Digital Library - Legal Education and Research Akash Verma Is Working As Library Assistant in the NLUD Library Since October, 2009

Total Page:16

File Type:pdf, Size:1020Kb

Digital Library - Legal Education and Research Akash Verma Is Working As Library Assistant in the NLUD Library Since October, 2009 Prof.(Dr.) Ranbir Singh is the Founder Vice-Chancellor of National Law University, Delhi. He has been the founder Vice-Chancellor of NALSAR, University of Law, Hyderabad from 1998 to 2008, and it was rated as the Best Law University in the Country in 2008. His contributions in redesigning legal education and innovative teaching strategies in the country has been significant. He was a member of the Legal Education Committee of the Bar Council of India. His legal writings span the areas of Jurisprudence, Human Rights etc. and he was associations with several national and international academic bodies. Presently, he is also Member of the Committee for Consultations on the Situation in Andhra Pradesh (CCSAP) Prof. (Dr.) Ranbir Singh. Vice-Chacellor, NLUD Before joining National Law University, Delhi as Professor of Law and first Registrar; he was Professor of Law and Registrar at NALSAR University of Law, Hyderabad, a leading top Law School in the country. He was closely associated with Prof. Ranbir Singh in developing and building one of the premier Institution of legal education (NALSAR University of Law, Hyderabad) and bringing as the top Law School of India in 2008, before being invited to be the first Registrar of National Law University, Delhi. Prof. (Dr.) Ghanshyam Singh Professor of Law & First Registrar NLUD Priya Rai joined NLUD Library after serving almost five year in the Indian Law Institute Library. She has about 10 years of working experience at various premiere universities libraries viz. ILI Library, GGSIP University Library (UIRC). Her area of interest is library automation, legal information retrieval and dissemination from electronic database and public domain resources. Priya Rai Assistant Librarian, NLUD Digital Library - Legal Education and Research Akash Verma is working as Library Assistant in the NLUD Library since October, 2009. He has about eight years of experience in the field of library science. Being a reference library professional, he has specialization in online legal databases; web based legal resources and online retrieval system. Akash Verma Library Assistant, NLUD II II NNAATIONTIONALAL LLAAWW UNIVERSITUNIVERSITYY PRESSPRESS D E L H I http://nludelhi.ac.in DIGITAL LIBRARY— LEGAL EDUCATION AND RESEARCH Editors Prof. (Dr.) Ranbir Singh Vice Chancellor, National Law University Delhi Prof. (Dr.) Ghanshyam Singh Professor of Law & Registrar, National Law University Delhi Priya Rai Assistant Librarian, National Law University Delhi & Akash Verma Library Assistant, National Law University Delhi i First Published NLUD 2010 © NLUD National Law Univeristy, Delhi Sector – 14, Dwarka, New Delhi – 110 078 www.nludelhi.ac.in All rights reserved. No part of this publication may be reproduced in any form without the permission of the Vice Chancellor, National Law University, Delhi. Exclusive Distributor: M\s. Mohan Law House S#2 Subway, Supreme Court of India, Bhagwan Dass Road, New Delhi-110001. India. 91-11-23077000, 23383381, 23389392 www.mohanlawhouse.com E-mail: [email protected] The Publishers shall be obliged if any such error or omission is brought to their notice for possible correction in a future edition. In the case of binding defect, misprint, missing pages, etc., the publishers’ liability is limited to replacement of the defective copy within one month of its purchase by a copy of the same edition or reprint. All dispute are subject to the jurisdiction of competent courts in Delhi. Printed at Wadhwa International, New Delhi Cover Design©NLUD Designed by Uday Bhaskar ii Dedicated to Prof. (Dr.) Ghanshyam Singh Professor of Law and First Registrar of National Law University, Delhi iii iv MESSAGE Message Message “[L]aw is a science, and … all the available materials of that science are contained in printed books… We have also constantly inculcated the idea that the library is the proper workshop of professors and students alike; that it is to us all that the laboratories of the university are to the chemists and physicists, the museum of natural history to the zoologists, the botanical garden to the botanists.” Christopher Columbus Langdell, Dean of Harvard Law School, 1887 You are the change agent....... Legal Education in India has undergone a paradigm shift in the last two decades. The option to study Law is by choice rather than by chance, is the essence of this shift. It is not because of one but many factors. The effort of the legal fraternity to establish focused Universities of Law is the trigger. The Law Universities provide new choice of a career which not only empowers young minds to take up social causes but also the opportunities present in a growing globalized world. The success can be attributed to the intellectual contribution by the Judiciary and the Legal fraternity and the State Government for providing necessary infrastructure and financial support. The growth has the contribution of a new breed of faculty who are committed and multifaceted in their approach. Legal education is in for exciting times and yet faces major challenges: to measure up to the huge expectations of the younger generation, to design contemporary curriculum for preparing lawyers for emerging challenges, to solve existing challenges and to compete with international law schools. All these challenges are not insurmountable. What is required, is a clear vision and most importantly a belief that it could be achieved. Law school has two functions: It aims by the case method of instruction to train its students so that they may become successful practitioners in their chosen profession. It should also aim, though only few schools have recognized this obligation, to aid in improving the law by scientific and analytical study of existing laws, by comparative study of the jurisprudence of other countries, by criticism of defects and suggestion for improvement in the administration of law and in methods of legislation, and by relating law to other institutions of human society. It is the duty of a law school to emphasize through research and publication by its faculty and through the character of its instruction, this broader base of legal education, apart from imparting merely professional training. The key to that success is the young aspirant-YOU- who desire to join this University. The transformation of your mind with its limitless potential will make v vi MESSAGE this University a class of its own. The University is designed and will be constantly redesigned to address the social, political and economic needs. This University will aspire to do things differently than doing different things. It is possible only if -YOU- share the dream and passion to achieve it. It is not just YOU-but your parents and other family members who should be with you in this dream. Procuring an admission in this University is not the achievement but to sustain the goal, learn and unlearn in the journey, to practice the profession with highest ethical standards and to involve pro-actively in the issues facing the society, is the real achievement. The law programme is just a fuel to ignite the fire in YOU. The information society development demands to re-define the position and objectives of all the institutions which work with information, knowledge, and culture. The situation is changing. Libraries have been identified as one of the key elements for open access to information, which is crucial to democratic information society development. Libraries are catalysts for human progress as they aid the development and transmission of knowledge and culture, foster civic awareness in support of democracy, and provide the resources for the development of economic productivity and innovation in society. In fact, the state of a nation’s libraries is a major leading indicator of its future economic and human development. More specifically, libraries: (a) Make significant contributions to formal and informal education, including lifelong learning and various forms of literacy by providing facilities, resources and services designed to ensure access to relevant information in appropriate formats, language, content and contexts; (b) Ensure social inclusion and cohesion by providing access to information and knowledge to all women, men and children. This critical access when used by the disadvantaged - such as the poor, the elderly, the disabled, and the unemployed - form the foundation of poverty reduction, since information poverty is often the root cause of economic poverty; (c) Preserve and promote cultural heritage and diversity, and foster mutual understanding and respect among cultures and peoples; (d) Create citizen awareness and engender social values for democratic governance and traditions, by opening multiple windows to the world and its alternate possibilities through their collections, facilities and programmes; and (e) Harness information and knowledge for economic development through professional processing, storage and dissemination to stimulate innovation and human capacity for efficiency and productivity. Prof. (Dr.) Ranbir Singh Vice-Chancellor, National Law University, Delhi Message True education releases capacities, develops analytical abilities, confidence in oneself, will-power and goal setting competencies, and instills the vision that will enable one to become self-motivating agent of social change, serving the best interests of the community. National Law University, Delhi, established by Act 1 of 2008 of National Capital Territory of Delhi and started functioning in the same year, the first of 80 students joined in August, 2008. NLUD shares the broader vision of providing quality legal education in order to produce new generation of lawyers that are competent and humane. The academic curriculum is designed to enable the budding lawyers to deal with equal ease, the legal system of the country as well as the legal systems of the world in order to meet the challenges facing the global society. The University ensures to endeavor to bridge the wide gap between the theory and practical application of concepts through a learning process which is simulative, participative and multi-disciplinary. NLUD will ignite and nurture the spirit of inquiry.
Recommended publications
  • Hon'ble Mr Justice Mohammad Tahir Administrative Member: 51 to 97 to Be Adjourned by the Tribunal Officer As Per SOP Note : S.No
    THE ARMED FORCES TRIBUNAL, REGIONAL BENCH CHANDIGARH CAUSE LIST FOR THE HEARING BY VIDEO CONFERENCING AS ON 10 SEP 2020 Judicial Member: Hon'ble Mr Justice Mohammad Tahir Administrative Member: Hon'ble Lt Gen CA Krishnan (Retd) Note: 10:30 AM onwards NOTE : 01 to 50 FRESH CASES Serial 01 to 03 - Covered with Balbir Singh Turn Serial 04 to 22 - For Single opportunity Notice Serial 23 to 50 - For Notice 50A MA for suspension of sentence and quash SGCM Note : Cases Ser 1 to 50A to be heard through video conferencing and Scheduled Cases from Ser No 51 to 97 to be adjourned by the Tribunal Officer as per SOP Note : All concerned counsels/ parties shall download Microsoft teams App on their laptop/mobile phones and shall login atleast 15 minutes prior to comencement of hearing through video conferencing S.No Case No. Petitioner Respondent Counsel for Counsel for Case Wing Petitioner Respondent A = Army AF = Air Force N = Navy CASES SERIAL 01 TO 50A TO BE HEARD THROUGH VIDEO CONFERENCING 1 OA 640 of 2020 Tilak Raj Chauhan Union of India Lt Col SN Sharma Mr AS Thakur CGC A and others (Retd) 2 OA 675 of 2020 Balbir Singh Union of India Mr Surinder Mr Vaibhav Prashar, A and others Sheoran and Mr CGC VK Bawa 3 OA 715 of 2020 Lila Dhar Union of India Mr Surajmal Mr Vikram Bajaj, Sr A and others Kundu PC 4 OA 491 of 2020 Ex HFL Vijay Kumar Union of India Mr Navdeep Mr KC Sahu, Sr PC AF Gupta and others Singh 5 OA 516 of 2020 Col Bhup Singh Union of India Mr Navdeep Mr Satyawan A Ahlawat (Retd) and others Singh Ahlawat Sr PC 6 OA 517 of 2020 Col Surjit
    [Show full text]
  • All Mixed up About Mixed Questions
    The Journal of Appellate Practice and Process Volume 7 Issue 1 Article 7 2005 All Mixed Up about Mixed Questions Randall H. Warner Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Jurisprudence Commons, and the Rule of Law Commons Recommended Citation Randall H. Warner, All Mixed Up about Mixed Questions, 7 J. APP. PRAC. & PROCESS 101 (2005). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol7/iss1/7 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. THE JOURNAL OF APPELLATE PRACTICE AND PROCESS ARTICLES ALL MIXED UP ABOUT MIXED QUESTIONS* Randall H. Warner** I. INTRODUCTION "Elusive abominations."' Among the countless opinions that wrestle with so-called "mixed questions of law and fact," one from the Court of Claims best summed up the problem with these two words. The Ninth Circuit was more direct, if less poetic, when it said that mixed question jurisprudence "lacks clarity and coherence."2 And as if to punctuate the point, Black's Law Dictionary offers a definition that is perfectly clear and perfectly circular: "A question depending for solution on questions of both law and fact, but is really a question3 of either law or fact to be decided by either judge or jury." * © 2005 Randall H. Warner. All rights reserved. ** The author is an appellate lawyer with the Phoenix firm of Jones, Skelton & Hochuli, PLC.
    [Show full text]
  • Public Domain Information Resources
    CHAPTER 4 PUBLIC DOMAIN INFORMATION RESOURCES Chap. 4—Public Domain Information Resources UNESCO Recommendation on Promotion and use of Multilingualism and Universal Access to Cyberspace provides the following definition: “Public domain information refers to publicly accessible information, the use of which does not infringe any legal right, or any obligation of confidentiality. It thus refers on the one hand to the realm of all works or objects of related rights, which can be exploited by everybody without any authorization, for instance because protection is not granted under national or international law, or because of the expiration of the term of protection. It refers on the other hand to public data and official information produced and voluntarily made available by governments or international organizations.1” 4.1 PARLIAMENTARY DEBATES Parliamentary Debate is a recording of conversation of parliamentarians of a nation to discuss over agenda, proposed legislations and other developmental programmes. It is treated as primary legal literature and very useful for legal research scholars. While tracing the origin of legislation, it is quite useful to refer parliamentary debates of parliamentarians over the bill or proposed legislations. ONLINE ACCESS OF PARLIAMENTARY DEBATES Parliament of India Debates http://164.100.47.132/LssNew/Debates/debates.aspx United States of America Senates Debates http://www.house.gov/ 1. Uhlir, Paul F, Policy Guidelines for the Development and Promotion of Governmental Public Domain Information, Paris: UNESCO, 2004. 37 38 CHAP. 4—PUBLIC DOMAIN INFORMATION RESOURCES UK House of Commons & House of Lords Debates (Hansard) http://www.publications.parliament.uk/pa/pahansard.htm 4.2 LEGISLATION A Legislation or Statute is a formal act of the Legislature in written form.
    [Show full text]
  • Thematic Moot Court
    Thematic Moot Court: Brief Notes and Materials Part I (Units 1 to 3) Elias N. Stebek St. Mary’s University College, Faculty of Law Sponsored by Justice and Legal System Research Institute Addis Ababa, Ethiopia September 2009 JUSTICE AND LEGAL SYSTEM RESEARCH INSTITUTE Thematic Moot Court: Brief Notes and Materials Elias N. Stebek St. Mary’s University College, Faculty of Law General Introduction (pages 1-4) Part I (pp. 5-132) Part II (pp. 133- 253) ii Thematic Moot Court: Brief Notes and Materials (September 2009) Contents Page Contents ................................................................................................................... iii Preface ...................................................................................................................... vi General Introduction ................................................................................................ 1 Part I – Moot Court: Purposes, Preparation and Briefs Overview .................................................................................................................. 5 Unit 1- Learning and Competitive Aspects of Moot Court 1.1- Specific Learning Outcomes ................................................................................. 6 1.2- Unit Introduction .................................................................................................... 6 1.3- Tasks: Week 1 ........................................................................................................... 9 1.4- Readings: Week 1 Reading 1: Introductory
    [Show full text]
  • (CIVIL) NO. 1232 of 2017 Swapnil Tripathi ….. Peti
    1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 1232 OF 2017 Swapnil Tripathi ….. Petitioner(s) :Versus: Supreme Court of India ....Respondent(s) WITH WRIT PETITION (CIVIL) NO. 66 OF 2018 Indira Jaising …..Petitioner(s) :Versus: Secretary General & Ors. ....Respondent(s) AND WRIT PETITION (CIVIL) NO. 861 OF 2018 Mathews J. Nedumpara & Ors. ….. Petitioner(s) :Versus: Supreme Court of India & Ors. …..Respondent(s) AND WRIT PETITION (CIVIL) NO. 892 OF 2018 Centre for Accountability and Systemic Change & Ors. ….. Petitioner(s) :Versus: Secretary General & Ors. …..Respondent(s) 2 J U D G M E N T A.M. Khanwilkar, J. 1. The petitioners and interventionists, claiming to be public spirited persons, have sought a declaration that Supreme Court case proceedings of “constitutional importance having an impact on the public at large or a large number of people” should be live streamed in a manner that is easily accessible for public viewing. Further direction is sought to frame guidelines to enable the determination of exceptional cases that qualify for live streaming and to place those guidelines before the Full Court of this Court. To buttress these prayers, reliance has been placed on the dictum of a nine-Judge Bench of this Court in Naresh Shridhar Mirajkar and Ors. Vs. State of Maharashtra and Ors.,1 which has had an occasion to inter alia consider the arguments of journalists that they had a fundamental right to carry on their occupation under Article 19(1)(g) of the Constitution; that they also had a right to attend the proceedings in court under Article 19(1)(d); and that their right 1 (1966) 3 SCR 744 3 to freedom of speech and expression guaranteed under Article 19(1)(a) included their right to publish a faithful report of the proceedings which they had witnessed and heard in Court as journalists.
    [Show full text]
  • Theorizing Legal Needs: Towards a Caring Legal System
    Theorizing Legal Needs: Towards a Caring Legal System Benjamin Miller A thesis submitted to the Faculty of Graduate and Postdoctoral Studies in partial fulfillment of the requirements for the MA degree in Political Science School of Political Studies Faculty of Social Sciences University of Ottawa Ottawa, Canada 2016 2 Table of Contents Table of Contents Abstract...................................................................................................................................... 5 Acknowledgements .................................................................................................................... 6 Introduction ................................................................................................................................ 7 The Ethics of Care: An Introduction ........................................................................................ 8 Plan of the Work ....................................................................................................................11 Method & Conceptual Framework .........................................................................................12 Practical Value ......................................................................................................................15 Prima Facie Issues ................................................................................................................15 Chapter 1: Legal Needs ............................................................................................................18
    [Show full text]
  • European Final of the European Moot Court Competition Takes Place at the Court of Justice of the European Union in Luxembourg on 5 April
    Court of Justice of the European Union PRESS RELEASE No 47/19 Luxembourg, 4 April 2019 Press and Information All European Final of the European Moot Court Competition takes place at the Court of Justice of the European Union in Luxembourg on 5 April The European Law Moot Court Competition is the world’s largest Moot Court in EU Law. Organised for the first time during the 1988-1989 academic year, this competition, which this year celebrates its 30th anniversary, has as its primary objective the promotion of practical knowledge of EU law amongst law students. Law students, who have already made their way through a tough selection of around 80 teams since September 2018 when the European Law Moot Court Competition was launched, will plead on 5 April before panels composed of Members of the Court of Justice and the General Court of the European Union. The competing teams represent eight universities from different countries. They won their respective Regional Finals which were held in February 2019 in Ljubljana (Slovenia), Madrid (Spain), Florence (Italy) and Athens (Greece). Students from all EU member states participated in the competition. Those who participated in the Regional Finals also included students from non-EU countries, notably the USA, Switzerland, Norway, Ukraine and Russia. The final is the last stage of this competition, which has been held at the Court of Justice since 1991. Unofficial document for media use, not binding on the Court of Justice. Press contact: Corina Gabriela Socoliuc (+352) 4303 4293 www.curia.europa.eu .
    [Show full text]
  • S.No. Registration No Application No Name of Applicant's Father
    Registration Application S.No. Name of Applicant's Father Programme/Course Gender Category No No 1 2020030425 2123511203 AASHISH PATEL GANESH PRASAD PATEL PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Male OBC 2 2020001224 2093511030 ABHISHEK KUMAR SINGH JITENDRA SINGH PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Male EWS 3 2020030700 2123511256 ABHISHEK PATHAK SHIVDHANI PATHAK PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Male GEN 4 2020003708 2123511108 AJEET KUMAR TIWARI VIRENDRA TIWARI PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Male GEN 5 2020000568 2063511009 AKANKSHA TIWARI TEJBAHADUR TIWARI PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Female GEN 6 2020003841 2103511113 AKHILESH KUMAR AZAD LAL BABU SAFI PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Male SC 7 2020002605 2123511072 ANKIT SAHAY CHANDRAMA PRASAD LAL PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Male EWS 8 2020003543 2123511102 ANKITA GOSWAMI HIRENDRA NATH GOSWAMI PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Female OBC 9 2020001504 2063511050 ANUBHA GHOSHAL DEBAPRIYO GHOSHAL PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Female GEN 10 2020030731 2123511285 ANUPAMA SINGH RAKESH SINGH PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Female GEN 11 2020002641 2013511087 ANURAG KINDO ABNEZAR KINDO PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Male ST 12 2020006861 2063511187 ANUSHKA SINGH MR. ANIL SINGH PHD IN ANCIENT INDIAN HISTORY, CULTURE & ARCHAEOLOGY Female GEN 13 2020001654 2063511038 ARCHANA
    [Show full text]
  • P.C.S (Judicial Branch) Preliminary Examination - 2015 Roll No Wise List S.No
    P.C.S (JUDICIAL BRANCH) PRELIMINARY EXAMINATION - 2015 ROLL NO WISE LIST S.NO. ROLL NO CANDIDATE'S NAME FATHER'S NAME CATEGORY CATEGORY NO. OF QUESTION MARKS CODE CORRECT WRONG BLANK (OUT OF 500) 1 25001 NAIB SINGH SANGHA GURDEV SINGH 72 ESM,Punjab 48 77 130.40 2 25002 NEELAM RANI OM PARKASH 71 General 45 61 19 131.20 3 25003 AMNINDER KUMAR KASHMIRI LAL 72 ESM,Punjab 32 26 67 107.20 4 25004 RAJINDER SINGH SANGAT SINGH 72 ESM,Punjab 56 69 168.80 5 25005 PREETPAL SINGH GREWAL HARWANT SINGH GREWAL 72 ESM,Punjab 41 58 26 117.60 6 25006 NARENDER SINGH DAULATS INGH 86 BC ESM,Punjab 53 72 154.40 7 25007 RISHI KUMAR MANPHOOL RAM 71 General 65 60 212.00 8 25008 HARDEEP SINGH GURDAS SINGH 81 Balmiki/Mazhbi Sikh,Punjab 52 73 149.60 9 25009 GURCHARAN KAUR MADAN LAL 85 BC,Punjab 36 88 1 73.60 10 25010 NEELAMUSONDHI SAT PAL SONDHI 71 General 29 96 39.20 11 25011 DALVIR SINGH KARNAIL SINGH 71 General 44 24 57 156.80 12 25012 KARMESH BHARDWAJ S L BHARDWAJ 71 General 99 24 2 376.80 13 25013 ANIL KUMAR GILL DURGA DASS 81 Balmiki/Mazhbi Sikh,Punjab 61 33 31 217.60 14 25014 MANINDER SINGH TARA SINGH 72 ESM,Punjab 31 19 75 108.80 15 25015 DEVINDER KUMAR MOHINDER RAM BHUMBLA 72 ESM,Punjab 25 10 90 92.00 16 25016 VIKAS GIRDHAR KHARAITI LAL GIRDHAR 72 ESM,Punjab 34 9 82 128.80 17 25017 RAJIV KUMAR GOYAL BHIM RAJ GOYAL 71 General 45 79 1 116.80 18 25018 NACHHATTAR SINGH GURMAIL SINGH 77 SC Others,Punjab 80 45 284.00 19 25019 HARJEET KUMAR RAM PARKASH 81 Balmiki/Mazhbi Sikh,Punjab 55 70 164.00 20 25020 MANDEEP KAUR AJMER SINGH 76 Physically Handicapped,Punjab 47 59 19 140.80 21 25021 GURDIP SINGH JAGJIT SINGH 72 ESM,Punjab --- --- --- ABSENT 22 25022 HARPREET KANWAR KANWAR JAGBIR SINGH 85 BC,Punjab 83 24 18 312.80 23 25023 GOPAL KRISHAN DAULAT RAM 71 General --- --- --- ABSENT 24 25024 JAGSEER SINGH MODAN SINGH 85 BC,Punjab 33 58 34 85.60 25 25025 SURENDER SINGH TAXAK ROSHAN LAL TAXAK 71 General --- --- --- ABSENT PAGE NO.
    [Show full text]
  • The Transformation of Indian Legal Education a Blue Paper
    HARVARD LAW SCHOOL PROGRAM ON THE LEGAL PROFESSION THE TRANSFORMATION OF INDIAN LEGAL EDUCATION A Blue Paper N.R. Madhava Menon Authored by N.R. Madhava Menon Published by the Harvard Law School Program on the Legal Profession © 2012 by the President and Fellows of Harvard College. All rights reserved. Harvard Law School Program on the Legal Profession 23 Everett Street, G24 Cambridge, MA 02138 617.496.6232 law.harvard.edu/programs/plp Table of Contents TABLE OF CONTENTS Foreword ...............................................................................................................................................4 The Transformation of Indian Legal Education........................................................................................5 About the Author ...................................................................................................................................9 The Transformation of Indian Legal Education 3 Foreword FOREWORD The Law School Program on the Legal Profession was founded in 2004 to: Conduct, sponsor and publish world-class empirical research on the structure, norms and evolutionary dynamics of the legal profession; Innovate and implement new methods and content for teaching law students, prac- ticing lawyers and related professionals about the profession; and Foster broader and deeper connections bridging between the global universe of le- gal practitioners and the academy This manuscript by Professor N.R. Madhava Menon is part of a “blue paper” series of substantial essay, speech and opinion pieces on the legal profession selected by the program for distribution beyond the format or reach of traditional legal and scholarly media channels. Specifically, this text formed the basis for a keynote address delivered by Professor Menon at the program’s conference, The Indian Legal Pro- fession in the Age of Globalisation, held in October 2011 in New Delhi, India. We thank you for your interest and look forward to your feedback.
    [Show full text]
  • Rethinking the Boundaries of the Sixth Amendment Right to Choice of Counsel
    RETHINKING THE BOUNDARIES OF THE SIXTH AMENDMENT RIGHT TO CHOICE OF COUNSEL I. INTRODUCTION Criminal defense is personal business. For this reason, the Consti- tution’s ample procedural protections for criminal defendants are writ- ten not just to provide a fair trial, but also to put the defendant in con- trol of his own defense. Courts and commentators alike have rec- ognized that the constitutional vision of liberty requires not only protection for the accused, but also the right of the accused to speak and act for himself.1 The Sixth Amendment also reflects the common understanding that the assistance of counsel can be crucial — even necessary — to effective defense,2 but its language and structure nev- ertheless make clear that the rights and their exercise belong to the de- fendant himself, not his lawyer.3 The right to the assistance of counsel has many facets, but its most ancient and fundamental element is the defendant’s right to counsel of his own choosing. Indeed, the Supreme Court has identified choice of counsel as “the root meaning of the constitutional guarantee.”4 Yet ac- tual choice-of-counsel doctrine gives the state broad authority to inter- fere with the exercise of this right. For example, a defendant may not choose an advocate whose representation creates a potential conflict of interest for the defendant, even if the defendant knowingly and intelli- gently waives any objection to the potential conflict,5 and a defendant has no right to be represented by an advocate who is not a current member of a state bar association.6 The remedy for a choice-of- ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 See, e.g., Faretta v.
    [Show full text]
  • The Development of Indian Legal Education: the Impact of the Language Problem
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1969 The Development of Indian Legal Education: The Impact of the Language Problem Julius G. Getman Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the International and Comparative Education Commons, and the Legal Education Commons Recommended Citation Getman, Julius G., "The Development of Indian Legal Education: The Impact of the Language Problem" (1969). Articles by Maurer Faculty. 1900. https://www.repository.law.indiana.edu/facpub/1900 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. 1969] INDIAN LEGAL EDUC. LANGUAGE PROBLEM 513 THE DEVELOPMENT OF INDIAN LEGAL EDUCATION: THE IMPACT OF THE LANGUAGE PROBLEM JuLius G. GETMAN * Professor of Law Indiana University T HE legal profession in India has a proud heritage. In the earliest days of the independence movement and during the creation of the Indian Constitution, lawyers played a prominent role among those seeking social progress. But in recent years pride in the heritage has given way to concern about the present and alarm for the future by responsible officials. There has been a growing concern that Indian lawyers are not now playing a positive role in India's development. Rather, when in private practice, they are acting in the main as technical assistants to parties interested in manipulating or avoiding the impact of existing laws and legislation.
    [Show full text]