REPORT ON CREATION OF COMPENDIUM ON LEGAL EDUCATION INSTITUTES (LEI) FOR THE REJUVENATION OF LEGAL EDUCATION IN THE STATE OF GUJARAT
Submitted to
Legal Department Government of Gujarat
Prepared by
GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR, GUJARAT
MAY 30, 2018
EXECUTIVE SUMMARY
More than 1200 Legal Education Institutions (LEIs) in India. This shows mushrooming growth in legal education sector in the country. Every third day one legal education institution gets the approval without having much check and balance on its operation. Last year Judge of Madras High Court made the statement that 85% of the 1200 law colleges must shut down looking at deteriorating standard of legal education in India. In Gujarat more than hundred legal education institutions are existing as per list received from BCI in personal visit against the list mentioned on website of Bar Council of India.
Looking at above situation investigators have taken difficult task to study LEIs in the state of Gujarat. In this research, emphasis is on the quality of education provided in LEIs in Gujarat. The sample size of the research project is kept to be LEIs recognized by UGC in the state of Gujarat. Thus the research universe is therefore limited to all the LEIs having recognition by UGC in Gujarat. The research methodology adopted during the course of this project has been 'Empirical Study' since the investigators have actually visited the various LEIs across most of the districts in Gujarat for collection of the data for this project. Thus the aim of the research project is to have a legal database created about the prevalent legal education scenario in the state of Gujarat. Further the limitation in this research project have been the difficulties in obtaining the data from different LEIs for which the investigators have tried to adopt a better classified sample and use better and more effective methods to analyse the data.
The possible outcomes of this project would be to reflect on the quality of
existing legal education provided in the state of Gujarat and create a database
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so that we could suggest policies and other improvements to be made by the government to improve the status of legal education in Gujarat. This data could also be used by other organizations to analyse or study diverse aspects of the same.
Four chapters constitute this Report. Chapter 1 is devoted to introduction to legal education along with literature review and research methodology. Chapter 2 highlights pertinent aspects of legislative and institutional framework of legal education in India. Chapter 3 presents the research findings and analysis. Chapter 4 concludes the report with conclusion, recommendations and direction for future research.
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ACKNOWLEDGEMENT
After the completion of this project work, we are experiencing sincere feelings of achievement and satisfaction.
It gives us immense pleasure to express our deep sense of gratitude and heartily thanks to Government of Gujarat for their generous grant and support for carrying out the present research project.
We are thankful to Prof. (Dr.) Bimal N Patel, Director, Gujarat National Law University, Gandhinagar and Prof. (Dr.) Ranita Nagar, Dean-Research, Gujarat National Law University for their valuable support and encouragement throughout the research project.
We are thankful to our research team consisting of Ms. Swati Garg, Ms. Swati Rani & Mr. Tanmay Agrawal, LL.M. students of GNLU for their valuable support as student research assistants in the project.
Our sincere thanks and gratitude are due to legal education institutions across the Gujarat who wholeheartedly participated in the survey conducted for the present project. Without their valuable inputs, we would have not come to the appropriate conclusions and strong recommendations.
We are very much thankful to all staff members of Gujarat National Law University, Gandhinagar, Gujarat for helping and assisting in carrying out the project.
We wish to express my deep gratitude to all those who have extended their helping hands towards us in various ways during our research journey.
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Place :- Gandhinagar ______Date :- 30/05/2018 Prof. (Dr.) Akil Saiyed Principal Investigator
______Dr. Kalpeshkumar L Gupta Co-Principal Investigator
IV
LIST OF ABBREVIATIONS
AIR ALL INDIA REPORTER AICTE ALL INDIAN COUNCIL FOR TECHNICAL EDUCATION BCI BAR COUNCIL OF INDIA CDC CURRICULUM DEVELOPMENT COMMITEE CLAT COMMON LAW ADMISSION TEST CLE CONTINUING LEGAL EDUCATION DLEO DISTRICT LEGAL EDUCATION OFFICER GLC GOVERNMENT LAW COLLEGE GLEP GUJARAT LEGAL EDUCATION PROJECT HC HIGH COURT ICT INFORMATION AND COMMUNICATION TECHNOLOGY IPR INTELLECTUAL PROPERTY RIGHTS LEI LEGAL EDUCATION INSTITUTION MUN MODEL UNITED NATIONS NAAC NATIONAL ASSSESSMENT AND ACREDITATION COUNCIL NALSAR NATIONAL ACADEMY OF LEGAL STUDIES AND RESEARCH NET NATIONAL ELIGIBILITY TEST NGO NON GOVERNMENTAL ORGANIZATION NLU NATIONAL LAW UNIVERSITY NLSIU NATIONAL LAW SCHOOL OF INDIA UNIVERSITY OBC OTHER BACKWARD CAST PH PUNJAB AND HARYANA SC SUPREME COURT
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SCALE SUPREME COURT ALMANAC SCC SUPREME COURT CASES SC SCHEDULED CAST SET STATE ELIGIBILITY TEST ST SCHEDULED TRIBE UDHR UNIVERSAL DECLARATION ON HUMAN RIGHTS UGC UNIVERSITY GRANT COMMISSION UK UNITED KINGDOM USA UNITED STATES OF AMERICA V/S. VERSUS VOL VOLUME WTO WORLD TRADE ORGANIZATION
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LIST OF CASES
B. Mallesham v/s. The Bar Council of India, 2010 (2) ALD 214. Bar Council of India v/s. Aparna Basu Mallick, (1994) 2 SCC 102. Bar Council of India v/s. Board of Management, Dayanand College of Law, (2007) 2 SCC 202. Bar Council of India v/s. Bonnie FOI Law College & Ors., 2017 (3) SCALE 91. Bar Council of U.P. v/s. State of U.P., AIR 1973 SC 231. Deepak Sibal v/s. Punjab University, AIR 1989 SC 493. Gopalakrishnan Chatrath v/s. Bar Council of India, AIR 2001 PH 41. Haniraj L. Chulani v/s. Bar Council of Maharashtra, AIR 1996 SC 1708. Indian Council of Legal Education v/s. BCRI, AIR 1995 SC 691. Legal Aid and Advice v/s. Bar Council of India, AIR 1995 SC 691. O.N. Mohindroo v/s. Bar Council of India, AIR 1968 SC 888. Prem Chand Jain v/s. R.K. Chabbra, (1984) 2 SCC 302. Prof. Yashpal v/s. State of Chattisgarh, (2005) 5 SCC 420. State of Maharashtra v/s. Manubhai Pragaji Vashi, (1995) 5 SCC 730. University of Delhi v/s. Raj Singh, 1994 Supp (3) SCC 516. V. Sudeer v/s. Bar Council of India, (1999) 3 SCC 176.
VII
LIST OF FIGURES
No. Figure Page No.
1 Aspects of Legal Education 22
2 Legal Education Institutions in Gujarat 24
3 Model on Directorate of Legal Education 45
VIII
LIST OF TABLES
No. Table Page No.
1 Brief of Field Survey 42
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TABLE OF CONTENTS
CHAPTER PARTICULARS PAGENO.
EXECUTIVE SUMMARY………………………………………………... I ACKNOWLEDGEMENT…………………………………………………. III LIST OF ABBREVIATIONS……………………………………………… V LIST OF CASES…………………………………………………………… VII LIST OF FIGURES………………………………………………………… VIII LIST OF TABLES………………………………………………………… IX
1. INTRODUCTION ……………………………... 1-25
1.1 INTRODUCTION…………………………………. 1 1.2 LITERATURE REVIEW…………………………… 2 1.3 METHODOLOGY……………..…………………... 23 1.4 SIGNIFICANCE OF THE STUDY………………... 25
2. LEGAL FRAMEWORK OF LEGAL 26-38 EDUCATION IN INDIA………..……………
2.1 RULES……………………………………………… 26 2.2 REPORTS…………………………………………... 32 2.3 CONSTITUTIONAL PROVISIONS………………. 33 2.4 ROLE OF JUDICIARY IN PROMOTING LEGAL 36 EDUCATION……………………………………….
3. RESEARCH FINDINGS AND ANALYSIS…… 39-43
4. CONCLUSION, RECOMMENDATIONS 44-46 AND DIRECTION FOR FUTURE RESEARCH………………………………………
4.1 CONCLUSION …………………………………… 44 4.2 RECOMMENDATIONS ………………………… 44 4.3 DIRECTION FOR FUTURE RESEARCH……… 46
REFERENCES……………………………………………………...... 47 STATUTES………………………………………………………………… 50 ABOUT THE INVESTIGATORS………………………………………… 51 ABOUT THE UNIVERSITY……………………………………………… 52
APPENDICES
Appendix 1 List of Legal Education Institutions in Gujarat (Retrieved from BCI Website) Appendix 2 List of Legal Education Institutions in Gujarat (Received in Personal Visit to BCI) Appendix 3 Questionnaire
CHAPTER 1 INTRODUCTION
1.1 INTRODUCTION:
Legal Education should be treated as a part of liberal as well as professional education. Ignorance of law is not innocence but a sin which cannot be excused. Thus, the objective of the legal education is to create law abiding citizens.
In 1990, UGC constituted a Curriculum Development Committee (CDC) which recognized 3 main challenges facing legal education - modernization of syllabi, multi-disciplinary enrichment of law curricula and corresponding pedagogic modifications. This committee recommended inclusion of problem method, moot courts, and mock trials in law curricula. On the suggestion of this committee, several additional a National Law Schools were established all over India.
From 1998-99 the BCI has introduced new syllabus for LL.B. five-year and three-year course with 28 subjects. Finally, in 2002 after considering the Ahmadi committee report - the Law Commission of India took up legal education reform in its 184th report. Clinical Legal Education should be given more emphasis, so that students can learn the law through acquiring the professional skills.
The Legal Education Committee at its meeting held on 30th April, 2010 recommended that all the law colleges having deemed/ permanent status will be inspected by the Bar Council of India and also directed the colleges to deposit inspection fee for permanent/ deemed courses. Therefore, all the deemed/permanent status law colleges are required to deposit inspection fee for Rs. 1,50,000/- for each course along with application and check proforma by way of Demand Draft drawn in favour of the “Bar Council of India” on any Nationalized Bank payable at New Delhi.
More than 1200 Legal Education Institutions in India and its deteriorating standard has become cause of concern for all. Present research makes an attempt to evaluate standard of legal education in the state of Gujarat.
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1.2 LITERATURE REVIEW :
The Report of the University Education Commission (1949)1
This report does a comparative study between legal education prevalent in India with that of UK and USA. Stressing upon the problems with legal education in India, it states that how Indians don’t hold a place of high esteem in the field of jurisprudence and legal studies and barely 2 universities in India are satisfied with the kind of legal education provided in their universities. It discussed that in Oxford University, UK, there are two types of degrees for legal education one is Bachelor of Arts degree in Jurisprudence, a scholarly pursuit of legal study, and a Bachelor of Civil Law degree, designed more for professional development. It came to the conclusion that India doesn’t need two separate degrees for liberal education and legal practitioners. It suggests that we should focus more on increasing study and research on post graduate level and advocates for three-year law degree after graduation where last year will be devoted to practical experience.
Learning Objectives of Legal Education in India: A Critique (1991)2
Relying on different reports and recommendation and rules framed by BCI, the researcher reveals the poor condition of legal education in India and that we are yet to have a policy- oriented approach towards legal education and training. There is neither a consensus on the learning objectives of legal education nor on the pedagogical reforms needed to achieve these objectives.
This article advocates for certain qualities that legal education should be able to inculcate in him. Legal education should include training in law schools so that the skills of analysis, synthesis and evaluation can be acquired. Law school should be able to teach a student to remain emotionally detach from the problem put to him and the skill to resolve the problem according to community expectations. The object of legal education needs to be the development of professional skills.
1 Ministry of Education, The Report on the University Education Commission, (December 1948- August 1949) vol. 1. 2‘Learning Objectives of Legal Education in India: A Critique’ (1991), vol. XV, Cochin University Law Review, 444.
2
State of Maharashtra v/s. Manubhai Pragaji Vashi (1995)3
The Supreme Court has observed that the need for a continuing and well-organized legal education is absolutely essential reckoning the new trends in the world order, to need the ever- growing challenges. The scheme envisages selection of 10 young practicing advocates from each state of India, every year for being imparted professional training. And the preference shall be given to those candidates who belong to SC/ST, OBC, woman and physically handicap.
Legal Education in India-Past, Present and Future (1998)4
While discussing the history of legal education, Dr. Justice A.S. Anand mentioned that legal training when first introduced formally in India by Britishers was introduced in the rudimentary form with hardly any standards and qualifications prescribed for admissions to the law class. Even after the establishment of UGC, not much improvement was done in this area. While stating the problems with the legal education, Justice Anand stressed that, “To achieve reality and a meaning for law, there is a need for the services of a group of persons skilled in the knowledge and education of law.” Moreover, he gave the following recommendations:
a) Standard regulations and norms for all law institutes. If norms aren’t followed, license has to be withdrawn. b) National Level Entrance exam with 50% necessary for admission. c) Professional Ethics as a compulsory subject with 60% qualifying marks. d) Need for a high-level committee to renew the existing application. e) Practical training for law graduates who wish to enter teaching field.
In the end, he highlighted the experimentation done by establishing National Law School of India University and praised the BCI’s effort.
Law Commission of India- 184th Report on the Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 (2002)5
3(1995) 5 SCC 730. 4‘Legal Education in India’ (1998) 3 SCC (Jour) 1. 5 Law Commission, Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 (Law Com No 184, 2002).
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This report by law commission suggests for a harmonious construction of UGC & BCI powers & regulations of legal education in India through joint committees. The UGC should form a “Legal Education Committee” to specify standards of legal education and for that UGC Act should be amended thus giving them the power to constitute the said committee. From the said committee, a three-member committee of legal education committee for BCI should be established to fulfil the specified consultation process. Accreditation and quality assessment of law schools should be introduced by BCI and UGC to maintain healthy competition. Moreover, the provisions related to recognition, de-recognition and inspection of law schools should be amended.
With regards to faculty of any college, law commission is of the view that teachers should also be appointed from the sea of lawyers and judges. Moreover, a professional training course for teachers should also be conducted. It is of the view that students, lawyers, and judges should be trained in Alternative Dispute Resolution system. It also proposed that a law graduate should first intern under an advocate of 10 years standing and then give bar exam to be eligible for practice.
Report of The Working Group on Legal Education (2007)6
National Knowledge Commission constituted a working group on legal education. This working group has submitted a report on 5th March 2007. This report made observations regarding the incompatibility of Advocates Act, 1961 in present scenario. It gave various suggestions regarding common entrance test, different teaching methods like optional subjects, clinical courses, appropriate reading material, projects and paper writing with exam, mooting, legal aid etc. Focus on the value of an internship towards establishing legal skills was also made.
According to this report, BCI is exercising more powers than it is conferred upon, moreover several law schools with poor quality have been given permission. It advised that poor standard schools should be closed. It proposed for an Independent Regulatory Authority for Higher Education and for centers for advance legal studies and research. The importance of accessing, attracting and retaining talented faculty and financing legal education has also been dealt with.
6 National Knowledge Commission, Report of the Working Group on Legal Education (2007)
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Clinical Legal Education, Ethics of the Profession (2008)7
This article traces the birth of clinical legal education. Till 19th century, everyone was following the British education system for law where only class room lectures were provided. The clinical method of teaching was being imparted only in medical field where they were trained to acquire the skill, knowledge and technique from interaction with the patients. Similarly, for lawyers also, clinical legal education is the need of the hour where are to be trained through Lok Adalat, Legal Aid Clinic, Legal Literacy Project, direct interaction with clients, representation in courts and tribunals etc. The objective of clinical legal education is to develop perception, the attitudes, the responsibility and the skills to become a lawyer during the law course. The method of clinical legal education has been adopted by many countries. The clinical legal method helps a student assume a degree of control over their own education and they see law in its real-life context. It helps in refining the students to gain experiences in order to maximize their effectiveness.
Re-inventing Legal Education: Challenges & Opportunities – Justice S.P. Mehrotra (2008)8
This paper by Justice Mehrotra deals with the question of whether our existing legal education system provides adequate means and opportunities to meet the challenges coming up in modern era. A comparative study of three-year law and five-year law study course has been done on various points like financial aspects, language barrier, course contents, relevance of subjects from the discipline of science. This study focuses on the suitability of curriculum keeping in the mind the different background of various students.
According to Justice Mehrotra, both the systems should be continued. However, in a single institute they should be run separately by different staff and infrastructure. Certain aspects of Natural Science, Computer etc., should be introduced during first two years of five-year law school. Moreover, there is a need to restructure the course content with main focus on mastering basic concepts of traditional law subjects and practical training.
7 Prof.(Dr.) Jayadev Pati, ‘Clinical Legal Education, Ethics of the Profession’
5
Legal Education in Indian Perspective (2009)9
The primary focus of law schools should be to identify the various skills that define a lawyer and then train and equip its students with requirements of the fast-growing field of law. A person who studies law must have some proficiency in country's history, political theory, economics and philosophy, to enable him/her in becoming agents that participate in institutional changes. Encourage proficiency in languages. Law students should be provided with the opportunity to learn a foreign language of their choice. Law teachers should switch over to “comparative method of teaching”. The law school curriculum should entail certain programs like Lok Adalats, Legal Aid & Legal Literacy and para-legal training. Mock Trials and Moot Court competitions, structured as court trial; client interviewing and counselling sessions; legal research; editing of law journals; legal drafting and conveyancing; court visits etc. in the curriculum is one of the ideal ways to facilitate performance-based education. Law schools and universities should be able to provide e-courses on the shelves.
Global Legal Education in India: Opportunities and Challenges (2009)10
Some important issues that deserve serious attention with a view to promoting global legal education in India:
a) The most challenging task is to strike a proper balance to ensure that students are taught a fair mix of courses that give them knowledge and training in Indian law, facing the challenges of globalization. b) Hiring a good faculty has been a challenge in law schools in India. It is important to provide access to legal material from jurisdictions all over the world. c) There is a need to actively seek and encourage philanthropic initiatives in the field of legal education. d) Reform of legal; education in India requires global philanthropic initiative that can help the country build the educational institutions of the future. e) Library facilities in our law schools need to be substantially upgraded, for which huge resources have to be mobilised.
9Tabrez Ahmed, ‘Legal Education in Indian Perspective’ 2009
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B. Mallesham v/s. The Bar Council of India (2009)11
Admittedly, the task to maintain legal standards was referred to an expert body like “Legal Education Committee” and the Committee after due deliberation with eminent personnel connected with the law course suggested standards to be maintained to meet the global challenges.
Legal Education: Impact of Globalization on Legal Education in India (2010)12
This article starts with describing the need to keep pace with the recent developments due to globalisation. According to the researcher, the goals of legal education should be:-
a) Promote an inter-disciplinary approach of law with other social sciences. b) Encourage proficiency in languages. c) Inculcate the need to observe the highest standards of professional ethics and a spirit of public service. d) Create lawyers who are comfortable and skilled in dealing with the differing legal systems.
These goals can be achieved by developments in the area of curriculum, teaching faculty, better incentives for teachers, examination system based on critical reasoning, foreign languages, creating a tradition of research, encouraging clinical research etc. There is a need to develop a new regulatory mechanism to deal with all the aspects of legal education and to develop centers for advanced legal studies and research.
Challenges Facing Legal Education – Some Concerns (2010)13
This paper deals with three basic concerns revolving around legal education which are Law Teachers, Curriculum and Accreditation of Law colleges.
11 2010 (2) ALD214. 12Sumit Kumar, ‘Legal Education: Impact of Globalization on Legal Education in India’ 2010
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a) Law Teachers: BCI has failed to prescribe the qualifications, conditions of services, pay perks and promotion of law teachers. UGC governs full time teachers. No non-practice allowance is provided to them. Exams like NET’SET is not able to guarantee communication skills and a passion for teaching. There is a need for teaching training, proper incentives, compulsory research publications and better working conditions for teachers to help them make education optimistic and enjoyable. b) Curriculum: BCI has listed 30 compulsory papers (2008) and several optional papers but syllabus is left for universities to frame which result in different syllabus for same subjects. Moreover, language is a big problem as few institutes wants to teach in vernacular medium. Examinations should be tough and creative enough to compel students to read good study material, references and do regular studies and take part in discussions. As per the author, there is a need to segregate students who are seriously desirous of taking up legal practice and others who are interested in liberal education in law. c) Accreditation of Law colleges: This is brought to our notice that though UGC has made accreditation compulsory but no action is taken for non-compliance. Moreover, NAAC doesn’t even classify institutions and doesn’t apply different criteria for accreditation of different classes of institutions. Even National Knowledge Commission in its report has called for a rating system on criteria like facilities, courses, instructors, infrastructure, etc. which will be valid for five years and for closing down poor standard colleges.
PM’s Inaugural Address at the Conference of National Consultation for Second Generation Reforms in Legal Education (2010)14
There is the issue of making our legal curricula multidisciplinary, creative and flexible. It is only relatively recently that areas like ethics in the judicial profession, clinical legal education, alternative dispute resolution, rights of refugees, rights of prisoners and women and child rights, are being given their legitimate due in the legal curriculum. There is an urgent need to integrate these and other areas into a national, uniform course module with fewer exceptions and fewer divergences. There is also the serious problem of law teachers – a vexed problem of numbers, quality and diversity. We need good law teachers to shape and nurture young legal minds. Our
14Prime Minister Office, ‘PM’s Inaugural Address at the Conference of National Consultation for Second Generation Reforms in Legal Education’
8 law libraries are too few and woefully stocked. Law schools should be linked with the best sources of knowledge globally. Internship and post degree placements must also be regulated to match applicants and recipients appropriately. One of the most challenging tasks in legal education in India is to strike a proper balance to ensure that our students are taught a fair mix of courses that give them knowledge and training in Indian law, but at the same time prepare them for facing the challenges of globalization, where domestic legal mechanisms interact with both international and foreign legal systems.
To go from Mediocrity to Excellence (2010)15
Committees, including the National Knowledge Commission and the Committee on Renovation and Rejuvenation of Higher Education (the Yash Pal Committee) found three fundamental drawbacks in the objects, structure and content of legal education as it is being imparted in nearly a thousand law colleges in India, most of them functioning in the private sector. First of all, the objects of legal education in the changing socio-economic context are neither clear nor prioritized. A liberal, holistic and decentralized approach to curriculum planning and development is necessary, for which each university teaching law should have the primary responsibility. The major problems cited in this regard are inadequacy of resources including lack of competent teachers in adequate numbers. The proposal of the Knowledge Commission for a multi-member single regulator involving all stakeholders is an excellent idea that deserves attention. Meanwhile, the recommendation of the Knowledge Commission to set up a few advanced research centers that can attract available talent to plan and develop legal research is worthy of immediate attention. Bar Councils should set up a chain of continuing legal education centers, similarly tying up with law schools for mutual benefit.
History of Legal Education in India (2010)16
Formal legal education in India came into existence in 1855, primary aim of legal education was to equip law students so that they could help the lower courts and the High Courts in the administration of justice by enrolling themselves as Vakils or becoming judicial officers, and thus
15N.R. Madhava Menon, ‘To go from Mediocrity to Excellence’
9 serve the interests of the Administration. For almost a century from 1857 to 1957 a stereotyped system of teaching compulsory subjects under a straight lecture method and the two-year course continued. Numerous committees were set up periodically to consider and propose reforms in legal education.
In 1954, 14th Report of The Law Commission (Setalvad Commission) of India was published which made various recommendations. Those recommendations accepted by All India Law Conference (1959) and also the All India Law Teachers Association. In 1967 this body established a uniform three years LL.B. Course to be taught at LL.B. level.
Later, a proposal of a five-year integrated course after an intermediate (10+2) examination. Hence, the Council today allows both the three-year course and five-year course to continue. It is necessary for lawyers to understand the political, cultural and social influences on the legal systems of other countries and, by using that knowledge, to forge strong relationships between parties. The object of the entire exercise is to structure knowledge about foreign legal systems.
Rajiv Gandhi Advocates Training Scheme Inaugurated (2011)17
The primary purpose behind the development of the lawyers’ training program is to standardize the training of future generations of lawyers in the globalization era. Training programme helps in enhancing following skills of the advocate trainees.
a) Builds better communications skills. b) Develops hidden talent. c) Ensures consistent quality. d) Provides greater focus. e) Produces more effective/productive efforts. f) Clarifies the concept of marketing as a business process.
The National Law University, Delhi will implement the scheme suggested by Supreme Court in State of Maharashtra v. Manubhai Pragaji Vashi18, at the national level by providing the Advocates one-month training in its campus and the Advocates will be placed with a Senior/leading Advocate at their respective places for one-month training.
17Ministry of Law & Justice, Rajiv Gandhi Advocates Training Scheme Inaugurated (Press Information Bureau 2011)
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Legal Education in India - How Far the Second-Generation Reforms Will Meet the Global Challenges (2012)19
The author provides a brief of all the law commission recommendations, Supreme Court’s findings, National Knowledge Commission’s Recommendations, and the Vision Statement 2010- 2012 of the BCI. At 'National Consultation for Second Generation Reforms in Legal Education' Dr. M. Veerappa Moily presented Vision statement for second Generation Reform in Legal Education. The first generation of reforms established NLUs and the second generation of reforms shall focus on Expansion, Inclusion & Excellence.
a) Expansion will focus on a multi-disciplinary approach encouraged across the board to enable more students to access affordable and quality legal education. Apart from establishment of Four Centre of excellence, NLUs in every state and Continuing learning centers, Public-Private-Partnership model for law schools are encouraged. b) Inclusion will focus on creating a system where an inclusive participation in opportunities, scholarships and fellowships, national law libraries are to be made available for every section of the society. c) Excellence will focus on identifying and nurturing talent by providing every opportunity to all law students by offering specialized subjects, by establishing an online continuous career development and monitoring program etc. A continuous focus on social responsibility and a strong professional ethics need to be developed. A separate system for creating a cadre of court administrators, managers, legal secretaries need to be established.
Globalisation and Legal Education in India (2012)20
The author focusing on the importance of institutions of global excellence for education stresses on the need of change in law with the passage of time. The concept of Legal Education has been transformed from Austinian approach which necessitates the presence of sovereign for a proper law to Social Engineering approach of Roscoe Pound so as to dole out finest for the present circumstances & challenges of globalization. Starting from the history of legal education in India, author discusses about Dharma, Keshavanada Bharati Case and to the opportunities presented by
19Prof K.P.C. Rao ‘Legal Education in India-How Far the Second-Generation Reforms Will Meet the Global Challenges’ (KPCRA, 26 April 2012)
11 globalization. Just as the justice-oriented education is vital to the values enshrined in the constitution of India, similarly it should also prepare the lawyers to confront the novel challenges of globalization. To achieve this objective, there is a need to impart global legal education with the help of Information Technology, or by adopting student exchange programmes, double degree programs. Subjects focusing on comparative and international perspectives should be introduced. Author also believes that a proper co-operation & co-ordination amongst all the authorities responsible for legal education is required for example BCI, UGC etc. Such education shouldn’t be restricted to expensive education but should be made accessible to every institute.
Raising the Bar for the Legal Profession Authored By N.R. Madhava Menon (2012)21
Over a thousand of so-called law colleges working in small towns and panchayats without infrastructure and competent faculty, lawyers graduated from such universities barely survive with legal aid cases and cases managed through undesirable and exploitative methods. In the 1970s and 1980s, when the Bar Council of India Trust organized few Continuing Legal Education (CLE) programmes, there were enthusiastic responses from all segments of the profession. CLE is indispensable for maintaining professional competence and its social relevance. There are very few teachers trained in clinical teaching methods. Therefore, there is a tremendous vacuum in professional training which is waiting to be addressed through CLE. CLE is the best mechanism to learn skills particularly in the context of the explosion in knowledge and technology. For the first time in the history of legal education, the National Law School of India University, Bangalore, has established a Chair on Continuing Legal Education with support from the International Bar Association, the Ford Foundation and the Menon Institute of Legal Advocacy Training.
India’s State of Legal Education: The Road from NLSIU to Jindal (2014)22
This article takes one on a journey from the establishment of first National Law School to Global Law Colleges in present times thus highlighting the change in legal education and challenges present in front of it.
21N.R. Madhava Menon, ‘Raising the Bar for the Legal Profession’
12
When the first NLSIU was established, Indian legal system was in such a poor stage due to poor standards of lawyers that Govt. of India sought to transfer the Bhopal Tragedy case to US courts insisting that Indian Courts were unable to manage complex litigation. Dr. N.R, Madhava Menon and others acknowledged that there is a need to change legal education with the goal of strengthening the rule of law and promoting access to justice. NLSIU administered national level exam with limited seats thus not admitting less interested and capable people. Students were trained to deliver social justice with the help of clinical education, compulsory research papers. Different professors for the same subject co-taught to give different perspectives and inculcate critical thinking in students.
After then came the globalization, with it the new market for the students to get jobs resulting into less people going towards litigation. However, a demand of well-trained transactional attorneys has increased. This need is addressed by new schools like Jindal Global Law School who is seeking to prepare global attorneys.
Legal Education Challenges & Reforms in 21st Century (2015)23
This paper basically focused basically on Status of legal education in India, challenges, further up-gradation & reforms and suggestions. This paper provides data as to how many students join law schools every year and the percentage of good colleges in India which is only 15% to demand. The author feels that in five-year course apart from subjects like social science, commerce, management, science etc., subjects like natural resources and law, medical science and law should be included. There is a need of full-fledged refined and updated common curriculum at national level with the promotion of Clinical Legal Education. With the compulsory student internships, faculty internships are also required. In depth research, continuing legal education are need of hour. To fill the gap of skill set required for a lawyer, there should be one-year diploma program which everyone aspiring to become a lawyer should pass. A lawyers’ academy and a teachers’ academy is required to establish to train and upgrade the standards of both the profession. Most importantly, there is a need of legal education act.
23Tabrez Ahmed, ‘Legal Education Challenges & Reforms in 21st Century’
13
Legal Education in India- What lies ahead? (2015)24
The standard of teaching as well as other facilities available to students should be the same in every college whether five-year or three-year law college or else it will lower the regard for the profession by producing graduates who are incompetent to reason the intricacies which pertain to law as a profession. In a recently held lawyers meet of Bar Council of India, the chairman Manan Kumar Mishra said that “30% of all lawyers in India are fake, holding fraudulent law degrees.” Another factor responsible for the lacking skills in law students is the quality of education and skills taught in the institutions.
A proper accreditation system should be there to ensure uniformity of legal education all over the country irrespective from which university or college it is received. Legal internships should be incorporated as an essential part of academia because not only they help students in gaining practical knowledge and experience but also in making informed choice regarding their sphere in their prospective legal career.
Eighty Sixth Report - Promotion of Legal Education and Research under the Advocates Act, 1961 (2016)25
This report was an attempt to suggest measures for the promotion of legal education. After stating all the viewpoints of stakeholders and problems underlying the legal education, this committee suggested various recommendations which are:
a) To set up more institutes like National Law Universities and that they should be declared as institutes of National Eminence. b) There is a need to amend Advocates Act, 1961, reclassifying the powers of BCI in matters related to legal education. c) Universities should be given full autonomy in designing the course; this power should not be delegated to BCI or UGC. d) It recommends five-year law course instead of three year law course with the inclusion of new subjects in its curriculum related to Arbitration, Mediation, IPR etc. e) A strong emphasis is made on the setting up of a lawyers’ academy for ongoing training of practicing lawyers to equip them with the development in law in the
24Bhavesh Gulani, ‘Legal education in India’ (iPleaders, 2015)
14
globalized economy. Example of Gujarat Bar Council Advocates Academy was given.
Professional Legal Education in India: Challenges and the Way Forward (2016)26
The legal education in India is currently undergoing a transformation phase. Globalisation has posed varied challenges to legal education in India. Few of which are:
a) To train students up to the level of students of developed countries. A proper balance needs to be drawn to ensure that students are taught a fair mixture of Indian laws and international law. b) The objective of global legal education is to create trained minds who can settle cross border issues efficiently. c) To provide continuous training to legal professionals to make them up to date with global market practice. d) Absence of due emphasis on research and publications in law schools. e) To include clinical legal education in all the specialization of legal field.
The author is of the view that linking clinical legal education with legal services authorities and courts can play an infinite role in implementing Article 39A, Article 8 of the UDHR & Section 4(K) of the Legal Services Authority Act, 1987.
The author has also listed the challenges found by Committee on Reform of Legal Education (Bar Council of India v. Bonnie FOI Law College & Ors.27) which are:
a) Expertise & ability of BCI to address the demands of changing legal education in India & reform the legal education system as per contemporary requirements in sync with Information Technology & biological and scientific developments. b) Lack of funding in an area as important as legal education which is keeping the infrastructural, adequate payment to faculties & technical requirements of legal education to back foot. c) Loopholes in inspection and recognition of law colleges by BCI. d) Separate accreditation/rating system for legal education institutions.
26Professional Legal Education in India: Challenges and the Way Forward (Educational Quest: An Int. J. of Education and Applied Social Sciences, vol. 7 Issue 3 2016). 272017(3) SCALE 91.
15
The solution for these problems according to author are that we need to provide academic space for engaging in teaching and cutting-edge research on issues of global significance. We should also develop the curriculum to meet the contemporary demands for legal services, recruitment of competent and committed faculty, establishing research and training centers, necessary financial support from the state, and creating necessary infrastructure, especially a well-endowed library. The need of the hour is to stress on transactional law training & clinical legal education.
The author is hopeful because of the following developments:
a) NLSIU, Bangalore has established a chair on Continuing legal education with support from International Bar Association, the Ford foundation and the Menon Institute of Legal Advocacy Training. b) Higher Education and Research Bill, 2011 proposes for setting up of a National Commission for Higher Education and Research for determination, coordination and maintenance of standards and promotions of higher education. c) The Foreign Educational Service Providers’ Bill as amended in 2013 may induce some world-famous universities to set up their own campus in India.
Law Commission of India; Report no. 266 The Advocates Act, 1961 (Regulation of Legal Profession) (2017)28
Chapter 12 of this report deals with the Legal Education in India. It advocates that there is a need for the regulatory scheme for the maintenance of standards and it should run in a straight line from the stage of education and training to enrolment and active practice. Legal education should also prepare professionals equipped to meet the new challenges and dimensions of internationalization where the nature and organization of law and legal practice are undergoing a paradigm shift.
This report mostly deals with the role of BCI, historically, constitutionally and judicially interpreted by the Courts in pursuit of legal education. BCI has been envisaged as a body for regulating the minimum standards to be maintained by institutions imparting legal education, and the Rules framed by BCI in exercise of its power under the Advocates Act, indeed provide for a comprehensive framework for the evaluation of institutions on de minimis criteria. Requirement
28 Law Commission, The Advocates Act, 1961 (Regulation of Legal Profession) (Law Com No 266, 2017).
16 of apprenticeship has been advised by Justice A.H. Ahmadi Committee. BCI framed rules accordingly but it was rejected by Supreme Court in V. Sudeer case29.
Only suggestion coming out of this report is transformation in infrastructure and resources in law colleges.
The Present Scenario of Legal Education in India (2017)30
In 2008, the Common Law Entrance Test (CLAT) brought into existence for unifying the system of law entrance in India. The turn of the century has witnessed a revolution in legal education. This has resulted in better infrastructure, greater private involvement and increased investment in legal education. The role of the UGC in providing assistance and guidelines for the functioning of the upcoming law schools has been indispensable. The new era of legal education in India has opened up avenues for students in law students in India and completely revamped the image and structure of the legal profession of the country and it is no longer viewed in the parochial manner as it used to be before.
Jurists Stress Need for Online Legal Education, 2017.31
Justice Madan B Lokur of the Supreme Court said an online platform would introduce the legal fraternity to new disciplines of law, give "practical experience" to lawyers and students. It will also help lawyers stay updated on various aspects of the law, he said, adding that members of the legal fraternity had a duty towards society to give something back (to it) through knowledge.
Justice Geeta Mittal of Delhi High Court said since the law had "an international language and content", India could not afford to be left behind. N.R. Madhava Menon, a jurist educator, said that an online legal education forum could provide sustained education and training to people, making them "practice ready."
29 (1999) 3 SCC 176. 30Anubhav Pandey, ‘The Present Scenario of Legal Education in India’ (iPleaders, 13 May 2017)
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Modi Government to Replace UGC, AICTE with One Higher Education Regulator, (2017)32
The Modi government is all set to scrap the University Grant Commission (UGC) and the All India Council for Technical Education (AICTE) and replace them with one higher education regulator, tentatively christened Higher Education Empowerment Regulation Agency (HEERA). HEERA is aimed at putting an end to the inspector raj and harassment that the UGC regime is associated with and the new body will also be empowered to take strong penal action when necessary.
NALSAR University Promoting Excellence in Legal Education: KCR (2017)33
Let NALSAR in the country to start a three-year become the first National Law University in the country to start a three-year state-of-the-art LL.B program with 50% seats reserved for residents of Telangana. The state government would fully finance this course’ a release from NALSAR quoted Telangana Chief Minister K Chandrashekhar Rao.
President Unveils Online Education Portal SWAYAM (2017)34
President Mukherjee launched a ‘National Academic Depository’ where verified educational records will be digitally stored by universities and boards to counter forgery. Underlining the need for making quality study material available in regional languages.
Attorney-General Calls for Restructuring of Legal Education in the Country (2017)35
Speaking at the launch of the Ghana School of Law’s 58th annual Law Week in Accra last Tuesday, Ms. Gloria Akuffo, the Attorney-General and Minister of Justice, Ghana, said the existing structure, including the facilities and lecturers of the Law School, was limited, thereby
32Modi Government to Replace UGC, AICTE with One Higher Education Regular (Legal News and Views, vol. 31 no 7) 28. 33 ‘NALSAR University Promoting Excellence in Legal Education: KCR’
18 restricting the intake of LL.B holders for further study of additional programmes. She, therefore, called for the establishment of other faculties, aside from the campus at Makola in Accra, and the employment of more lecturers to enable the school to admit more LL.B graduates.
A former Vice-President of the International Criminal Court, Mrs. Professor Justice Akua Kuenyehia suggested that the entrance examination requirement be regularized by a legislative instrument because an entry requirement was essential to preserve the quality of students who qualified to be called to the Bar. Another option, she suggested, was for the GLC to approve universities which had the facilities to offer both academic and professional training of lawyers.
ABA Launches Legal Education (2017)36
The American Bar Association’s Commission on the Future of Legal Education, the 10-member commission will seek to bring the perspectives of various constituencies to the table, including judges, deans, professors and practitioners. The commission will focus specifically the bar exam, alternative teaching methods and length of law school, among other issues. The commission was created in February to anticipate changes in the legal profession and how they might affect the training of future generations of law students.
Clinical Legal Education- Building a Roadmap for Clinical Legal Education in India (2017)37
The author mentioned some major challenges for Clinical Legal Education (CLE) in India are lack of funding, lack of trained clinical instructors, no academic credits for clinical work, lack of practice component to clinical education. There are different stakeholders involved and to bring everyone on the same page there is a need to adopt a ‘model’ that will be applicable across all law schools in India. There is a need of partnership with practicing lawyers, law firms, local NGOs and other stakeholders in order to good quality work. These local stakeholders can give proper guidance, feedback to students helping the students grow and learn even more. It is essential to
36Andrew Kreighbaum ‘ABA Launches Legal Education’
19 do so in order to prepare Indian law students for practice and for thinking about the bigger issues of access to justice when they step into the world of legal profession.
Legal Education - A Global Perspective.38
This article focuses mainly on international legal education and to equip Indian lawyers with such skills and knowledge to comprehend the new social and economic changes in the world. There is an emergent need to review legal education and make it better administered. Firstly the shift in legal education will be possible only with the presence of better faculty which can be procured by giving better financial incentives or if that can’t be done then video conferencing of lectures can be done.
Secondly an academic space for engaging in teaching and cutting edge research needs to be established. A global curriculum, global faculty, a global degree and global interaction is the need of hour. A subject of International and Comparative law should be added in the curriculum.
Lastly, Justice Bindal focused on the importance on the continuing education of the lawyers and hence to establish Lawyers Academic on the lines of Professional Accreditation Programme (English Legal System) and Diploma in Legal Practice (Scotland).
Genesis of Legal Education.39
This paper deals with the history of legal education in India. It covers the legal education during ancient, Muslim, British and present era. An analysis of poor state of legal education has been made by the researcher. It is trying to demonstrate that how the Bar Council of India which was entrusted with the objective to impart skills, has failed to do the same and only specified the subjects required to be taught by traditional methods. A passage from the Supreme Court judgment of State of Maharashtra v. Manubhai Pragaji Vashi40, is restated here:
“The legal education should be able to meet in the ever-growing demands of the society and should be thoroughly equipped to cater to the complexities of the different situations. Specialization in different
38 Justice Rajesh Bindal, ‘Legal Education – A Global Perspective’
20
branches of the law is necessary. The requirement is of such a great dimension that sizeable or vast number of dedicated persons should be properly trained on different branches of law every year by providing or tendering competent and proper legal education. This is possible only if adequate number of law colleges with proper infrastructure including expertise, law teachers and staff are established to deal with the situation in an appropriate manner. It cannot admit of doubt that of late there is a fall in the standard of legal education. The area of deficiency should be located and correctives should be effected with the co-operation of competent persons before the matter gets beyond control.”
The Transformation of Indian Legal Education- A Blue Paper.41
First generation reform in legal education took place until the beginning of the 1980s which include: LL.B. becoming a post-graduation course, rapid expansion of law teaching institutions, development of core curriculum and establishment of a compulsory one year post LL.B. apprenticeship with a senior advocate for eligibility for license to practice.
Second Generation reform thus became imperative to maintain access and to maintain quality. The five-year integrated programme thus developed and thus BCI allowed both 5 and three-year law programmes. Hence led to the birth of National Law School at Bangalore in 1986.
India entering the WTO and adopting policies of economic liberalization in the 1990s brought about legislative changes. As many as six pieces of legislation are now pending in parliament, which if adopted, are potentially capable of radically changing the higher education scenario in the country, including legal education. It is in this context that the Ministry of Law and Justice proposed what may be called ‘Third Generation’ reforms in legal education, wherein a variety of changes in the regulatory framework are contemplated along with more national law schools and additional government funding of advanced centres for research and training in law.
Beside these everyone now realizes that unless the faculty position is improved, the future of legal education is bleak and students with financial capacities will migrate to other jurisdictions for their education. The establishment of a network of advanced centres of legal research and training as recommended by the National Knowledge Commission will help address the lack of quality research and promote a research culture in existing law schools.
41N.R. Madhav Menon, ‘The Transformation of Indian Legal Education- A Blue Paper’ (Harvard Law School)
21
Legal education should be treated as a part of liberal as well as professional education. Ignorance of law is not innocence but a sin which cannot be excused. Thus, legal education should create law abiding citizens.
Figure 1 Aspects of Legal Education
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It can be understood from this figure that any legal education institution should have these 4 major responsibilities that it ought to fulfill.
1. ACADEMIC EXCELLENCE : Including all the Core Teaching of law and interdisciplinary subjects,
2. CLINICAL LEGAL EDUCATION & LEGAL AID : Practical aspects of law taught and providing legal aid and spreading awareness through clinical legal education
3. RESEARCH & TRAINING : Inclusive of Research by faculty members and Involvement of students in research activities
4. CO-CURRICULAR ACTIVITIES : Including Moot Court, Mock Trial and MUN, Conferences/Seminars/Workshops/Training activities etc.
1.3 METHODOLOGY:
1.3.1 OBJECTIVES OF THE RESEARCH
The objective of the research study is to revisit the quality of existing legal education provided in the state of Gujarat and create a database so that we could suggest policies and other improvements to be made by the government to improve the status of legal education in the state. Looking at literatures surveyed and researchers’ understanding four aspects (Figure 1) need to be addressed for effective and efficient legal education in India.
1.3.2 SCOPE AND LIMITATIONS OF THE RESEARCH
The research project has its scope limited to the legal education in the state of Gujarat. Thus naturally the researchers have laid their emphasis is on the quality of education provided in legal education institutions in Gujarat. The sample size of the research project is kept to be legal education institutions recognized by UGC in the state of Gujarat.
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1.3.3 RESEARCH METHODOLOGY
The research methodology adopted during the course of this project has been Empirical in nature since the researchers have actually visited the various legal education institutions across most of the districts in the Gujarat for collection of the data for the present project.
Thus, the aim of the research project is to have a database of legal education institutions in the state of Gujarat. Further the limitation in this research project have been the difficulties in obtaining the data from different legal education institutions for which the researchers have tried to adopt a better classified sample and use better and more effective methods to analyse the data.
Legal Education Institutions in Gujarat
2007-2016
1997-2006
1987-1996
1978-1986
1968-1977
1958-1967
1948-1957
Till 1947
0 10 20 30 40 50 60 Till 1947 1948-1957 1958-1967 1968-1977 1978-1986 1987-1996 1997-2006 2007-2016 Series1 2 1 10 12 0 4 7 50
Source :- www.barcouncilofindia.org
Figure 2 Legal Education Institutions in Gujarat
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1.4 SIGNIFICANCE OF THE STUDY:
Looking at growth of legal education institutions in the country and deteriorating legal education, it is the need of the hour to have detail research about the operation of LEIs in the state and also at the national level. Researchers have rightly took up the task of studying the LEIs at the state level which will help in rejuvenating legal education in the state of Gujarat.
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CHAPTER 2 LEGAL FRAMEWORK OF LEGAL EDUCATION IN INDIA
2.1 RULES
2.1.1 History of Legal Education in India:
Till early 1920s, the opportunities for quality legal education in India were limited. It is not uncommon to see Indian legal luminaries from the era with an Oxbridge law degree and enrolment at an Inn of Court. Though reputed colleges like Government Law College, Mumbai, were in existence. But in second half of the 19th century, colleges like faculty of law in Delhi University, ILS Law College in Pune and a host of other colleges in various states and universities across the country made quality legal education accessible.42
The Bar Council of India kick-started the next level of evolution in the legal education in the country through the founding of National Law School of India University, Bangalore on 29th August 1987.43 The establishment of this premier law school in Bengaluru has brought about a paradigm shift in teaching of, and research in law. The Bar Council of India visits and inspects Universities/Law colleges in the country as part of its statutory function of promoting legal education and laying down standards in consultation with the Universities in India and the State Bar Councils.44
2.1.2 Functions of Bar Council of India:
The Bar Council of India was established by Parliament under the Advocates Act, 1961 to regulate and represent the Indian bar.45 BCI performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. BCI also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate.
42‘BCI Legal Education’
26
However, BCI also performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organize welfare schemes for them under the fundraising powers of the BCI which are embedded in its constituting documents.
The statutory base of all the functions of the Bar Council of India have their origin in the Advocates, 1961 under its section 7 that stipulates the Bar Council’s regulatory and representative mandate for the legal profession and legal education in India:
1. To promote legal education and to lay down standards of legal education. This is done in consultation with the Universities in India imparting legal education and the State Bar Councils.46 2. To recognise Universities whose degree in law shall be a qualification for enrolment as an advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar Councils to visit and inspect Universities for this purpose.47 3. To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of legal interest.48
2.1.3 ‘BCI Education Rules, 2008’ (Rules on Standards of Legal Education and Recognition of Degrees)
The Bar Council of India, in its meeting held on September 14, 2008 through resolution no. 110/2008, approved the Rules on Standards of Legal Education and Recognition of Degrees (‘BCI Education Rules, 2008’) Source of Power of BCI for enacting upon the issues of legal education: Section 7(1)(h) enumerates the function of the Bar Council of India as ‘to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils’.
46 Functions of BCI under Section 7 of Advocates Act, 1961. 47 Ibid. 48 Ibid.
27
SAILENT FEATURES: Rules on Standards of Legal Education, 2008:
Condition precedent
Prior affiliation by the University
Library & ICT facilities
Adequate library facilities: AIR manual, Central Acts, Local Acts, Criminal Law Journal, AIR, SCC, Company Cases Subscription to online database At least 10 Internet access points with desktop facilities Reading room Qualified library staff Drinking water and rest room facilities shall be available in library premises Library shall have adequate reading space for at least 25% of enrolled students49
University Autonomy & Courses
Universities are free to design their academic programs However, courses stipulated under BCI Education Rules, 2008 are mandatory
Classroom
The maximum intake in each section the class is 60 students For an intake of 60 students in each section, a classroom size of (30 X 50 = 1500) sq. ft. is necessary Special classrooms and tutorial classroom shall have space of at least 20 sq. ft. per student
Faculty Qualification
Full-time members of the faculty shall possess at least Master of Laws (LL.M) degree or as prescribed by the UGC Members of the faculty teaching clinical program may be drawn from retired judicial officers or from the Bar
49Rules on Standards of Legal Education, 2008.
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Visiting faculty from the profession, judiciary or academia shall have a minimum experience of 10 years There shall be sufficient number of full-time members of the faculty who shall be, if necessary, supported by part-time and visiting faculty Members of the faculty shall be paid according to UGC pay scales Faculty workstation shall be at least 100 sq. ft per workstation.50
Infrastructure
Clear title to land and buildings Land shall be adequate to house academic buildings, library, indoor and outdoor sports facilities and, if applicable, halls of residence for male and female students separately Academic building shall provide separate classrooms for each section sufficient to accommodate sixty students and other rooms for the purposes of tutorial work, moot court, students’ common room and library Separate restrooms for male/female – 10 units per 100 students.51 Minimum capital fund of Rupees 10 lakhs Dedicated academic building Adequate facilities for indoor and outdoor games
Legal Aid
Each institution shall establish and run a legal aid clinic under the supervision of a senior faculty member
Laboratory
Institutions running integrated law programs shall have adequate library facilities for science, engineering and technology courses if courses are offered in the stream
Head of the Institution
Principal/Head/Dean shall have minimum qualifications as prescribed by the UGC
50ibid 51ibid.
29
Here are few sections of the BCI Rules of Legal Education 2008 which are often over looked and not used in practice by the universities.
a) Section 2 (xiv) of the Bar Council of India’s Rules of Legal Education 2008 “Lateral Entry” which is an admission given to graduate applicants at the beginning of third year in an integrated Five Year Course.
b) Section 2 (xv) of the same act talks about “Lateral Exit” means opting out at the end of three year after successfully completing the courses up to the third year, from an Integrated Five year course on being awarded a Bachelor degree.
Thus they need to be implemented and the BCI being the authority needs to inspect the same which is laid down in the guidelines given for the Inspection of Universities Guidelines 2008.
2.1.4 INSPECTION OF UNIVERSITIES BY BCI:
Inspection of Universities is one of the most important functions of the Bar Council of India. It is necessary for the Bar Council of India to properly and adequately inspect a University for the purpose of recognising its degree in law as ‘the qualification for enrolment as an advocate.52
52Inspection of Universities by BCI Manual 2010.
30
INSPECTION REPORT PROFORMA
(while preparing the inspection report of the Centre of Legal Education, members are requested to follow below mentioned headings. According to the headings the report may be prepared paragraph wise)
1. Name of the institution with place & state, Date of inspection, Members of the inspection team.
2. History of the institution (year of establishment, society details, University affiliation details, Government NOC details, details of Governing Body etc.) – Report whether in order – State, Short coming if any.
3. Infrastructure details – Report whether as per schedule :
(How many class rooms, common room, Principal room, staff room, girls and boys room, library, moot court, computer lab etc.)
4. Details about the financial position (Society and the college – ensure whether the management has allotted funds to the institution or not)
5. Details of courses conducted and to be conducted by the college/University, State as per Syllabus what subjects to be taught in each semester in various courses to be conducted.
6. Whether applied with inspection fee by or before 31st December following the session in question, dates of the same.
7. Faculty details – Separately for different courses, with names and term of appointment, since when, their salaries, photos, what subjects they are teaching, etc
8. Library Details – Report, whether as per schedule
9. Previous compliance / inadequate details
10. Recommendation – clearly about the courses, for how many years and number of sections with reasons. Clearly state whether current status of teacher – students ratio is 1:40.
***0*** Note : Please don’t enclose any annexure with the report. All the details shall be mentioned in the inspection report.
Source :- http://www.barcouncilofindia.org/about/legal-education/
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2.2 REPORTS
During the course of hearing of a matter relating to the affiliation of a college with the Bar Council of India in the landmark case: Bar Council of India v. Bonnie FOI, the Supreme Court of India decided to address the crucial issue of reform in legal education.53 Through an order dated 29 June, 2009, the Supreme Court noted the low standards of legal education and constituted a committee to address the issue of affiliation with the Bar Council of India.54
Mr. Gopal Subramanium, who has been the Chairman of the Bar Council of India, Mr. S. N. P. Sinha, the former Chairman of the Bar Council of India and Shri. M. N. Krishnamani, the former President of the Supreme Court Bar Association were members of this committee, with Mr. Subramanium as Chairman. The final report of the 3-member committee on reform of legal education pursuant to orders of the Supreme Court dated June 29, 2009 and October 6, 2009 and as approved by the Bar Council of India vide Resolution dated October 24, 2009.
“This petition filed by the Bar Council of India raises very serious questions regarding affiliation and recognition of Law Colleges by the Bar Council of India. It is a matter of common knowledge that before granting affiliation proper exercise is not carried out. No serious efforts have been made by the concerned authority to learn about the Infrastructure, Library, faculty before granting affiliation or recognition. It is also necessary for the concerned authority to know about the qualification of faculty members and whether they are paid salaries at least according to recommendation of 5th and 6th Pay Commission. And the present day it is also necessary to know whether the Law College is providing computer internet facility to law students.”55
The Supreme Court, therefore, constituted a Committee to examine issues relating to affiliation and recognition of law colleges. The relevant portion of the Supreme Court’s order reads as follows: “The entire future of the legal profession depends on ultimate product of these Law Colleges. Looking to the gravity and seriousness of the matter, we request the learned Solicitor General and President of the Bar Association and the Chairman, Bar Council of India to look into the matter seriously and submit a report to this Court as expeditiously as possible.56 They would be at liberty to associate experts or any other person which they deem it appropriate.” The mandate of this Committee was, therefore, to examine issues concerning the manner of affiliation and recognition of Law Colleges by the Bar Council of India, identifying areas which
53Bar Council of India v. Bonnie FOI Law College & Ors., 2017 (3) SCALE 91. 54 ibid. 55 ibid. 56 Functions of BCI under Section 7 of Advocates Act, 1961.
32 require redressal, and also addressing factors impeding the implementation of the norms already in place.57
The Committee, comprising Shri Gopal Subramaniam, Solicitor General of India as its Chairman, and Shri M. N. Krishnamani, President, Supreme Court Bar Association and Shri S.N.P Sinha, Chairman, Bar Council of India as its Members, undertook a holistic and comprehensive review of the existing literature on the reform of professional legal education in India.58 The Committee, in accordance with the directions passed by the Supreme Court, sought responses and suggestions from various legal luminaries and experts associated with the field of law and higher education, and was overwhelmed at the keen interest and understanding displayed by all stakeholders in undertaking reform of the legal education system in India.59 The Report minutely analyses the existent edifice of the legal education system in India, and seeks to identify the key instrumentalists, as well as their roles, in the ongoing reform movement.60
2.3 CONSTITUTIONAL PROVISIONS:
The Constitution of India initially gave power to legislate upon subject matter of Education to State under Entry 11 of List II of the Seventh Schedule barring few specific topics for Union to legislate. The 42nd Amendment Act, 1976 omitted this power of State to legislate and transferred this subject of Education to the Concurrent List as Entry 25 of List III.61
Entry 25 of List III reads as follows:
“25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.”62
Barring the below mentioned exceptions, the residue of education has become concurrent not just exclusive to the State. The exceptions where only Union can legislate are –
(i) Universities mentioned (Entry 63, List I); (ii) Institutions of National Importance (Entry 64, List I); (iii) Union agencies for Professional Education etc. (Entry 65, List I);
57Bar Council of India v/s. Bonnie FOI Law College & Ors., 2017 (3) SCALE 91. 58 ibid 59 ibid 60 Functions of BCI under Section 7 of Advocates Act, 1961. 61Durga Das Basu, Commentary on the Constitution of India, (8th edn., vol. 10, LexisNexis Butterworths Wadhwa, Nagpur, 2012) 12175 62Entry 25 of List III, Constitution of India.
33
(iv) Co-ordination and determination of standards in institutions for higher education (Entry 66, List I).
Though there is no specific entry in Seventh Schedule to the Constitution of India that deals with legal education. The regulation of standards of legal education, therefore, is through the more generic entries pertaining to higher education and entitlement to practice before courts.
Entry 66 of List I of the 7th Schedule to the Constitution of India ‘Coordination and determination of standards in institutions for higher education or research and scientific and technical institutions.’63 Entries 77 and 78 of List I, are concerned, inter alia, with the entitlement of persons to practice before the Supreme Court and the High Courts.
‘77. Constitution, organization, jurisdiction and powers of the Supreme Court (including the contempt of such court) and the fees taken therein; persons entitled to practice before the Supreme Court.
78. Constitution, organization (including vacations) of the High Courts except provisions as to officers and servants of High Courts; persons entitled to practice before the High Courts.’
It is with reference to Entries 66, 77 and 78 of List I that the Parliament has enacted laws for the regulation of professional legal education in India. The Advocates Act, 1961 was passed by the Parliament of India under List I of the Constitution of India.64 Under this Act, Parliament constituted the Bar Council of India (BCI) as the apex body concerned with the standards for legal education and grant of recognition to Universities whose degree in law will serve as qualification for enrollment as an advocate.65
It has been held by the Supreme Court in the matter of Bar Council of U.P. v. State of U.P.66 that the Advocates Act, 1961, under Section 4 of which the Bar Council of India (BCI) has been constituted, is an enactment made pursuant to Entries 77 and 78 of Schedule VII i.e. it is with respect to the subject matter of ‘…persons entitled to practice…’ BCI is envisaged as the apex professional body for regulating and enforcing the standards to be observed by members of the Bar. In consonance with the various State Bar Councils, BCI is responsible
63Entry 66 of List I of the Seventh Schedule to the Constitution of India. 64O.N. Mohindroo v/s. Bar Council of India, AIR 1968 SC 888. 65‘About the Bar Council’
34 for all matters relating and incidental to admission, practice, ethics, privileges, regulations, discipline and improvement of the profession.
The Supreme Court in a further attempt to recognize the powers of BCI, in the matter of Bar Council of India v/s. Board of Management, Dayanand College of Law,67studied the statutory powers available to BCI under the provisions of the Advocates Act, 1961 as well as the Rules framed thereunder, and concluded that since BCI was concerned with the standards of the legal profession and the equipment of those who seek entry into that profession, BCI is, thus, also concerned with the legal education in the country.
Other than that, Parliament had already established the University Grants Commission (UGC) in 1956 as an umbrella organization for coordination, determination and maintenance of standards in institutions of higher education. While the Advocates Act empowers the BCI to promote legal education and to lay down the standards of such education in consultation with the universities and state bar councils, the UGC Act, 1956 imposed a mandate on the UGC to take all such measures as they deem fit for the promotion and co-ordination of university education and for the determination and maintenance of standards of teaching examination and research in universities.68
It has been held by the Supreme Court in the matter of Prem Chand Jain v. R.K. Chabbra,69 it is pursuant to Entry 66 of List I that the University Grants Commission (UGC) was established under Section 4 of the University Grants Commission Act, 1956. The UGC has the power to recommend any university the measures necessary for:
Promoting and coordinating university education. Determining and maintaining standards of teaching, examination and research in universities. Framing regulations on minimum standards of education. Monitoring developments in the field of collegiate and university education.70
The function of UGC also includes advising the Central Government on problems connected with the coordination of facilities and maintenance of standards in Universities.
67 (2007) 2 SCC 202. 68 Jena, K.C., ‘Role of Bar Councils and Universities for Promoting Legal Education in India’, Journal of Indian Law Institute, 44(4) 2002; p. 565. 69 (1984) 2 SCC 302. 70 University Grants Commission,
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The Supreme Court has emphasized at length the role and responsibility of UGC in the matter of University of Delhi v/s. Raj Singh71, wherein it was held that Regulations framed by UGC prescribing qualifications for teaching staff would override and prevail over all other legislations in this regard, even Parliamentary enactments. It was later reaffirmed in the case of Prof. Yashpal v/s. State of Chattisgarh.72
2.4 ROLE OF JUDICIARY IN PROMOTING LEGAL EDUCATION:
The Supreme Court of India has emphasized that the study of law should be encouraged as far as possible without any unreasonable intervention.73 When the Bar Council of India decided to restrict the entry into legal profession to all those below 45 years, it was struck down to be unreasonable and unconstitutional in Indian Council of Legal Education v/s. BCRI.74
Similarly, when the Bar Council of India mandated for pre-enrollment training after study of law, the Supreme Court held that though it appreciates the efforts of Bar Council of India and also understands its concern of poor legal education but there is always a right way to do the right thing. Right once given by the Advocates Act, 1961 can’t be taken away.75 This type of restraints or regulations certainly will have an adverse impact on the new entrants into legal education. The Supreme Court has realized the importance of discrimination of legal knowledge and tried to impress upon the state to appreciate the same.76
In Bar Council of India v/s. Aparna Basu Mallick77, the Supreme Court held that if the requirement of a degree in law is essential for being qualified to be admitted on state roll, it is obvious that the Bar Council of India must have the authority to prescribe the standards of legal education to be observed by universities in the country. Conditions of standard laid down by the Bar Council of India as to attendance in the law classes, lectures, tutorials, moot courts, etc. must be fulfilled before enrolment as an advocate.
In State of Maharashtra v/s. Manubhai Pragaji Vashi78 the Supreme Court of India termed denial of grant-in-aid by the state of Maharashtra to be recognized private law colleges as was
71 1994 Supp (3) SCC 516. 72 (2005) 5 SCC 420. 73Deepak Sibal v/s. Punjab University, AIR 1989 SC 493. 74 AIR 1995 SC 691. 75V. Sudeer v/s. Bar Council of India, (1999) 3 SCC 176. 76 ibid 77 (1994) 2 SCC 102. 78 (1995) 5 SCC 730.
36 afforded to other faculties unconstitutional as well as violative of Articles 21 and 39-A of the constitution. It held that Article 21 read with Article 39-A of the constitution mandates or casts a duty on the state to afford grant-in-aid to recognized private law colleges, similar to other colleges, which qualify for the receipt of the grant.
The Supreme Court of India in the case of V. Sudeer v/s. Bar Council of India79 has analyzed the rule making power of Bar Council of India under section 24(3) (d) of the Advocates Act, 1961. The Supreme Court scrapped the order passed by Bar Council of India, prescribing one-year pre-enrolment training and apprenticeship before enrolment. The court observed that;
“The Bar Council had framed impugned rules, which had to be scrapped out because it has resulted into firing at wrong end. All that Bar Council of India can do is to suggest ways and means to promote such legal education to be imparted by the universities and for that purpose; it may law down the standards of Education, Syllabi in consultation with the universities”
In a similar case the Supreme Court of India struck down the order of Bar Council of India banning the evening law college. In Gopalakrishnan Chatrath v/s. Bar Council of India80 the court observed that;
“It has been further contended that the right of education which is still available to a person for educating himself other than the legal education, the right of the person who wants to educate him selves in legal education would not be at par with others. The act of denying the legal education in the evening sessions would also be violative of Article 14 of the constitution. The education be it legal education or science education or art education, everybody is entitled to equal treatment.”
With reference to part-time legal education by an employee and thereafter availing an opportunity for enrolling himself as an advocate the Supreme Court of India in Dr. Haniraj L. Chulani v/s. Bar Council of Maharashtra,81 observed that the Bar Council of India is cast with the duty to take all such steps as it considers necessary to filter students at the entry stage to the law course e.g. by providing an entrance test, as well as at the entry point to the profession, e.g. by providing an examination or a training course before enrolment as an advocate. That the part time legal education of an employee is ‘For a living and for life, here and hereafter’, and thus its denial is quite unjustified.
79 (1999) 3 SCC 176. 80 AIR 2001 PH 41. 81 AIR 1996 SC 1708.
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The Supreme Court of India, in Indian Council of Legal Aid and Advice v/s. Bar Council of India,82 also struck down the resolution passed by the Bar Council of India, restraining a person of the age above 45 years for the enrolment as an advocate to the State Bar Council. The averment made by Bar Council of India that the legal profession is pious and honorable with an object of serving mankind through the system of administration of justice, and hence the Bar Council of India has a pious duty to protect the public image of law profession by restricting the inflow of the large number of retired personnel. However, the Supreme Court foiled the argument.
82 AIR 1995 SC 691.
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CHAPTER 3 RESEARCH FINDINGS AND ANALYSIS
Investigators tried to collect the data from all 86 LEIs through personal visit, sending questionnaire via mail, post. They sent questionnaires to 49 LEIs out of these 16 were personally visited. Apart from this, 13 LEIs were also visited. Thus in total 62 LEIs were finally approached for data collection. They were able to collect the data from 11 LEIs only. It is pertinent to note that data collected from these 11 LEIs are not sufficient in nature thus no tabulation, statistical analysis can be done. Following is the gist of field survey carried out.
Sr. Date of Name of Legal Education Mode of Survey Observation Remarks No. Visit Institutions on field visit Personal Visit/ Questionnaire Mail/Questionnaire Dispatch 1 January K.A Pandhi English Medium Law Personal Visit Small Building Left 29-30, College, Rajkot and hence questionnaire 2018 (Saurashtra University) small to send it by classrooms. post. Staff seems qualified and adequate. 2 January A.M.P Law College, Rajkot Personal Visit Poor Building. Data 29-30, (Saurashtra University) Staff was Collected. 2018 qualified and adequate. Improvement can be done on infrastructure part. 3 January H.N Shukla College, Rajkot Personal Visit Inadequate Left 29-30, (Saurashtra University) staff. Poor questionnaire 2018 infrastructure. to send it by Most teachers post. were only LL.M. degree holders. Need great improvement. 4 January Harivandan Law College, Rajkot Personal Visit Well- Left 29-30, (Saurashtra University) Constructed questionnaire 2018 Building. to send it by Though post. classrooms were very small. Reluctant to provide information.
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5 January Grace Law College, Rajkot Personal Visit Good Data 29-30, (Saurashtra University) Infrastructure. Collected. 2018 More, Professionalism is required on part of the staff. 6 January T.N Rao College of Law, Rajkot Personal Visit Law college ‘s Left 29-30, (Saurashtra University) building was questionnaire 2018 combined with to send it by other subjects’ post. building. Infrastructure could be improved. Inadequate staff. But had facilities like moot court room. 7 January Smt. R.D Gargi College, Rajkot, Personal Visit Good Left 29-30, (Saurashtra University) Infrastructure. questionnaire 2018 to send it by post. 8 January Department of Law, Personal Visit Good Data 29-30, (Saurashtra University) Infrastructure. Collected. 2018 9 March 7, Sir L. A. Shah Law College, Personal Visit Information Data denied. 2018 Ahmedabad, denied (Gujarat University)
10 March 7, G L S Law College, Ahmedabad Personal Visit College was Left 2018 (Gujarat University) closed. Staff questionnaire was willing to to send it by entertain. post. Infrastructure looked good.
11 March 7, I.M. Nanavati Law College, Personal Visit College was -- 2018 Ahmedabad, closed. (Gujarat University)
12 March 7, Motilal Nehru Law College Personal Visit College was -- 2018 Ahmedabad, closed. (Gujarat University) 13 March 7, M N Law College, Ahmedabad, Personal Visit Poor Left 2018 (Gujarat University) Infrastructure. Questionnaire. College was closed hence just met the administrative staff. 14 March 7, Vivekanand College, Ahmedabad, Personal Visit Poor Left 2018 (Gujarat University) Infrastructure. questionnaire College was to send it by closed hence post. just met the administrative staff.
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15 March 8, Navgujarat Law College Personal Visit - Data collected. 2018 Ahmedabad, (Gujarat University)
16 March 8, Samarpan Arts and Commerce Personal Visit Good Left 2018 College, Ahmedabad Infrastructure. questionnaire (Gujarat University) to send it by post. 17 March 12, School of Law, Personal Visit Good Data 2018 Auro University of Hospitality infrastructure collected. and Management, Surat and staff 18 March 12, V. T. Choksi Sarvajanik College of Personal Visit Good Left 2018 Law, Surat infrastructure; questionnaire (Veer Narmad South staff was to send it by Gujarat University) adequate and post. was willing to provide information. 19 March 12, Siddharth Law College, Surat Personal Visit Principal was Data 2018 (Veer Narmad South very collected. Gujarat University) intellectual. Good Infrastructure. 20 March 12, C.J. Patel Vidhyadham Law College Personal Visit Infrastructure Questionnaire 2018 Surat was not upto sent on (Veer Narmad South the mark. whatsapp to Gujarat University) send it by post. 21 March 12, Department of Law, Surat Personal Visit Very Good Data 2018 (Veer Narmad South Infrastructure. collected. Gujarat University) 22 March 13, Shah K M Law College, Valsad Personal Visit -- -- 2018 (Veer Narmad South Gujarat University) 23 March 13, Naranlala College of Commerce And Personal Visit Law Left 2018 Management, Navsari Department’s questionnaire (Veer Narmad South building was to send it by Gujarat University) under the post. premises of another department’s building. 24 March 13, Dinshawdaboo Law College, Navsari Personal Visit Staff denied at Left 2018 (Veer Narmad South first; exam questionnaire Gujarat University) time; no to send it by student nor post. faculty were there at the time of visit due to exams 25 March 14, Mahamandleshwar Shri Krishnanandji Personal Visit Law Data 2018 Law College, Bharuch Department’s Collected. (Veer Narmad South building was Gujarat University) under the premises of another department’s building
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26 March 14, Parul Institute of Law, Vadodara Personal Visit Infrastructure Data denied. 2018 (Parul University) was up to the mark. But there is doubt about the quality of staff 27 March 14, Faculty of Law, Personal Visit College Data 2018 (ITM Vocational University, received an Collected. Vadodara) approval from BCI but no admissions have been made yet. No recruitment have been done so far. 28 March 14, Faculty of Law, Vadodara Personal Visit Infrastructure Data 2018 (M. S. University) was up to the collected. mark.
29 March 15, School of Business and Law, Personal Visit Infrastructure Left 2018 (Navrachana University, Vadodara) was up to the questionnaire mark. Adequate to send it by Professional post. Staff. 30 March 15, Sheth Motilal Nyalchand Law College, Questionnaire by -- Data 2018 Patan Post Collected. (Hemchandracharya North Gujarat University)
Table 1 Brief of Field Survey
Following are the remarks made by the Heads/Principals of the legal education institutions for improvement of legal education in the state of Gujarat,
- Govt. must follow BCI guidelines for the appointment of faculties - Govt. must recruit librarian and admin staff. At present, we do not have any admin staff. - Post of librarian is vacant since 1973 - The Govt. of Gujarat must take steps to recruit qualified full time teachers in the colleges. Posts are vacant for many years - There should be compulsory hours for fixed free consultation under BCI Rules - Support for legal research is utmost required - Skill training required - Collaboration of law schools with legal services authorities
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- Adopting experimental approach towards teaching - Developing mooting culture - Collaboration with foreign universities & institutes to have global perspective of the law and legal development
After six months effort investigators got an appointment to visit office of Bar Council of India, New Delhi. Following is the experience of Ms. Swati Garg, Student Research Assistant. She got the list of 124 legal education institutions (Annexure 2) in the Gujarat against the list of 86 (Annexure 1) retrieved from website of Bar Council of India, New Delhi.
Date of Visit :- Saturday, April 21, 2018
On April 20, 2018, I called to specify the time when I should come and they asked me to come at 3 p.m. Next day, when I reached the Bar Council of India office at 3 p.m., I was disappointed to know that Mr. N. Senthil Kumar, who himself have asked me to visit on a specific day and at a specific time, is not available. Though the administrative staff was asked to help me with the required information. They provided me with the list of legal education institutions in the state of Gujarat. Thereafter, they introduced me to their Joint Secretary, Mr. Ashok Kumar Pandey, who clarified to me that though they have all the data but it has not been categorized. I am welcome to check all the files by myself and can write the same in my records. The staff though helpful, but again and again pointed that the information I require is not feasible as there are huge files. I still insisted to see the files of the legal education institutions. I was led downstairs where all the files were kept. And they brought me files one by one. The files pertaining to each legal education institutions contained information about their affiliations and request for affiliations. As the office hours were till 5, I was unable to go through more than 25 files. The visit couldn’t be successful as the person authorized Mr. N. Senthil Kumar was himself not present. I had to communicate everything with the staff. Moreover, as they themselves were that the files are huge in number, the time given to me was insufficient.
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CHAPTER 4 CONCLUSION, RECOMMENDATIONS AND DIRECTION FOR FUTURE RESEARCH
4.1 CONCLUSION
Looking at the above discussion we can see the poor condition of legal education in the state and it is applicable for other states also. LEIs have mushroomed in India like anything and number has crossed 1200 plus. BCI accredited one new school every 3rd day.83 As per statement made by Judge of Madras HC, 85% of 1200 law colleges must close. Holding BCI responsible for indiscriminate permissions given for new law colleges, the judge said that in 2010 itself Gopal Subramanium had said that the requirement of law colleges in India was only 175. At that time, the nation had only 800 colleges. However, between 2012 and 2014, the number of law colleges rose to 1,200, pointed out Justice Kirubakaran.84 Researcher could not collect the required full and complete information from LEIs, almost all were reluctant to share the same as information would have exposed them.
4.2 RECOMMENDATIONS
Followings are some recommendations to enhance legal education in the state of Gujarat.
1. Stop granting approval for more legal education institutes. 2. Introduction of common entrance exams and syllabus for all LEIs in the state. 3. Filling up the vacancies for teaching and non-teaching staff in LEIs. This is one of the biggest reasons for deteriorating legal education in the state. 4. Proper monitoring needed periodically as standard of legal education is deteriorating day by day. 5. Bar Council of India should mention statewise list of legal education institutes in India in greater details i.e. name, university, promoter, validity, adverse remarks against the institute on their website. BCI should put scanned copy of Annual Report of all LEIs on their website for greater transparency and accountability.
83 -- (2014), “BCI accredited one new law school every 3 days, as 92 new colleges mushroomed in 2014”, retrieved from https://www.legallyindia.com/lawschools/bci-accredited-one-new-law-school-every-3-days-as-92-new-colleges- mushroomed-in-2014-20150421-5834 on January 2, 2018 84 A Subramanil (2017), “85% of law colleges must close: HC”, The Times of India, October 14, 2017 retrieved from https://timesofindia.indiatimes.com/city/chennai/85-of-law-colleges-must-close-hc/articleshow/61077535.cms on December 13, 2017
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6. Each LEIs should have their own web portal which will be updated on regular basis so that one can know current details about the LEIs. 7. State Govt. should initiate dedicated web portal under the existing Gujarat Legal Education Project (GLEP) with the help of Gujarat National Law University, Gandhinagar. 8. Training programmes for law teachers. Law Teachers’ Academy can be established at Gujarat National Law University, Gandhinagar. 9. Collaboration between LEIs is need of the hour. 10. Promote Public Partner Partnership (PPP) in Legal Education in the state. 11. Training, Research and other activities under GLEP. 12. State should create post of Directorate of Legal Education assisted by District Legal Education Officer (DLEO). Please refer Figure 2
Legal Dept. Govt. of Guj
Directorate of Legal Education
District Legal District Legal District Legal Education Education Education Officer Officer Officer
Figure 3 Model on Directorate of Legal Education
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4.3 DIRECTION FOR FUTURE RESEARCH
As we can see that present research work suffers from inadequacy of data about legal education institutions in the state as well as at the national level. There is an urgent requirement of proper mechanism deal channelize the legal education in the state and in the country. There is a huge scope to do indepth analysis of LEIs in the state as well as the national level. This can only be possible with the support of state and national level authorities.
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REFERENCES Books
Durga Das Basu, Commentary on the Constitution of India, (8th edn, vol 10, LexisNexis Butterworths Wadhwa, Nagpur, 2012) 12175.
Journals
‘Globalisation and Legal Education in India’ (2012) vol. III, International Referred Research Journal. ‘Learning Objectives of Legal Education in India: A Critique’ (1991), vol. XV, Cochin University Law Review, 444. ‘Legal Education in India’ (1998) 3 SCC (Jour) 1. Jena, K.C., ‘Role of Bar Councils and Universities for Promoting Legal Education in India’, Journal of Indian Law Institute, 44(4) 2002; 565. Modi Government to Replace UGC, AICTE with One Higher Education Regular (Legal News and Views, vol. 31 no 7) 28. President Unveils Online Education Portal SWAYAM (Legal News and Views, vol. 31 no 8) 32. Prof. C. Raj Kumar, ‘Global Legal Education in India: Opportunities and Challenges’ (Halsbury’s Law, April 2009). Professional Legal Education in India: Challenges and the Way Forward (Educational Quest: An Int. J. of Education and Applied Social Sciences, vol. 7 Issue 3 2016).
Reports
Law Commission, Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 (Law Com No 184, 2002). Law Commission, Promotion of Legal Education and Research under the Advocates Act, 1961 (Law Com No 86, 2016). Law Commission, The Advocates Act, 1961 (Regulation of Legal Profession) (Law Com No 266, 2017). Ministry of Education, The Report on the University Education Commission, (December 1948- August 1949) vol. 1. National Knowledge Commission, Report of the Working Group on Legal Education (2007)
Research Papers/ Articles
‘Genesis of Legal Education’
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‘Jurists Stress Need for Online Legal Education’
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Prof.(Dr.) Jayadev Pati, ‘Clinical Legal Education, Ethics of the Profession’
Web References
‘About the Bar Council’
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STATUTES
Inspection of Universities by BCI Manual, 2010. Rules on Standards of Legal Education, 2008. The Advocates Act, 1961. The Constitution of India, 1949.
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ABOUT THE INVESTIGATORS
Dr. Akil Saiyed is the Director of Parul Institute of Law and the Dean, Law Faculty of Parul University. He did his M.Sc. (Physics), LL.M. (Business Law) and Ph.D. in the area of Public Private Partnership in Legal Education. He was the first Ph.D. holder of Gujarat National Law University, Gandhinagar. He has more than 22 years blend experience of academics, research and professional practice before the High Court of Gujarat. His multi-disciplinary profile includes experience of teaching under science, management, arts and medicine faculties at different universities. He has played an instrumental role in the establishment of several colleges in the state of Gujarat. Dr. Saiyed has four research projects to his credit and five projects continue at present. His research interest includes Public Private Partnership, Administrative Law and Educational Law. He has developed expertise in Islamic Law (Muslim Family Law) and Research Methodology. He has 12 research papers and articles published in various journals and proceedings. He has made more than 40 presentations in various national and international seminars and conferences.
Dr. Kalpeshkumar L Gupta is an Assistant Professor of Research at Gujarat National Law University, Gandhinagar. He is having combined experience of around 14 years in industry and academia. His areas of interest are Corporate Laws, General Management, Court Management, Public Policy, RTI, Law & Interdisciplinary area. He has proposed Court Management Authority Bill, 2017 and Legal Aid Index in the recent time. He worked as an Academic Associate in Business Policy Area at IIM Ahmedabad for five years.
Contact Details :-
Dr. Akil Saiyad ([email protected]) Dr. Kalpeshkumar L Gupta ([email protected], [email protected])
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ABOUT THE UNIVERSITY
GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR, GUJARAT, INDIA
Gujarat National Law University (GNLU) is the statutory university established by the Govt. of Gujarat under the Gujarat National Law University Act, 2003. The University is recognized by the Bar Council of India (BCI) and University Grants Commission (UGC) (2f & 12b). The University is also member of the Association of Indian Universities (AIU) and the University is functioning as nodal agency to uplift the legal education in the State of Gujarat.
The Objectives of the University
The GNLU Act 2003 proclaims, "shall be to advance and disseminate learning and knowledge of law and legal processes and their role in national development: to develop in the students and the research scholars sense of responsibility to serve society in the field of law by developing skills in regard to advocacy, legal services, legislation, parliamentary practice, law reforms and such other matters; to make law and legal processes efficient instruments of social development; and to
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promote inter-disciplinary study of law in relation to management, technology, international cooperation and development."
The ethos of imparting education in Gujarat National Law University comprises of a mutual endeavor of the Faculty and the students who become part of our august family after clearing the hurdle of a rigorous and strenuous selection procedure. The cream of the country finds a place amidst us. The University has been in a process of striving for academic and professional excellence in the field of legal studies in the country. The University became functional from the year, 2004. Our teaching methodology and the student response to it can be safely summarized as being par excellence. Our student fraternity has won us laurels in the various spheres of national and international moot court competitions, paper presentations and the attendant Cultural activities. We strive for an all-round and inter-disciplinary academic excellence in sync with the other National Law Schools of the country.
Since its inception the University has been holding regular in-house Moot Court competitions where-in meritorious students are sent abroad for participating in Moot Court jamborees. The hub of activity happens to be our Moot Court Committee and the Legal Aid Clinic, which have developed a workable and efficient interface with the industry and the Judiciary to the satisfaction of us all. As we persist in our academic endeavors, it won’t be an overstatement to make, that our University will become a leader in the sphere of legal education in the country. Our founding myth too objectifies the ideal of, “Let all good and noble thoughts come to us from all directions”, which is a hymn from the Rigveda. We, the fraternity of Gujarat National Law University aim at a homogenization of all trends and civilizational patterns by inculcating in our students, an appreciation of other cultures and regions of the country in all its homogeneity.
Source :-http://gnlu.ac.in/aboutus.php
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College Name Courses imparted Status Year of of approval establishment
List of Law Colleges having approval of affiliation of the Bar Council of India nd as on 22 October, 2016
GUJARAT
I. AURO UNIVERSITY OF HOSPITALITY AND MANAGEMENT, SURAT
1. School of Law, Auro University of 3 year course(120) Upto 2013-14 2012 Hospitality and Management, Surat BBA.LLB(120) Upto 2016-17 2012
II. BHAVNAGAR UNIVERSITY, BHAVNAGAR
1. Sheth H.J. Law College, Vidyanagar, 3 year course Upto 2010-11 1962 Bhavnagar
III. C.U. SHAH UNIVERSITY, SURENDRANAGAR
1. C. U. Shah College of Law, 3 year LLB(60) Upto 2014-15 2014 C.U. Shah University, Surendranagar 5 year BA.LLB(60) Upto 2014-15 2014 5 year BCom.LLB(60) Upto 2014-15 2014
IV. GUJARAT UNIVERSITY, AHMEDABAD
1. Vivekananda College of Commerce 3 year course Upto 2010-11 1968 and Law, Ahmedabad 2 Sir L.A. Shah Law College, 3 year course Upto 2016-17 1927 Ellis Bridge, Ahmedabad 3. I.M. Nanavati Law College, Lal Darwaja 3 year course Upto 2016-17 1958 4. Motilal Nehru Law College, Ahmedabad 3 year course Upto 2016-17 1961 5. Maneklal Nanavati Law College, 3 year course Upto 2016-17 1961 Ahmedabad 6. Daulatbhai Trivedi Law College, 3 year course Upto 2010-11 1966 Ahmedabad 7. Law College, Godhra 3 year course Upto 2010-11 1973 8 Sheth Dosabhai Lalchand Law College, 3 year course Upto 2010-11 1961 Bhuj(Kutch) 9. M.S. Bhagat C.S.Sonawala Law 3 year course Upto 2010-11 1961 College, Nadiad 10. Siddharth Law College, Gandhi Nagar 3 year course Upto 2008-09 1990 11. Government Law College, Ahmedabad 3 year course Upto 2014-15 2008 12. United World School of Law, 5 year BBA.LLB(120) Upto 2015-16 2014 Gandhinagar 13. L.J. School of Law, Ahmedabad, 5 year BBA LL.B(120) Upto 2015-16 2015 Gujarat 14. Kallol Taluka Kelavani Mandal 3 year LL.B (120) Upto 2015-16 2015 Sanchalit LL.B College, Kalol, Gandhinagar, Gujarat 15. Ananya Institute of Commerce & Law, 5 year BCom LLB(120) Upto 2015-16 2015 Kallol, Gandhinagar, Gujarat 16. GLS Law College, Ahmedabad, Gujarat 5 year BA LL.B(120) Upto 2015-16 2015
http://www.barcouncilofindia.org/wp-content/uploads/2010/05/latest-List-of-Law-Colleges.pdf
College Name Courses imparted Status Year of of approval establishment
17. Apollo Institution of Law, Ahmedabad, 5 year B.Com LLB(120) Upto 2015-16 2015 Gujarat 18. Shankersinh Vaghela Bapu Institute of 3 year LL.B(120) Upto 2015-16 2015 Law, Gandhinagar, Gujarat 5 year B.Com LLB(120) Upto 2015-16 2015 19. V. T. Choksi Sarvajanik Law College, 3 year LL.B(120) Upto 2015-16 2015 Surat, Gujarat 20. Samarpan School of Law, Gandhinagar, 3 year LL.B(120) Upto 2015-16 2015 Gujarat 5 year BA LL.B(120) Upto 2015-16 2015 21. Khyati Institute of Integrated Law, 5 year B.Com LL.B(120) Upto 2015-16 2015 Palodia, Ahmedabad Gujarat 22. NavGujarat Law College, Gandhinagar, 3 year LL.B(120) Upto 2016-17 2016 Gujarat
V. GUJARAT NATIONAL 5 year BA LL.B Upto 2014-15 2004 LAW UNIVERSITY, B.Com LL.B(H)(120) Upto 2015-16 2013 GANDHI NAGAR B.Sc. LL.B(H)(120) Upto 2015-16 2013 BBA LL.B(H)(120) Upto 2015-16 2013 BSW LL.B(H)(120) Upto 2015-16 2013
VI. HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY, PATAN
1. Shri S.M. Shah Law College, Mehsana 3 year LL.B(120) Upto 2016-17 1969 2. Shri N.S. Patel Law College, Modasa 3 year course Upto 2010-11 1973 3. Seth M.N. Law College, Patan. 3 year course Upto 2010-11 1973 4. Seth V.S. Law College, Unjha 3 year course Upto 2016-17 1969 5. Himmat Nagar Kelwani Mandal Law 3 year course Upto 2009-10 1989 College, Motipura, Himmat Nagar 6. Banaskantha Mercantile Co-op Bank 3 year LL.B(120) Upto 2016-17 2001 Ltd Law College, Palanpur 7. Gokul Integrated Law College, Patan, 5 year B.Com LL.B(60) Upto 2015-16 2015 Gujarat 8. Shree Sarvoday Education Foundation 3 year LL.B(120) Upto 2015-16 2015 Trust, Deesa, Gujarat 9. Gokul Law College, Patan, Gujarat 3 year LL.B(120) Upto 2016-17 2016
VII. K. S. K. VERMA KACHCHH UNIVERSITY, BHUJ – KACHCHH Upto 2007-08 2006
1. Tolani Institute of Law, Adipur (Kutch) 3 year course Upto 2011-12 2007
VIII. MAHARAJA SAYAJI RAO UNIVERSITY OF BARODA
1. Faculty of Law, M.S.University,Vadodara 3 year course Upto 2013-14 1962 5 year course Upto 2013-14 2007
IX. NAVRACHANA UNIVERSITY, VADODRA
1. School of Business and Law, 5 year BBA.LLB(int)(60) Upto 2015-16 2014 Navrachana University, Vadodra
X. NIRMA UNIVERSITY OF SCIENCE & TECHNOLOGY, AHMEDABAD
1. Institute of Law, Nirma University 5 year BA.LLB Upto 2014-15 2007 of Science & Technology, Ahmedabad 5 year B Com LLB Upto 2014-15 2010 5 year BBA.LLB(60) Upto 2013-2014 2012
XI. RAI UNIVERSITY, AHMEDABAD
1. School of Law, Rai University, 3 year LLB(60) Upto 2015-16 2014 Ahmedabad 5 year BA.LLB(60) Upto 2015-16 2014 5 year BCom.LLB(60) Upto 2015-16 2014 http://www.barcouncilofindia.org/wp-content/uploads/2010/05/latest-List-of-Law-Colleges.pdf
College Name Courses imparted Status Year of of approval establishment
XII. SARDAR PATEL UNIVERSITY, VALLABH VIDYA NAGAR
1. Anand Law College, Anand 3 year course(60) Upto 2013-14 1964 Five year BA LLB(120) Upto 2014-15 2007 Five year BBA LLB(120) Upto 2014-15 2010 2. R. N. Patel Ipcowala School of Law BA.LLB(120) Upto 2013-14 2012 and Justice, Vallabh Vidyanagar BBA.LLB(120) Upto 2013-14 2012 BCom.LLB(120) Upto 2013-14 2012 3. Shri P.M. Patel College of Law and 3 year LL.B (120) Upto 2014-15 2013 Human Rights, Anand, Gujarat 4. Anand College of Legal Studies , 3 year LL.B(120) Upto 2016-17 2016 SRKSM Campus, Anand, Gujarat 5. Vinayaka College of Law & Justice, 3 year LL.B(120) Upto 2016-17 2016 Nadiad, Gujarat
XIII. SAURASHTRA UNIVERSITY, RAJKOT
1. Law College, Junagadh 3 year course Upto 2010-11 1969 2. D.D.Kotiyawala Municipal Law College, 3 year course Upto 2014-15 1974 Porbandar (Shri Dhanjibhai D. Kotiwala Municipal Law College) 3. A.M.P. Law College, Rajkot 3 year course Upto 2010-11 1955 4. Smt. S.S. Ajmera Municipal Law College, 3 year course Upto 2010-11 1971 Gondal. 5. Shree K.P.Shah Law College, Jam Nagar 3 year course Upto 2010-11 1962 6. MSD Kotak Law College, Amreli 3 year course (120) Upto 2016-17 1997 7. K. A. Pandhi English Medium Law 3 year course Upto 2008-09 2001 College, Rajkot 8. Shri H. M. Patel Mahila Law College, 3 year LLB(120) Upto 2016-17 2003 Joshi Pura, Junagadh 9. Smt. V. D. Gardi Law College, 3 year course Upto 2014-15 1987 Surendranagar 10. H. N. Shukla College, Rajkot 5 year course Upto 2011-12 2006 11. Institute of Law and Forensic Science, 5 year course Upto 2011-12 2008 Saurastra University, Rajkot (discontinued from 2012-13) 12. Harivandana Law College, Rajkot, 3 year LL.B (120)+60=(180) Upto 2017-18 2013 Gujarat 13. Matushree Shantaben Law College, 3 year LL.B (120) Upto 2015-16 2014 Derdi, Rajkot 14. A.R. Bhatt College of Law, Una, Gujarat 3 year LL.B(120) Upto 2016-17 2015 15. T.N. Rao College of Law, Managed by 3 year LL.B(120) Upto 2015-16 2015 Savyasachi Education Trust, Rajkot, Gujarat 16. Smt. R.D. Gardi College, Rajkot, 3 year LL.B(120) Upto 2018-19 2015 Gujarat 17. S.V. Patel Law College, Rajkot, Gujarat 3 year LL.B(120) Upto 2018-19 2015 18. Smt. Prabhaben Patel B.Ed College, 3 year LL.B(120) Upto 2018-19 2015 Morbi, Gujarat 19. Gayatri Gurukrupa Law College, Amreli, 3 year LL.B(120) Upto 2015-16 2015 Gujarat 20. Law College Jamkandorna, Rajkot, 3 year LL.B(120) Upto 2015-16 2015 Gujarat 21. Guru Vandana Law College, Jamnagar, 3 year LL.B(180) Upto 2018-19 2015 Gujarat 22. Shri Atmiya Law College, Rajkot, 3 year LL.B(120) Upto 2016-17 2016 Gujarat 23. Sardar Patel Law College, Babra, 3 year LL.B(120) Upto 2016-17 2016 Gujarat 24. Grace Law College, Rajkot, Gujarat 3 year LL.B(120) Upto 2016-17 2016 25. Geetanjali Institute of Law, Rajkot, 3 year LL.B(120) Upto 2016-17 2016 Gujarat http://www.barcouncilofindia.org/wp-content/uploads/2010/05/latest-List-of-Law-Colleges.pdf
College Name Courses imparted Status Year of of approval establishment
26. Navyug Law College, Morbi, Gujarat 3 year LL.B(120) Upto 2016-17 2016 27. Balaji Law College, Rajkot, Gujarat 3 year LL.B(120) Upto 2016-17 2016 28. L. D. Dhanani Law College, Amreli, 3 year LL.B(120) Upto 2016-17 2016 Gujarat 29. Saurabh Law College, Junagadh, Gujarat 3 year LL.B(120) Upto 2016-17 2016 30. Krishna Law College, Jasdan, Gujarat 3 year LL.B(120) Upto 2016-17 2016 31. Jetpur Law College, Jetlsar, Gujarat 3 year LL.B (120) Upto 2016-17 2016
XIV. SOUTH GUJARAT UNIVERSITY, SURAT
1. V.T Choksi Sarvajanik Law College, 3 year course Upto 2010-11 1935 Surat 2. Dinshaw Daboo Law College, Navsari, 3 year course Upto 2010-11 1972 3. Maha Mandaleshwar Sri Krishnandji 3 year course Upto 2010-11 1968 Law College, Bharuah 4. Siddharth Law College, Kholwad, Kamrej 3 year course Upto 2010-11 1991 5. S.K.M. Law College, Tithal Road, Valsad 3 year course Upto 2010-11 1968
XV. VEER NARMAD SOUTH GUJARAT UNIVERSITY, SURAT
1. Department of Law, Veer Narmad South 5 year B.Com LL.B(120) Upto 2014-15 2013 Gujarat University 2. Naran Lala Law College, Navsari, 3 year LL.B(120) Upto 2015-16 2015 Gujarat 3. C. J. Patel Vidhiyadham Law College, 3 year LL.B(120) Upto 2015-16 2015 Surat Gujarat
XV. ITM VOCATIONAL UNIVERSITY, WAGHODIA, GUJARAT 2015
1. Faculty of Law, ITM Vocational 3 year LL.B(60) Upto 2016-17 2015 University, Waghodia, Gujarat 5 year BBA LL.B(H)(60) Upto 2016-17 2015
XVI. PARUL UNIVERSITY, VADODARA, GUJARAT (Mtg. dt. 22.10.16) 2016
1. Parul Institute of Law, Faculty of Law 5 year BA LL.B(120) Upto 2017-18 2016 Parul University, Vadodara, Gujarat 5 year B.Com LL.B(120) Upto 2017-18 2016 5 year BBA LL.B(120) Upto 2017-18 2016
http://www.barcouncilofindia.org/wp-content/uploads/2010/05/latest-List-of-Law-Colleges.pdf Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Gujarat National Law University, Gandhinagar. Attalika Avenue, Knowledge Corridor, Koba-Gandhinagar 382 426
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