Law and Legal Education in India: Some Observations

Law is a form of Social Science. Society and law are closely related to each other. Law tells the nature to live the social life and this also increases with the Economic, Scientific and Technological progress. Law also changes with Social Changes and plays an important role in the fulfillment of Social Needs, so for the fulfillment of social need, there is a provision by constitutional amendment and this is the responsibility of judiciary that law which violates the constitutional provisions, public interests and fundamental rights should be declared void. Legal reforms have been at the centre of the agenda for strategizing gender justice in India.Uniform Civil Code is merged in the Article- 44 by Indian Constitution as a results of social change. It signifies a uniform code of conduct without cast, religion, parentage, community and cultural recognition for all citizens of country and also Artical-21 ‘Protection of life and personal liberty’ as a results of social change. In this article new prison jurisprudence right to Speedy Trial, Right to Free Legal Service, Right to Human Dignity, Right Against Torture have been made some of the components of the fundamental rights. Law is a medium through which social objects can be achieved. So, change of law is must with social changes, otherwise law will be of no value. Law is rooted in social institutions, in socio-economic network. These social factors influence the course of law or the direction of legal change. This is the outcome of personal and social interactions which are variable and often unpredictable. At the same time, law may itself change norms in various way. For example, in free India, legal abolition of untouchability is an attempt to change a long-standing social norm. Yet it has not succeeded much due to inadequate social support. Thus there is a reciprocal relationship between law and society. The term ‘social change’ is also used to indicate the changes that take place in human interactions and inter-relations. Society is a ‘web-relationship’ and social change obviously means a change in the system of social relationship where a social relationship is understood terms of social processes and social interactions and social organizations. Thus, the term, ‘social change’ is used to indicate desirable variations in social institution, social processes and social organization. It includes alterations in the structure and the functions of the society. Closer analysis of the role of law vis-à-vis social change leads us to distinguish between the direct and the indirect aspects of the role of law. 1. Law plays an important indirect role in regard to social change by shaping have a direct impact on society. For example: A law setting up a compulsory educational system. 2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner constituting a direct relationship between law and social change. For example: A law designed to prohibit polygamy. Law plays an agent of modernization and social change. It is also as and indicator of the nature of societal complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age old panchayat system, the abolition of the abhorables practices of untouchability, child marriage, sati dowry, etc are typical illustrations of social change being brought about in the country trough law5. Law is an effective medium or agency, instrumental in bringing about social change in the country or in any region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in the societal structure and relationships and continues to be so. As of today, the decisions of the Court are not just being tested on the touch stone of social justice, but indeed they are being cited of as precursors to ‘social rights’. The Court has pro-actively and vigorously taken up to cause of social justice and has gone to the extent of articulating newer social rights such as the right to food, right to health, right to education Thus, the march of law is clearly in favour of Supreme Court having performed a pro-active role in social change of the languishing masses. It certainly has acted as a catalyst in the process of social transformation of people wherein the dilution of caste inequalities, protective measures for the weak and vulnerable sections, providing for the dignified existence of those living under unwholesome conditions, etc, are the illustrious examples in this regards. Social change involves an alteration of society; its economic structure, values and beliefs, and its economic, political and social dimensions also undergo modification. However, social change does not affect all aspects of society in the same manner. While much of social change is brought about by material changes such as technology, new patterns of production, etc, other conditions are also necessary. For example, like we have discussed it before, legal prohibition of untouchability in free India has not succeeded because of inadequate social support. Nonetheless, when law cannot bring about change without social support, it still can create certain preconditions for social change. Moreover, after independence, the Constitution of India provided far-reaching guidelines for change. Its directive principle suggested a blue-print for a new nation. The derecognizing of caste-system, equality before the law, and equal opportunities for all in economic, political and social spheres were some of the high points of the Indian Constitution. Some areas where law has given the influence for social change are: 1. Area of agrarian reform policy and legislation; 2. Area of implementation of untouchability abolition law; 3. The normative aspects of employment and educational reservation for the scheduled castes and scheduled tribes under the Constitution; 4. The allied field of abolition of bonded labour; 5. The problem of substantive impact of changes in the family law marriage, equal rights of women to inheritance and dowry For purposes of constitutional competence, these actions are characterized as those coming under the writ jurisdiction of the Supreme Court of India under Article 32 of our Constitution and the various High Courts, under Article 226. The traditional extent of writ jurisdiction was of course a colonial inheritance from the British-era and the remedies that could be invoked were those of habeas corpus, quo warranto, mandamus, prohibition and certiorari. However, the Indian Courts have pushed the boundaries of constitutional remedies by evolving the concept of a ‘continuing mandamus’ which involves the passing of regular directions and the monitoring of their implementation by executive agencies. In addition to designing remedies for ensuring that their orders are complied with, the Courts have also resorted to private law remedies such as injunctions and ‘stay’ orders in Public Interest Litigation (PIL) matters. The Supreme Court of India has been able to shape appropriate remedies for a variety of situations on account of the wide discretionary powers for granting constitutional remedies that have been conferred on it as per the language of Article 32 of the Constitution. Furthermore, under Article 141 of the Constitution of India, the Supreme Court’s rulings are considered to be the ‘law of the land’ and become binding precedents for all courts and tribunals in the country’s legal system. Hence, the Supreme Court’s decisions in Public Interest Litigation (PIL) matters have progressively shaped a unique jurisprudence that gives due weight age to the interests of the underprivileged and backward sections in society. A significant consequence of this is that creative remedies designed for particular fact-situations come to be widely reported to by Courts all over the country. In this way, the rulings given in PIL cases create an active judicial dialogue within the whole legal system. Bihar Legal Support Society v. The Chief Justice of India & Ors: “The majority of the people of our country are subjected to this denial of ‘access to justice’ and overtaken by despair and helplessness, they continue to remain victims of an exploitative society where economic power is concentrated in the hands of a few and it is used for perpetuation of domination over large masses of human beings…… The strategy of public interest litigation has been evolved by this Court with a view to bringing justice within the easy reach of the easy reach of the poor and disadvantaged sections of the community.” Keshavananda Bharati v. State of Kerala.  By a narrow majority of 7-6 it was ruled that Parliament’s power of amendment was not absolute and it could not amend the ‘Basic structure’ of the Constitution, which in the opinion of the judges consisted of elements such as democracy, rule of law, secularism, separation of powers and judicial review.9 The said decision did not curry favour with the Indira Gandhi-led government of the day and three of the judges who ruled for the majority were superseded in the matter of appointment to the position of Chief Justice of India in 1973. Nevertheless, the decision had given a clear signal in defense of judicial independence. People’s Union for Civil Liberties v. Union of India, where the Court sought to ensure compliance with the policy of supplying mid-day meals in government-run primary schools. The mid-day meal scheme had been launched with much fanfare a few years ago with the multiple objectives of encouraging the enrolment of children from low-income backgrounds in schools and also ensuring that they received adequate nutrition. However, there had been widespread reports of problems in the implementation of this scheme such as the pilferage of foodgrains. As a response to the same, the Supreme Court issued orders to the concerned governmental authorities in all States and Union Territories, while giving elaborate directions about the proper publicity and implementation of the said scheme. Conclusion Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalized in legislation, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. The legal response to a given social or technological problem is therefore in itself a major social action which may aggravate a given problem or alleviate and help to solve it. Reference # Korotayev, Andrey (2004). World Religions and Social Evolution of the Old World Oikumene Civilizations: A Cross-cultural Perspective (First ed.). Lewiston, New York: Edwin Mellen Press. ISBN 0-7734-6310-0. p. no1-8. # “Family Law And Religion -The Indian Experience” 10 Feb. 2009 p. no 1-23. # New York University Review of Law and Social Change, 13, 1-50. # Law & Society Review, 1977 p. no. 571 – 588. # Freiberg, P. (1991, January). The guru of prevention calls for social change. APA Monitor, pp. 28-29. # West Roman Empire in the 4th and 5th cent. and lasted into the 15th cent., i.e., into the period of the Renaissance. The ideas and institutions of western civilization derive largely from the turbulent events of the Early Middle Ages and the rebirth of culture in the later years. # timeline after the middle Ages. Modern history can be further broken down into the early modern period and the late modern period. Contemporary history describes the span of historic events that are immediately relevant to the present time. # Liberty and Social Relatives”, 1979 p. no. 85-104. # Northern Rhodesia”, 1959 p. no. 318-319 ******************************* Lecturer in Law, Nandini Nagar Vidhi Mahavidyalaya Nawabganj, Gonda (U.P) . AIR 1987 SC 38. . (1973) 4 SCC 225 . . (2007) 1 SCC 728. In an address to the Harvard Law School community, Dean Martha Minow offered a survey of "The Past, Present, and Future of Legal Education: HLS and Beyond.” Minow called the present “a time of innovation and a time of renewal” in legal education. She described the development of the study of law internationally in recent years, and cited the creation of new law schools in India and China and a revamped legal study program at McGill University in Canada as evidence of increasing interest in the globalization of legal education. Identifying the multiple goals of law schools, Minow said, “We want pure academic inquiry. We also want to engage critique of law as it operates in society, and we also want to assist a profession that is itself caught between doing well and doing good—serving the haves and the have-nots.”  Click here to download a copy of Dean Minow's prepared text.   Watch the webcast: Click to Play Minow identified three historical stages that legal education in the United States has gone through—a period prior to the Industrial Revolution in which lawyers were primarily trained through apprenticeship, a period that began in the 19th century in which Harvard led the charge to create a systematized, university-based approach to legal education dominated by the case method, and the period from 1935 through 2003 in which law schools added many electives but kept the common law at the core of the curriculum and the case method. Minow went on to talk about legal education today, describing curricular reforms that HLS began exploring in 2003, culminating in the school’s revamped curriculum in 2007, which includes new required courses for first-year students in international law, legislation and regulation, and starting this year after two years of pilot versions, the first year Problem Solving Workshop. She also noted that the recent financial crisis has accentuated the need for  “lawyers who have long-term and systemic thinking capacity about risk, regulation, and institutional design.”  She concluded with a discussion of her views on where legal education is headed in the near future.  She predicted that lawyers will have opportunities to play new and important roles in response to dramatic economics, technological, and social changes presented by new communications technologies, new biological and bio-technology research, and globalization. They will deal with: integrating economies; legal and professional services; biological and computer viruses, cultural trends fostered through world-wide networks of exchange; resource scarcity and global climate change; and mass migrations of people, due to economic, political, and environmental changes. Law students and lawyers will be aided by new knowledge about the way adults learn;  they will be challenged by new financial pressures on graduates and on institutions. The “value proposition” confronting all of higher education in the United States is itself under pressure, Minow said, especially given global competition and new digital technologies. Law schools have opportunities to emphasize a comparative advantage in equipping leaders to tackle large and complex problems. Minow said that in reviewing their business models, law schools should consider how their educational mission itself could be even more closely connected to meeting society’s most pressing challenges—such as corporate governance, the governance of the Internet, access to legal services, energy and environmental regulation, and strengthening the rule of law in fragile societies. Members of the HLS faculty are at work on these problems, she said but the school should explore new ways in which law students can more fully participate in advanced work in these areas with faculty and in clinics, to contribute to solutions. (Delivered on 31st of January, 1998 on the invitation of the Sarin Memorial Legal Aid Foundation, at Chandigarh) I consider it a privilege to have been invited by the Sarin Memorial Legal Aid Foundation to deliver the H.L. Sarin Memorial Lecture in the City of Roses. At the time when I joined the profession and started my practice at Chandigarh in what was then known as the Punjab High Court, more than three decades ago, Late Shri Harbans Lal Sarin was already at the zenith of his professional career. He was an outstanding lawyer with endearing qualities of head and heart. He possessed sound common sense and was a remarkably fair advocate. He argued his cases fearlessly and forcefully, while maintaining complete detachment from his clients and with full consciousness of his duties towards the court to which he was always respectful. Shri Sarin was known to render help to deserving juniors at the Bar to train them for the future. He was a courteous gentleman and a most pleasing companion outside the court. As a lawyer he was respected by litigants, brother lawyers and judges alike. He manifested a rapid and penetrating perception of legal problems which he tried to resolve not only from the light of the past but by expounding new doctrines consistent with the constitutional philosophy of equality and social justice. That is how he won the acclaim of all concerned. He had a passion for teaching law and was the editor of a legal journal besides being an author. I had the privilege of knowing him personally. As a young junior I had found him helpful whenever I approached him for advice or guidance. I have been the beneficiary of his affection and therefore, it is with all humility that I stand before you to dedicate this lecture to his memory. To commemorate his memory the subject chosen for today’s lecture is “LEGAL EDUCATION IN INDIA – PAST, PRESENT AND FUTURE.” I now come to the subject. The Past The concept of legal education in India goes back to the Vedic age when it was essentially based on the concept of Dharma. There is, however, no record of any formal legal education being provided at that time. Training was self-acquired in matters connected with Dharma. The Kings either used to dispense justice themselves or appoint Judges and Assessors to administer justice, not necessarily trained in law but who were known for their righteousness and justness and had the reputation of being fair and impartial. The pattern of legal education which is in vogue in India today was transplanted by the Britishers after the establishment of English Rule in the country. It was in the year 1857, that a step was taken in the direction of imparting formal legal education in the country. Three universities, set up in the cities of Calcutta, Madras and Bombay, formally introduced legal education as a subject for teaching. This was in a way the beginning of the era of legal education in India. At the initial stages, students were free to undertake instructions in other disciplines such as history, geography, science etc. along with law studies. Legal education was introduced in its very rudimentary form with hardly any standards and qualifications prescribed for admission to the law classes. A beginning had, however, been made. Before India attained independence in 1947, there were only a few schools in the country which taught law. With the independence of the country, legal education acquired importance, as rule of law became a fundamental doctrine for the governance of the country. Since we adopted a democratic form of Government it became necessary that judicial system of the country should be brought in tune with social, economic and political needs of the society. With the changing complex of law and social needs, there was felt a greater need for change and reform in the structure and pattern of legal education. The ethos of legal education was required to undergo a change to fit in with the constitutional philosophy of ushering in the socio-economic transformation of the society. Gradually legal education was introduced as a course of study in a number of States. The Present Taking note of an urgent need to bring about reforms in the university education generally, Parliament, in exercise of its legislative power under Entry 66 of List I enacted the University Grants Commission Act, 1956. The University Grants Commission Act, 1956 is an Act to make provisions for the coordination and determination of standards in universities. The UGC is also the authority dealing with the grant of affiliation to the law colleges. The UGC Act provides that it shall be the general duty of the Commission to take, in consultation with the universities or other bodies concerned, all such steps as it may think fit for the promotion and coordination of university education and for the determination and maintenance of standards of teaching, examination and research in the universities. Section 12(d) provides that the UGC may recommend to any university necessary measures for improvement of university education and advise the university regarding the action to be taken for the purpose of implementing its recommendations. The UGC Act did bring about some improvement in the matter of regulation of standards of teaching in the universities generally but much was still left to be done. The decline in standards of legal education and with that the decline in the prestige and image of the legal profession became a cause of concern. Dr Radhakrishnan lamented that “our colleges of law do not hold a place of high esteem either at home or abroad, nor has law become an area of profound scholarship and enlightened research….” The Law Commission presided over by Shri M.C. Setalvad in its report (14th Report) on “Reform of Judicial Administration”, in 1958 while assessing the standards of legal education obtaining in the country said: “In the period of about ten years which has elapsed since the publication of the Radhakrishnan Commission, the position in regard to legal education in this country has, it appears, definitely deteriorated.” The Law Commission portrayed a rather dismal picture and lamented: “The portals of our law-teaching institutions – manned by part-time teachers – open even wider and are accessible to any graduate of mediocre ability and indifferent merits. It is not surprising that in this chaotic state of affairs in a number of these institutions there is hardly a pretence at teaching … This character is followed by law examinations held by the universities many of which are mere tests of memory and poor ones at that, which the students manage to pass by cramming short summaries published by enterprising publishers. The result, plethora of LL.B. half-baked lawyers, who do not know even the elements of law and who are let loose upon society as drones and parasites in different parts of the country.” The Report of the Law Commission and concern expressed by academic lawyers and the Bar made Parliament take stock of the situation and as a result the Advocates Act, 1961 came to be enacted by Parliament by virtue of its powers under Entries 77 and 78 of List I of the Constitution of India. Under the Advocates Act, 1961, one of the functions of the Bar Council of India is to “promote legal education and to lay down standards of such education in consultation with the universities in India imparting such education and the Bar Councils of the States”. Section 49(d) of the Act, enables Rules to be framed by the Bar Council of India in regard to the standards of legal education to be observed by the universities in India and the inspection of universities for the purpose. The Bar Council of India enacted its Rules in 1965 to deal with the standards of legal education and recognition of degrees in law for admission as advocates. Rule 21 of the Bar Council of India Rules, 1965 provides that the Bar Council of India may issue directions from time to time for maintenance of standards of legal education and the university/college is required to follow the same. Schedule I to the Rules enumerates as many as 21 directions which the Bar Council of India is authorised to give to the universities/colleges. Rule 8 of Chapter III of the Bar Council Rules dealing with the Legal Education Committee, enables the Committee (a) to make its recommendations to the Council for laying down the standards of legal education for the universities, (b) to visit and inspect universities and report to the Council, and (c), to recommend to the Council for recognition of any degree in law of any university under Section 24(1)(c)(iii) of the Act. The Committee is also authorised to recommend the discontinuance of any recognition already granted by the Council. Rule 17 of the Bar Council Rules states that no college shall impart legal education unless its affiliation to any university has been approved by the Bar Council of India. Rule 18 deals with inspection by a Committee to be appointed for this purpose. In 1958 when the Law Commission voiced its concern there were hardly 43 institutions preparing 20,159 students for law examination. After the enactment of Advocates Act, 1961 it was noticed that there was a mushroom growth of sub-standard law schools, with hardly any regard to the quality of legal education. Admission to these law schools was easy. Minimum marks prescribed for eligibility for admission to the law course were as low as 33% or 40% and the result was that thousands of students became eligible and all of them, including the last eligible candidate, got admission. A student who could not get admission in any other course would join law course. The quality of the teaching staff in those law schools also left much to be desired. Most of the law schools and colleges had only part-time law teachers, with an exception of a few whole-time teachers. There was, thus, hardly any commitment of the teaching staff to the cause of legal education. The sudden spurt in the number of law schools with almost free admission to law schools and the lack of infrastructural facilities and non-availability of high quality teaching staff took its toll on the quality of law graduates churned out by these law schools which in turn affected the quality of the standards of the Bar. Since, many of these law schools could not house the total number of students enrolled for want of adequate classrooms and non-maintenance of teacher-student ratio, the administration of many of such law schools encouraged absenteeism. In many law schools there were more “absentees” than “present”. Neither the school nor the students took law study seriously. Students could live hundreds of miles away from colleges and not only get full attendance but degrees too. Legal education as a matter of fact became only a profit-making industry. It was perhaps because of this situation that the Supreme Court in Unni Krishnan, J.P. v. State of A.P.1  expressed its concern and firmly laid down that “education cannot be allowed to be converted into commerce”. Voice of one or two teachers of law had come to be heard in late sixties attempting to draw attention of the policy-makers on education in general and concerning law in particular, to think about the deterioration of legal education and for taking remedial steps. In mid-seventies, several others from the teaching community and the Bar joined them but the sound was still not loud enough for somebody to get up from the deep slumber of “Kumbakarna”. By early eighties some leaders from the Bar and from legal education became desperate to experiment an alternative model. These leaders expressed serious concern about the unsatisfactory standards of legal education and urged the concern to take remedial steps urgently. They were conscious of the fact that law is not self-applying; men must apply it. To achieve reality and a meaning for law, there is therefore need for the services of a group of persons skilled in the knowledge and education of law. In order to have good lawyers it is necessary to have a sound legal education system. It cannot be otherwise.” As on date there are 101 universities in the country which are imparting legal education, out of which 91 universities are recognised and the recognition of 10 universities is under consideration. Out of these 101 universities, 24 universities have started five years’ degree course in addition to the three years’ degree course. There are about 500 law colleges/schools in the country. Some of these law schools are housed in small dingy buildings without any library worth the name and a teaching staff hardly qualified to teach law. To the existing number of lawyers who are about 10 lakhs, we are, it is stated adding roughly 2 lakhs every year. We have the second largest number of lawyers in the world next only to USA. It is, therefore, not surprising that both Judges and responsible members in the Bar became increasingly aware of, and concerned about, the falling standards in the quality of legal education and lamented about the lack of attention being paid to this stream in professional courses. This discontent, has become more articulate in recent times. Conference of the Chief Justices of the High Courts of the country in their deliberations held in 1993 took notice of this malady and resolved: “The Hon’ble the Chief Justice of India be requested to constitute a Committee consisting of Hon’ble Mr Justice A.M. Ahmadi as its Chairman, and two other members to be nominated by Hon. the Chief Justice of India to suggest appropriate steps to be taken in the matter so that the law graduates acquire sufficient experience before they become entitled to practice in the courts.” Pursuant to the aforesaid resolution of the Chief Justices’ Conference a Committee was constituted under the Chairmanship of Mr Justice A.M. Ahmadi. The Committee with a view to formulate its proposals and recommendation invited views from the Chief Justices and leaders of the Bar. Many Chief Justices responded. In the course of its report, the Committee noticed that: “Broadly, it was accepted that the general standard of the law colleges in the country and of the students was deteriorating day by day. It was also suggested that the standard of the new entrants into the Bar leaves much to be desired…. At the level of the law colleges, it was suggested that the syllabus of the law colleges was very unsatisfactory, the teaching standards were equally bad and that there was lack of discipline in the law colleges. Therefore it was suggested that there should be an entrance examination and only students with high percentage of marks should be selected for admission to a law college. Permission to start new law colleges should not be given without proper evaluation of teaching faculty and other facilities. There should be a proper evaluation of the answer scripts in the examination. The students should be trained to draft pleadings at the college level. The standard of English should also be improved. It was also suggested that for the purpose of grant of recognition to law colleges a committee should be formed consisting of a member nominated by the Bar Council of India (and not by its Chairman only), a member to be nominated by Hon. the Chief Justice of India, who shall be a Judge of the Supreme Court or High Court and a member to be nominated by the Bar Council of India, who shall be a renowned person in the field of legal education.” The Chairman of the Bar Council of India also addressed a letter on September 5, 1994, to the Chairman of the Committee welcoming the participation of the Judiciary in matters relating to legal education and entry of law graduates into the legal profession. The Chairman of the Bar Council lamented about the vice of absenteeism amongst the students of law colleges. He said: “To salvage the legal education, the Committee constituted needs to find out the solution to eradicate absenteeism of law students from classes and I hope a definite solution of this menace be found by your good self, which will definitely enhance the standard of legal education.” The UGC also extended its full cooperation to the Committee and the Chairman of UGC in his letter addressed to the Committee on 26-9-1994, inter alia said: “The UGC would be happy to associate with the legal education Committee of the Bar Council of India. As regards, the move towards a five-year-course in law, after the +2 stage through an all-India examination, we also feel that this would be a step in the right direction in terms of improving the entry-point standards. The suggestion to grant a BA (Law) degree after three years to students who do not wish to practise law but may rather go in for employment is also welcome. Thereby, only those who are really keen to take up the practice in law would proceed with the last two years of education. The holding of an examination by the Bar Council of India after the five years of study with the minimum percentage of 50 to 60% being prescribed before one could obtain a licence would also help improving the quality among the legal profession.” The Justice Ahmadi Committee expressed its views and made some useful recommendations. The Committee inter alia opined: “General: Since all law teaching is undertaken by the universities and colleges affiliated to universities and since a recognised university law degree is in itself sufficient qualification for entry into the profession, a heavy duty lies on those who manage the affairs of the Bar Council of India to take appropriate steps to enhance the prestige of the legal profession by ensuring high quality legal education.” Need for improvement of standards of legal education, thus received support from the UGC, the Bar Council of India and the Judiciary. Efforts to improve the standards were put in motion. It was realised and accepted that to improve the standards of legal education, there is need to have law teachers, well trained, well paid and dedicated to the cause. Law being the mirror of the total life of society, those who are engaged in its teaching have a more serious duty and additional responsibility to discharge. A law teacher has to be aware that he is entrusted with the delicate duty of producing future law-makers. The task of a teacher is not only to fill in the students with contents of his narration but to bring out the hidden talent in the students. The integrated students and teachers have unlimited potential for collaboration in exploring any aspect of a subject. There is, thus, need for continuing education of the law teachers and to infuse in them the desire to do research work. Most of the law teachers join the law schools after completing their LL.B., LL.M. or Ph.D. and are rarely exposed to the practical aspect of law and the courts. Such teachers impart theoretical knowledge, divorced from the practical aspects and the result is that a fresh lawyer appears quite lost in the court room. Proper means must therefore be devised so that the law teacher is required to go to law courts to gain the work experience, as this would not only enable him to have the work experience but will enable him to equip meaningfully the students who wish to join the profession. Both the Bar and the Bench are the direct beneficiaries of his labour, care and talent. Law is the science of examining social phenomenon in all its diverse aspects. Most of the law teachers today accept that reality and endeavour to safeguard the dignity of legal discipline. The members of the teaching fraternity will be harming their own cause in case they allow the standards of the discipline to fall. In the United States of America also concern has been voiced regarding the deteriorating standard of legal education. Chief Justice Burger while addressing the American College of Trial Lawyers, District of Columbia, lamented on the state of the profession as under: “… in some jurisdictions up to half of the lawyers who appear in court are so poorly trained that they are not properly performing their job and that their manners and their professional performance and their professional ethics offend a great many people. They are engaging in on-the-job training at the expense of their clients’ interests and the public.” Did Chief Justice Burger have the conditions in India also present to his mind? The International Legal Centre, New York, in the report of its committee on “Legal Education” distinguished between a law-trained person and a lawyer, the former being one who has undergone a substantial course in legal education but is not entitled to practice and the latter being one who is eligible to practise in a court of law. It was considered important to state the distinction because many law-trained persons who performed several functions outside court, e.g. legal advisors to banks, companies, public sector undertakings, government departments etc. and never became lawyers. It is a distinction worth considering in the Indian context also. Several suggestions have been made by the Judiciary, teachers of law and leaders of the Bar in the country to improve the quality of legal education. Despite the efforts made by the Bar Council of India, professional legal education, however, continues to suffer from a variety of drawbacks, some enumerated hereinabove. Law is not purely a professional skill confined to courts and litigants but it is a social science. Laws reflect social ethos. There has never been a dearth of ideas about the objectives of legal education nor the scheme for redeeming it so as to make it more meaningful and socially relevant. The quality of legal education has a direct impact on the prestige of the legal profession. We must, therefore, identify the areas of default and initiate corrective action to repair the damage. The Future – What to do Legal education must be given its status of a professional course of study and like any other professional course its standards must be regulated. The content of legal education must be given its due importance. Legal education should be uniform in the country and should be a five-year course after 10+2. The standard of legal education should be laid down and the minimum norms that law schools must satisfy must be prescribed. Notice to all the law schools should be given by the Bar Council of India/university thereafter to ensure that within the time allowed they must satisfy the norms and if they fail to do so, the university concerned should withdraw the recognition or affiliation from such school or college and that would once for all put an end to those law schools which do not deserve to exist. Unless such a drastic surgery is undertaken without loss of time, the patient, that is legal education, will be fatally wounded and consequently the country’s justice delivery system will stand bereaved. A high-level committee should be set up by the Bar Council in consultation with the UGC and the Judiciary to review the affiliations already granted to the law schools/colleges. An entrance examination be introduced at the stage of admission to the law college in the university and to the affiliated law colleges. A minimum of 50% marks obtained at the entrance examination to be conducted by a “Special All-India Committee” set up by the Legal Education Committee of the Bar Council of India in consultation with the university, by the student should be necessary for entry into the law colleges. Professional Ethics must be made a compulsory subject with at least a minimum of 60% marks as qualifying marks. The Legal Education Committee of the Bar Council of India, in consultation with the representatives of the Judiciary, the Bar, the Universities and the UGC should lay down proper norms for conduct of bar examinations. Norms should be fixed not only for maintaining the quality of questions that are set, but also for the marks to be awarded for the evaluation of the question papers. In order to give better meaning to the study of law, instructions should not only be provided in courses of substantive and procedural laws but the students of law must also be exposed to problems, social, economic and political of the modern times. For that purpose socio-economic content of laws should be incorporated in LL.B. curriculum to foster awareness amongst the law students, which is an essential element in the development of law. These are only some of the suggestions – food for thought – to repair the cracks in legal education – to arrest the rot. The initiative of the Bar Council of India in sponsoring the National Law School of India University is indeed praiseworthy. National Law School of India at Bangalore is the laboratory of an experiment, novel in several ways in higher education. It is an institution not dependent on any State or Central funding for its maintenance; an institution which is academically completely free to design its course, test the product and maintain a strict quality control. It is an institution using multi-disciplinary knowledge to understand the intricacy of law in operation and emphasizing research skill, and applicational ability. If market condition has any significance National Law School students have, broadly speaking, an assured professional career. If national focus is any relevance, the decision of the Law Ministers of the country about replicating such an institution in each of their States is an indicator of success and if the opinion of the international teaching community and professionals is required they are the people eloquently speaking in favour of the National Law School experiment in legal education. It is perhaps the best experiment in the country in the field of legal education after the experiment in technology education in IITs and management education in IIMs. It is desirable that we reap the benefit of this successful experiment. I must, however, hasten to add that the profession is not the true beneficiary of the products of the National Law School. Students who pass out from there find lucrative positions waiting for them in the corporate world. It is a matter of anxiety and concern that the profession is losing talent. The senior members of the Bar must apply their mind to this problem and suggest means for attracting the students to the profession. All those connected with the maintenance of standards of legal education must, therefore, be prepared to take hard decisions to save the situation. A concerted action on the part of Bar, the Bench and the law teachers is called for to improve the deteriorating standards of legal education. Act now – it is already late. If you fail to check the deterioration now, posterity will not forgive you. Ladies and gentlemen, I now take your leave. Thank you for your patience. Reported at (1998) 3 SCC (Jour) 1 Legal Education in Indian Perspective 2009 Legal Education in Indian Perspective Abstract Spiritually, it is believed that the life on the earth is regulated by the laws of the Lord or the Divinity. It is 'rule of law', that draws the essential difference between human society and animal world. It is the legal education that plays an important role in promoting social justice. Law professionals are characterised as 'Social engineers'. Law as a profession and legal education as a discipline was not a popular choice of the students in India prior to the introduction of five year law course, most of the students who performed well in their Intermediate Education aspired to study medicine, engineering, computers, business management and accounting. Unlike India, the situation prevalent in England, America and in many other developed countries is convincingly different. The admissions to law schools in these parts of the world are highly competitive. In the present era of information capitalism, economic liberalization and WTO, legal profession in India has to cater to the needs of a new brand of legal consumer/client namely the foreign companies or collaborations. In the changed scenario, the additional roles by law professionals to play are that of policy planner, business advisor, negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. Due to expanding role of law professionals our curriculum should be enriched with all interdisciplinary courses which are must to produce the competent law professionals of 4th generation. An Overview: Spiritually, it is believed that the life on the earth is regulated by the laws of the Lord or the Divinity. It is 'rule of law', that draws the essential difference between human society and animal world. It is the legal education that plays an important role in promoting social justice. Education or awareness of laws, characterize the lawyers as 'Social engineers'. "….man is inwardly a soul and a conscious power of the Divine and that the evolution of this real man within is the right object of education and indeed of all human life." -Sri Aurobindo By Dr. Tabrez Ahmad, www.site.technolexindia.com, http://iplexindia.blogspot.com Page 1 2. Legal Education in Indian Perspective 2009 Imparting of legal education has always been considered as one to the noblest profession. Today, legal education derives its impetus from the economic, social and political set up of the society. Legal profession is objectively in the position of producing Statesmen. This is due to two reasons (1) Lawyers belong to an independent profession. They are not subordinate to the government or to anyone else, and (2) They are directly in contact with society in its entirety as they have to deal with all kinds of problems of people from all sections of society, unlike say, doctors who are confined to technical problems. Hence lawyers are the people who are most conversant with the problems of society as a whole. Importance and regulation of Legal Education Legal study promotes accuracy of the expression, facility in arguments and skill in interpreting the written words, as well as some understanding of social values. So 'Law act as the cementing material of society and an essential medium of social change. A well administered and socially relevant legal education is a sine qua non for a proper dispensation of justice. Giving legal education a human face would create cultured law abiding citizens who are able to serve as professionals and not merely as business men. The quality and standard of legal education acquired at the law school is reflected through the standard of Bar and Bench and consequently affects the legal system. 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. It is pivotal duty of everyone to know the law. Ignorance of law is not innocence but a sin which cannot be excused. Thus, legal education is imperative not only to produce good By Dr. Tabrez Ahmad, www.site.technolexindia.com, http://iplexindia.blogspot.com Page 2 3. Legal Education in Indian Perspective 2009 lawyers but also to create cultured law abiding citizens, who are inculcated with concepts of human values, legal ethics and human rights. The Constitution of India basically laid down the duty of imparting education on the states by putting the matter pertaining to education in List II of the Seventh Schedule. But it now forms part of List III, giving concurrent legislative powers to the Union and the States. Legal profession along with the medical and other professions also falls under List III (Entry 26). However, the Union is empowered to co-ordinate and determines standards in institutions for higher education or research and scientific and technical institutions besides having exclusive power, inter alia, pertaining to educational institutions of national importance, professional, vocational or technical training and promotion of special studies or research. Empowered by the Constitution to legislate in respect of legal profession, Parliament enacted the Advocates Act, 1961, which brought uniformity in the system of legal practitioners in the form of Advocates and provided for setting up of the Bar Council of India and State Bar Councils in the States. Under clause (h) of sub-sec (1) of Sec.7 of the Advocates Act, 1961 the Bar Council of India has power to fix a minimum academic standard as a pre- condition for commencement of a studies in law . Under clause (i) of sub-sec (1) of Sec. 7, the Bar Council of India is also empowered "to recognize Universities whose degree in law shall be taken as a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities" . The Act thus confers on the Bar Council power to prescribe standards of legal education and recognition of law degrees for enrolment of persons as Advocates. However, for promoting legal education and for laying down standards of legal education, the Universities and State Bar Councils must be effectively consulted. The University Grants Commission has in the course of time evinced interest in improving legal education and has taken By Dr. Tabrez Ahmad, www.site.technolexindia.com, http://iplexindia.blogspot.com Page 3 4. Legal Education in Indian Perspective 2009 various steps towards that end, through adequate funding, creation of senior posts and other means. Historical Development of Legal Education in India The concept of dharma, in the Vedic period, can be seen as the concept of the legal education in India. The guiding force for the King or his appointee was the upholding of the dharma. 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. The need for upgrading legal education has been felt for long. Numerous committees were set up periodically to consider and propose reforms in legal education. The University Education Commission, was set up in 1948-49, in the year 1949 the Bombay Legal Education Committee was set up to promote legal education. The All India Bar Committee made certain recommendations in 1951. In 1954, XIVth Report the Law Commission (Setalvad Commission) of India discussed the status of legal education and recognized the need for reform in the system of legal education. It depicted a very dismal picture of legal education. It was only from 1958 that many universities switched over to three year law degree courses. It was only by 1967, that it became onerous task for the three year law colleges to include procedural subjects into the curriculum of their law school. The dichotomy between the two courses 3 year LLB course after graduation and 5 year integrated course after 10+2, based on various factors such as professional legal education, mental faculties of students, multi-disciplinary and clinical legal approach to legal education still continues. Modernization of legal education in India By Dr. Tabrez Ahmad, www.site.technolexindia.com, http://iplexindia.blogspot.com Page 4 5. Legal Education in Indian Perspective 2009 Law as a profession and legal education as a discipline was not a popular choice of the students in India prior to the introduction of five year law course, most of the students who performed well in their Intermediate Education aspired to study medicine, engineering, computers, business management and accounting. Unlike India, the situation prevalent in England, America and in many other developed countries is convincingly different. The admissions to law schools in these parts of the world are highly competitive. In the changed scenario, the additional roles by law professionals envisaged are that of policy planner, business advisor, negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. In this the era of information capitalism, economic liberalization and WTO, legal profession in India has to cater to the needs of a new brand of legal consumer/client namely the foreign companies or collaborations. Necessary modification required by law Schools The law schools are required to make strategic plans that set out a clear vision of justice delivery and also address the emerging realities of the market. Goal of the law schools should be to build a 'system of legal education' that: a. Promote an inter-disciplinary approach of law with other social sciences: 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. b. Encourage proficiency in languages: Command over spoken and written language, effective oral skills, diction and extensive reading By Dr. Tabrez Ahmad, www.site.technolexindia.com, http://iplexindia.blogspot.com Page 5 6. Legal Education in Indian Perspective 2009 are pre-requisites that go without saying. Knowledge of a foreign language is important to be a lawyer in the global economy. Law students should be provided with the opportunity to learn a foreign language of their choice. c. Personal Characteristics: Lawyers, solicitors, legal executives all need good intellectual ability, the ability to assimilate and analyse facts quickly. Law students hence need to develop their ability to distinguish the relevant form the irrelevant, screen evidence, and apply the law to the situation under scrutiny. The law students are further required to enhance the ability to argue, explain and convince points of law. They need to maintain their complete integrity of character and need mental and physical stamina in order to cope with the long hours, travelling and stress. d. Develop a critical outlook: Law teachers should switch over to what is called as 'comparative method of teaching'. The law students should be mobilised to evaluate the existing or prospective draconian laws, participate in discussions on the latest developments and required amendments. e. Encourage Clinical training: 'Justice' must become central to the law curriculum and community-based learning must give the desired value orientation in the making of a lawyer. This concept of justice education in the field of legal education means that the law school curriculum should entail certain programs like Lok Adalats, Legal Aid & Legal Literacy and para-legal training. The complementary teaching methodology of learning by doing and the conventional classroom teaching, through the law school clinics , help in developing the advocacy skills in the law students. 'Mock' trials and Moot court competitions, structured as court trial; client By Dr. Tabrez Ahmad, www.site.technolexindia.com, http://iplexindia.blogspot.com Page 6 7. Legal Education in Indian Perspective 2009 interviewing and counseling 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. It is a means of improving in students the basic skills such as the skills of critical thinking, presentation skills, participation skills, the skills to work as a team, the leadership quality, in addition to the boost in students knowledge of law. Promotes acquaintance with new technological means: Law schools and universities should be able to provide e-courses on the shelves. The teachers should put course materials on the Web, conduct on-line tests/assignments and grade students. Web-sites can lead learners to virtual class-rooms. Teachers and students should be oriented to look at the Web as an information provider. Recapitulation Legal education is a good investment which if wisely made will produce most beneficial results for the nation and catalyse the speed of development. Of late the role of a lawyer in a common law system is more than a skilled legal mechanic; he acts as a social engineer, social reformer, harmonizer and a reconciler. The legal education provided at the law schools must be transformed to the conventional and contemporary needs of the legal profession and society. By Dr. Tabrez Ahmad, www.site.technolexindia.com, http://iplexindia.blogspot.com Page 7 ROLE OF A LAWYER Fundamental to any study of lawyer ethics is an appreciation of the lawyer’s role with respect to clients, the profession itself, the state and the public interest generally. The words of the lawyer codes themselves have a general nature. Their interpretation and understanding comes from reading them in the context of the lawyer’s role. Lawyers obviously play different roles depending on their place in the legal profession and the nature of their law practice or activity. Judges and prosecutors have fundamentally different roles from those of private lawyers. But even within the ranks of those we would usually call ‘‘lawyer,’’ different practice settings shade the lawyer’s role in different ways. Criminal defense lawyers have special responsibilities and duties; in-house corporate lawyers the same; lawyers for government agencies serve somewhat different interests than do private lawyers. Always consider the particular place of a lawyer in society when considering that lawyer’s proper course in a given circumstance. The role of lawyer, of course, will vary from one legal system to another. But some generalities can be drawn. Lawyers bring the law to non lawyers by advising clients and by drafting documents that make clients’ transactions work to serve the clients’ interests within legal constraints. Lawyers make the system of justice work. Their role is more active in the litigation process in common law countries, to be sure, but in civil as well as common law countries, the lawyer plays a crucial role in operating the system of justice, shepherding cases through the system. Lawyers play an important role in law making as well. Many lawyers serve in legislatures and parliaments and often lawyers are called upon to advise parliaments on the details of new laws.2 ROLE OF LAWYER Ch. 1 It is possible to have different views of what a lawyer does. Some may say that a lawyer is a business person, not unlike the barber, the doctor or the shop owner, providing a service to paying customers. Others will see a more public-abiding role for the lawyer, providing a service to paying clients but also maintaining an eye on the public interest, justice, and fairness of society. This difference in view will account for differing opinions about what a lawyer should do in a morally difficult position. In democratic societies, lawyers surely fill an important role that no other professional fills: the lawyer is the guardian of the rule of law, the ideal that all people stand equally before the law and neither expect nor receive special treatment from it. In emerging democracies, this role is especially important for lawyers, who have the potential to become the great levelers between the powerful and the less so. To be sure, the market for lawyer services, even in the most well-established democracies, is tilted sharply toward the corporate world and toward those with means. But guarantees of the right to counsel in criminal matters, government funded legal aid for the poor (limited as it is), and pro bono activities of private lawyers, all combine to create some promise that the most important matters affecting the poor and the powerless will also be served by lawyers and the legal profession First thing we do, let’s kill all the lawyers. Henry VI, Part II by William Shakespeare T his quote is often used by those who seek to blame lawyers for many, sometimes all, of society’s ills. That these words come from no less than William Shakespeare is supposed to show that lawyers must be at fault—because they always have been. The truth, revealed by the context, is much different. Actually, Jack Cade and his fellow conspirators were plotting anarchy for their own personal benefit. They threatened to ‘‘Burn all records, my mouth shall be the Parliament of England.’’ Shakespeare, thus, illustrated the simple truth that it is not enough to destroy the rules; to bring down an orderly system of justice, the lawyers must be eliminated because they give life and meaning to the rules. Then, as now, lawyers, judges, advocates, counselors, and legislators are an integral part of a system of laws and justice that foster the economic, cultural, and community freedoms so essential to a progressive society. Nowhere else in the world do commerce and industry flourish because of the predictability and commercial certainty that our country enjoys. People flock to our shores because of the unparalleled political, cultural, and religious freedoms that have been maintained by lawyers and judges working to enforce the rights of everyone. It is for these very same reasons that the blame comes our way in the collective public perception. We are in the heart of most every dispute, from child custody contests to neighbors’ boundary suits, to anti-trust breakups, and even the Florida election battles. We are literally entwined in people’s problems and their solutions. Even as we may win the gratitude and respect of our individual clients, all too often the opposition blames their fate on the lawyers. There is no magic potion to cure this issue. The real winner, however, is the society that has an established, fair, efficient, peaceful means of dispute resolution. We cannot and should not change who we are or what we do because of society’s perception of us. No other profession places itself in the center of civilization’s firestorms, taking unpopular positions regardless of profession consequences . . . none carries the burden of continuously involving itself in situations damaging to its public image. ‘‘I’m Proud to Be a Lawyer,’’ Hon. Gene Schnelz, MBJ, May 1994 In that article my good friend, Judge Schnelz, described the many facets of the valuable volunteer efforts that lawyers make individually and as a group. Since that time, I have witnessed my fellow attorneys being more and more involved in their communities, schools, and charitable organizations. The State Bar has expanded its reach with programs like Access to Justice Development Campaign, Law School for Legislators, and Pro Bono Involvement. There are so many important ways that lawyers and judges add immeasurably to our society that, when you think of it, without lawyers and judges dedicated to the rule of l aw, t empe red by f re edom, jus t i c e , and equality, our society, even with all its problems, would not have progressed to the level that it is at today. There is no question that lawyers and judges working together in the system of justice are the bulwark of our democratic system of government; they are indispensable to a free society that respects the viewpoints of all. It is important to periodically remind ourselves of all the good we do. Our mission is too important to compromise merely for the sake of popularity. We survive and flourish because we heed the admonition of the State Bar of Michigan’s first president, Roberts P. Hudson: No organization of lawyers can long survive which has not for its primary objective the protection of the public. We should continue our good work for its own sake. It may serve to burnish our public image. If our important role in society means we are destined to take the blame, we should wear it with pride. Initiatives for the Bar Year A primary goal of the officers, Executive Committee, and the Board of Commissioners is to strengthen and enhance our relationships with the various constituent groups throughout the state. It seems to me vitally 12 LAWYERS AND SOCIETY M I C H I G A N B A R J O U R N A L J A N U A R Y 2 0 0 1 P R E S I D E N T ’ S P A G E PRESIDENT’S PAGE Thomas J. Ryan It is important to periodically remind ourselves of all the good we do. Our mission is too important to compromise merely for the sake of popularity.13 P R E S I D E N T ’ S P A G E J A N U A R Y 2 0 0 1 M I C H I G A N B A R J O U R N A L important that all the entities involved with the courts on a daily basis work together whenever possible to ensure that our citizens have the best justice system possible. To that end, we have rededicated our efforts to support our major constituent group, the Michigan Supreme Court. Although the Supreme Court has regulatory authority over our profession, it is also an extremely important participant in issues concerning the procedure, practice of law, and the judicial system that we deal with on a daily basis. In my judgment, the leadership of the State Bar of Michigan and the Supreme Court should work together on these many areas of common interest. The State Bar has always had excellent cooperation with each Chief Justice of the Michigan Supreme Court. However, I believe that regular structured contact can enhance that relationship and better serve the public and our profession. So, I am pleased to announce that on Tuesday, January 16, 2001, we held the first in a series of planned quarterly meetings between the Executive Committee of the State Bar and the justices of the Supreme Court. All seven Supreme Court justices came to the Michael Franck Building for a tour of the newly renovated facilities and dinner. It was apparent to all that this was an important first step in improving communications and our working relationship. Between these quarterly meetings, there will be at least one meeting, or other meetings as needed, between the Bar president, president-elect, and executive director, along with the Chief Justice of the Michigan Supreme Court and perhaps a justice she may designate as liaison to the State Bar. The State Bar will also outreach to the governor’s office, legislative leaders, attorney general, Attorney Grievance Commission, Attorney Discipline Board, ICLE, the local and special purpose bars, as well as committees and sections of the State Bar. All of this is to ensure that this organization is moving forward in a positive fashion to improve the justice system, profession, and the practice of law. I trust the membership will find these initiatives positive and helpful to In the present age Legal Education in India is not satisfactory. It requires medical changes. The law in an instrument of change. It plays a very important role in the reconstruction of the society; our Constitution has given guarantee to its citizen’s social, economic and political justice. The Directive Principles of State Policy as enshrined in the Constitution of India, attempt to transform society, social economic and political aspirations of the people have changed. We are governed by Law; therefore, a change in the system of legal education has become inevitable. We in India still cherish and nourish that very education system which was established by Britons in India. Judges, Lawyers and Law teachers could not change basic postulates of common law. They do not play any role in the formulation of policies, law colleges and universities perennially followed traditional path. We want Jurists of eminence and judges of repute. Since law is one of the social sciences, therefore, the study of history politics, economics and sociology should be liked with the study of law. It shall be having new vision to lawyers and Jurists; Language is the life of Law. The scientific knowledge of language is essential for every student of Law. Unfortunately our students know very little about the languages. It is desirable that basic knowledge of the language should be imported to law students. The study of law along with social sciences and language shall improve legal education. The examination system of our universities is defective. It is illusion. It is out dated and obsolete. It is hardly test or examination. Legal Education requires special attention in the present context. Law classes are overcrowded. There is birth of law teachers, the Bar council of India could not properly regulates legal education. The resolution passed by bar council of India is not implemented. Law classes in our country have become index of unemployment. Lectures delivered by teachers should be supported by important cases. The basic concept of law should be thought. Moot courts are very important for legal education. Standard and cheap books should be published by the proper authorities. For the restriction on guess paper, immediate law is desirable. Admission in law classes should be according to standard of the student’s group discussion, seminars and tutorials are also useful for the proper understanding of law proper arrangements for the courts visits and practical training to the law student will be very helpful to the prospective lawyers. A minimum court attendance should also be fixed along with their subjects of law students. A minimum financial assistance should also be provided by Bar Council of India to the poor as well as to the intelligent law students.