The law commission of India defines ‘Legal education as a science which imparts to students knowledge

of certain principles and provisions of law to enable them to enter the legal profession’. Law, legal
education and development have become inter-related concepts in modern developing countries. The
main function of the legal education is to produce lawyers with social vision. However, in modern times
legal education should not only produce lawyers, it should be regarded as a legal instrument for social
design.

According to Justice. Krishna Iyer, ‘Profession of law is a noble calling and the members of the Legal
profession occupy a very high status.’ Law is the foundation of every society and it develops abiding
citizens, lawyers, academicians and aspiring judges. Legal education in India refers to education of
lawyers before their entry into practice.

Historically speaking, legal education traces back to ancient period, where the kings and princes were
given teachings about dharma and nyaya. Then the concept of legal representatives came into existence
during mughal period. Legal education was in existence even before Indian independence as many of
our freedom fighters are from legal background. But, it gained its significance only in post-independence
period. Law courses are offered for a term of three years in some traditional universities but it can be
pursued only after getting a degree.

Aims of Legal Education

Legal education should not only produce lawyers but should be regarded as a legal instrument for social
design. The main aims of legal education are as follows:

# To train students for legal profession;

# To educate the students to solve the individual client’s problems as well as to solve the society’s
problems in which he lives;

# To provide a centre where scholars might contribute to understanding of law and participate in their
growth and improvement;

The Hon'ble Supreme Court, in D.K.Basu Vs State of West Bengal, has laid down specific
guidelines required to be followed while making arrests.
The principles laid down by the Hon'ble Supreme Court are given hereunder:

1. The police personnel carrying out the arrest and handling the interrogation of the
arrestee should bear accurate, visible and clear identification and name tags with their
designations. The particulars of all such police personnel who handle interrogation of
the arrestee must be recorded in a register
2. That the police officer carrying out the arrest shall prepare a memo of arrest at the time
of arrest and such memo shall be attested by at least one witness, who may be either a
 member of the family of the arrestee or a respectable person of the locality from where
the arrest is made. It shall also be counter signed by the arrestee and shall contain the
time and date of arrest.
3. A person who has been arrested or detained and is being held in custody in a police
station or interrogation centre or other lock up, shall be entitled to have one friend or
relative or other person known to him or having interest in his welfare being informed,
as soon as practicable, that he has been arrested and is being detained at the particular
place, unless the attesting witness of the memo of arrest is himself such a friend or a
relative of the arrestee.
4. The time, place of arrest and venue of custody of an arrestee must be notified by the
police where the next friend or relative of the arrestee lives outside the district or town
through the Legal Aid Organisation in the District and the police station of the area
concerned telegraphically within a period of 8 to 12 hours after the arrest.
5. The person arrested must be made aware of his right to have someone informed of his
arrest or detention as soon as he is put under arrest or is detained.
6. An entry must be made in the diary at the place of detention regarding the arrest of the
person which shall also disclose the name of the next friend of the person who has been
informed of the arrest and the names land particulars of the police officials in whose
custody the arrestee is.
7. The arrestee should, where he so requests, be also examined at the time of his arrest
and major and minor injuries, if any present on his/her body, must be recorded at that
time. The 'Inspection Memo' must be signed both by the arrestee and the police officer
effecting the arrest and its copy provided to the arrestee.
8. The arrestee should be subjected to medical examination by the trained doctor every 48
hours during his detention in custody by a doctor on the panel of approved doctors
appointed by Director, Health Services of the concerned State or Union Territory,
Director, Health Services should prepare such a panel for all Tehsils and Districts as well.
9. Copies of all the documents including the memo of arrest, referred to above, should be
sent to the Magistrate for his record.
10. The arrestee may be permitted to meet his lawyer during interrogation, though not
throughout the interrogation.

State Under Indian Constitution

Part III of the Constitution deals with Fundamental Rights which are the restriction on the power of the
legislature, executive and judiciary, that, no one can encroach upon this part. In order to define the
scope of these rights and the scope of remedy under Article 32 constitution makers have defined “State”
in the beginning as under:

“the Government and the Parliament of India and the Government and the Legislature of each of the
State and all local or other authority within the territory of India or under the control of the Government
of India”
It refers to authorities other than those of local self- government, who have the power to make rules,
regulations, etc. having the force of law. “Instrumentality” and “agency” are the two terms, which to
some extent overlap in their meaning. The basic and essential distinction between an “instrumentality
or agency” of the State and “other authorities” has to be borne in mind. An ‘Authority’ must be
authority sui juris within the meaning of the expression “other authorities” under Article 12. A juridical
entity, though an authority may also ratify the list of being an instrumentality or agency of the state in
which event such authority may be held to be an instrumentality or agency of State, but not vice
versa[xii].

In the case of R.D.Shetty v/s International Airport Authority[xiii], the Court laid down five tests to be
considered “other authority”:

1) Entire share capital is owned or managed by State.

2) Enjoys monopoly status.

3) Department of Government is transferred to Corporation.

4) Functional character governmental in essence.

5) Deep and pervasive State control.

The definition of State under Article 12 of the Constitution does not explicitly mention the Judiciary.
Hence, a significant amount of controversy surrounds its status vis-a-vis Part III of the Constitution.
Bringing the Judiciary within the scope of Article 12 would mean that it is deemed capable of acting in
contravention of Fundamental Rights. It is well established that in its non-judicial functions, the Judiciary
does come within the meaning of State. However, challenging a judicial decision which has achieved
finality, under the writ jurisdiction of superior courts on the basis of a violation of fundamental rights,
remains open to debate[xix].

On the one hand, the Judiciary is the organ of the State that decides the contours of the Fundamental
Rights. Their determination, of whether an act violates the same, can be right or wrong. If it is wrong,
the judicial decision cannot ordinarily be said to be a violation of fundamental rights. If this were
allowed, it would involve protracted and perhaps unnecessary litigation, for in every case, there is
necessarily an unsatisfied party. On the other hand, not allowing a decision to be challenged could mean
a grave miscarriage of justice, and go unheeded, merely because the fallibility of the Judiciary is not
recognized.

The erroneous judgment of subordinate Court is subjected to judicial review by the superior courts and
to that effect, unreasonable decisions of the Courts are subjected to the tests of Article 14 of the
Constitution.
what is the use of power of attorney

'' Inasmuch as human being becomes busier, it becomes more necessary for him to depend on others
for getting his things done. Owing to this reason, the power of attorney is now playing vital role.''

While the main concern of Indian philosophy is to analyse the fundamental concepts of ethics, religion,
epistemology and metaphysics, its ultimate concern is the social well-being of individuals.

In the recent computer era, where commerce and industry assured large role to play , the need for
entering into contracts of agreements in relation to business and other transactions become a common
and primary feature of daily life. Because of human being became busier, it became more necessary for
him to depend on others for getting his things done. The hectic activities of the businessmen and
industrialists have made the execution of power of attorney for delegating his functions. A "power of
attorney" is a legal instrument whereby one person gives another person the authority to act on his or
her behalf as his legal representative, and to make binding legal and financial decisions on your behalf.

Defining A Power Of Attorney

In Blacks dictionary it is described as the instrument by which a person is authorized to act as an agent
of the granting it. It is pertinent to mention here a person need not be a lawyer to hold a Power of
Attorney as an agent for someone else. In Strouds judicial dictionary "power of attorney is defined
extensively as an authority whereby one is set in the stead or place of another to act for him".

Power of Attorney is a document of agency whereby the principal appoints an agent to do and execute
certain acts or deeds on his behalf. Various can be found in different enactments like according to the
Bombay Stamp Act it is defined as "any instrument empowering a person to act for and in the name of
the person executing it and includes an instrument by which a person a not being a legal practitioner is
authorized to appear on behalf of any party in proceedings before any court tribunal or authority"

The Indian Stamps Act defines it "any instrument empowering any specified person to act for and in the
name of the person executing it"

Despite there is a specific act pertaining to Power of attorney but it is a very precise and brief one , the
basic principles of these document are governed by the law of agency as provided for in the Indian
Contract Act. A power of attorney may be of two types-

1) General 2) Specific-

The test to determine under which category a given document falls is as to what is the subject matter in
respect of which power is given and if it is restricted to some specific matter it is specific else it is
general.

Construction of a power of attorney- There are two main rules in construing a power of attorney

.1) The operative part of the deed is controlled by the recitals wherever there is any ambiguity
2) Where authority is given to do particular acts followed by general words the general words are
restricted to what is necessary for the performance of the particular acts