerned.
Lawyers are also to be trained in their
social responsibility, alternative modes of dispute- resolution,
legal aid, etc.
Legal education today is, thus, facing
numerous challenges so that the needs of the Indian society may
be synthesised with the needs to keep pace with the latest
developments.
The field of law
today is full of challenges and opportunities. Numerous careers
connected with the field of law are coming up. The legal
education is becoming increasingly relevant in modern era.
Meritorious students are keen to get legal education and start
career in various fields connected with law.
Question is whether our existing legal
education system provides adequate means and opportunities to
meet the challenges coming up in modern era.
In order to appreciate this, it is necessary
to consider the present scenario of legal education in India,
and appreciate the merits and demerits of the existing system,
and make an endeavour to suggest the improvements which may be
made in the existing system to make it compatible with the
requirements of Indian society while keeping pace with the
latest developments.
Present Scenario:
Let us consider the present scenario of legal
education in India.
Two systems are operating simultaneously.
One system of legal education is Three-Year
Law Course introduced by the Bar Council of India in 1967. For
admission in Three-Year Law Course, a person must be a graduate
having Bachelor's Degree in the discipline of Science, Arts,
Commerce, Medicine or Engineering, etc..
Other system is Five-Year Law Course
initiated by the Bar Council of India in 1982. This system has
since been gradually adopted in various Universities and
Colleges. In 1987, NLS was established at Bangalore by the Bar
Council of India.
In the Five-Year Law Course, a student is
admitted to the Course at the end of twelve years of schooling,
and completes the course in five years.
First two years of the Five year Course are
devoted to Pre-Law Course where seven compulsory subjects are to
be studied, namely (i) General English, (ii) Political Science,
(iii) Economics, (iv) History, (v) Sociology, (vi) Legal
Language including legal writing, (vii) History of Courts,
Legislatures and Legal profession in India.
Remaining three years of the Five-Year Course
are devoted to the study of law subjects.
In some Universities, certain law subjects
are included in the first two years when Pre-Law Course is
taught.
Some Universities,
such as Pune University award Bachelor's Degree on completion of
three years of the Five-Year Course.
Comparative Study
:
A comparative study of the two systems is necessary to
appreciate their respective merits and demerits, and their
relevance and adequacy to fulfil the variety of objectives of
the legal education.
(I) Inclusion of new subjects
: At present, several National Law Schools and
institutions have come-up where Five-Year Law Course is taught.
Various Universities have introduced Five-Year Law Course while
continuing with the existing Three-Year Law Course.
In order to equip the students with the knowledge of new
subjects in the field of law, the same have been included in the
syllabus of the Five-Year Law Course as well as the Three-Year
Law Course.
(II) Division in Semesters :
Both
the Five-Year Law Course and the Three-Year Law Course have been
divided in Semesters.
(III) Relevance of subjects from the
disciplines of science,etc.
: The students pursuing
Three-Year Law Course join the course after getting Bachelor's
Degree in the discipline of Science, Arts, Commerce, Medicine or
Engineering, etc.. Having graduated in different disciplines,
they tend to adopt distinct and novel approaches to the legal
problems, and thus make the legal profession rich. Legal
problems requiring specialized knowledge in different fields are
dealt with competently by such lawyers.
In the Five-Year Law Course, the students are required to study
specific Arts subjects in their pre- Law Course, namely,
Economics, Sociology, History and political Science. No place
has been given to the subjects from the fields of Natural
Science, Medicine, Engineering etc.. These subjects are equally
relevant for the students in order to appreciate various
problems now coming before the law courts, particularly,
pertaining to intellectual property laws, cyber law,
environmental laws, etc.
Further, the students who pass 10+2 in Science subjects, face
difficulty in coping with the vast syllabus of Arts subjects
prescribed in the Pre-Law Course. Lack of proper staff and
guidance in various institutions coupled with the
time-limitation of semesters makes the task of these students
cumbersome.
(IV) Financial aspects
: Expensive infrastructure
including building, library, computers, hostel, etc. is required
for starting Five-Year Law course.
On account of huge financial involvement in
establishing and running Five-Year Law Course, various
Universities and Colleges have resorted to self- financing
system for establishing and running Five-Year Law Course.
This in turn puts heavy financial burden on
the students taking up Five-Year Law Course. They are required
to pay heavy fee under various heads including tuition and
examination.
The students coming from modest back ground,
therefore, find it difficult to join Five-Year Law Course.
In Three-Year Law Course also, there has been upward revision of
fee-structure, but it is still manageable for all sections of
the society.
(V) Language :
In the Five-Year Law Course, there is great emphasis on English.
Two compulsory papers in English have been prescribed. Besides,
medium of instruction and examination is normally in English.
In a number of States, the medium of
instruction is Hindi upto the higher secondary level. A large
percentage of students answer their questions in Hindi. It is
not easy for these students to suddenly switch over to English
medium. This deprives a big section of students from taking-up
Five-Year Law Course.
In the Three-Year
Law Course, certain papers in English language have been
prescribed. However, for other subjects, both English and Hindi
are available as medium of instruction and examination.
(VI) Course-Content & Time Frame
: The course-content in
the Three-Year Law Course as well as in the Five-Year Law Course
has been made too vast. This includes traditional subjects, such
as Contract, Tort, Constitutional Law, Criminal Law, Civil
Procedure, Company Law, Public International Law, Family Law,
Jurisprudence, Labour Laws, Administrative Law, Transfer of
Property, Easements, etc.. In addition, a number of new subjects
have been added in the syllabus in an anxiety to teach all
possible latest subjects. For instance, Intellectual Property
Laws, Consumer Protection Law, Environmental Laws, Investment
Laws, Insurance Laws, Cyber Law, Human Rights, Public Lawyering
,etc.
These new subjects have been added either by
condensing the contents of the traditional subjects or by
condensing the time for study of vast traditional subjects to
one semester of about six months.
It is ignored that mastering basic concepts of law is equally
important, and for this, sufficient time for study of
traditional subjects is necessary. It is not appreciated that
capacity of students is not unlimited. For instance, studying
Constitutional Law of India or I.P.C. or Property Laws in one
semester alongwith other equally lengthy subjects and
assignments rarely gives time to appreciate basic concepts
underlying "these laws.
(VII) Objects -Not fulfilled
: The objects of introducing
Five-Year Law Course is to ensure that lawyers of better quality
enter the legal profession.
The students persuing Five-Year Law Course
are serious about persuing the study of law. They have clear
objectives. The students coming from different places interact
amongst themselves and participate in moot courts/ group
discussions/seminars, etc.. They are required to undertake case
studies, attend chamber of a lawyer, submit project report on a
legal topic, attend Lok Adalats, understand Pre-Trial
preparations and participate in Trial proceedings, etc..
All this gives them good exposure, and they
are full of enthusiasm and confidence as they come out with
LL.B. Degree.
However, the students coming out of the
institutions imparting education in Five-Year Law Course,
particularly, National Law Schools, rarely join legal
profession, excepting those who have family background of legal
profession. Most of these students join corporate sector where
they get heavy pay-packets in the beginning itself. Hard Labour
involved in legal profession with attendant uncertainties deters
them from joining legal profession.
Again, having studied in an atmosphere of lap-tops, internets,
etc. these students even if they join legal profession, prefer
to practice in the higher courts or tribunals. They do not want
to become mofussil lawyers going to the District Courts or
Tehsil Courts.
These needs are, therefore, satisfied by the
students undertaking Three-Year Law Course. It may be added that
various aspects of practical training have been added in the
Three-Year Law Course.
(VIII) Day Time Education :
Knowledge of law is not only
desirable but necessary for personnel in various services
particularly those connected with judicial administration.
In Five-Year Law Course as well as in the
Three-Year Law Course, the system of day-time classes has been
introduced. This has deprived the personnel in employment from
taking legal education.
SUGGESTIONS
:
Having noticed
various relevant aspects of the two prevalent systems of legal
education, certain suggestions may be given.
(1) Keeping in view the needs of
Indian Society, it is necessary that both the systems
of legal education, namely, Three-Year Law Course and Five-Year
Law Course should be continued. However, this will require
availability of adequate competent and sincere staff as well as
separate infrastructures for the two systems. Expecting members
of the existing staff to run both the systems is to put undue
strain on them. Similarly, using the same infrastructure for
both the systems creates practical problems.
(2) While teaching various
subjects in Pre-Law Course of the Five-Year Law Course, care
must be taken of the students coming from Science background in
10+2 who may not be having elementary knowledge of such
subjects.
(3) Certain aspects of Natural
Science, Computer, etc. may be introduced in Pre-Law Course
so that the students may have better appreciation of certain new
branches of law, e.g. Patent Law, Cyber Law, etc..
(4) There is need to restructure
the course content keeping in view the vastness and
relevance of particular subjects, and the time available for
their studies. Wherever necessary the subjects should be divided
in two semesters.
The subjects should be arranged
scientifically so that easily comprehensible and interesting
subjects are taught in the initial semesters, while the
subsequent semesters should be devoted to the study of subjects
requiring understanding of abstract concepts.
(5) There should be greater emphasis
on mastering basic concepts of traditional law subjects
rather than on increasing the number of new subjects to be
taught.
The idea is not to diminish the relevance of
new law subjects. What is to be appreciated is that once basic
concepts are clear to a law student, he is able to understand
any law subject.
(6) Arrangements for the
students to undertake practical training, such as
attending chambers of lawyers, participating in trial
proceedings, attending Lok Adalats, etc., should be made by the
institutions rather than leaving the students to manage for
themselves.
(7) There should be greater
interaction between the practicing lawyers and the law
teachers. Teaching of procedural laws should be entrusted to the
sincere practicing lawyers.
(8) Young lawyers joining
profession may be associated with the legal aid programme,
Lok Adalats, etc. in the early years of their practice.
However, this should be done under the guidance of an
experienced lawyer.
(9) Arrangements for legal education
should be made for the personnel in service so that where
necessary they may get legal education on the pattern of M.B.A.
In conclusion,
it may be said that the present dual system of legal education
with all its deficiencies provides adequate opportunities and
means to meet various challenges facing the legal education in
India. There is, however, scope for further improvements so that
the legal education in India may be better equipped to meet the
challenges and provide fullest opportunities to our meritorious
students to grow and contribute their best for the progress of
the country.
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Based on speech delivered on February 16, 2008 at ALUMNI
CONVENTION, 2008 of Allahabad University
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