Legal Education A Need To Reform Role of Regulatory Bodies
Historically, the legal education in India at the ‘Vedic’ age based on the concept of ‘Dharma’. Though there was no formal education to impart law. Dharma was basic grandeur for every living individual. Training was self-acquired in matters concerned with ‘Dharma’. The king either used to dispense justice themselves or appoint judges and assessors to administer it.
Legal education is the basic which only would create such responsible and responsive social lawyering. Legal education equips law students for filling different roles in society for discharging various law jobs, the range and scope of which are always expanding in the modern democratic society. Example- policy makers, administrators, lawyers, etc. it is crucial function of legal education to produce a social vision in a developing country like India.
The imparting of legal education in India had begun during the British period much before India gained its independence in 1947. Law course were started at college, Calcutta, elphistone college, Bombay and at madras. In course of time, legal education expanded and several institutions at various places began imparting it. The primary aim of legal education at the time was to equip law students so that they could help the lower courts and high courts in the administration of justice.
With the down of independence in India in 1947, the whole scene concerning legal education started undergoing transformation. The supreme courts have replaced judicial committee of the privacy council as the highest court in India. From during last several years now there has been a lot of ferment in the area of legal education and it has been very much discussed and debated subject. Since the independence, two developments of consequences are noticeable in the country in the field of legal education. One there has been a phenomenal increase in the number of students studying law as well as in the numbers of law school teaching law.
Role of Regulatory Bodies In Legal Education
Legal education in India regulated by central and state government, Universities Grant Commission, Bar Council Of India and respective universities. For various reasons the quality and standard of legal education is not satisfactory. Several attempts were made to reform curriculum of legal education by the BCI. On the guidelines of BCI, several national law schools have seen established, but the result is not up to mark.
A very significant development in the area of legal education took place when the bar council of India was set up under the Advocates Act 1981. Under the act, the bar council enjoy very significant function in relation to legal education. Under Sec. 7 of the Advocates Act, one of the most important function of 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 state bar council.’’
The vision of legal education is to provide justice oriented education essential to the realization of the various enshrined in the Constitution Of India. At the same time, it also prepares professionals equipped to the meet the new challenges and dimensions of globalization. These goals will be achieved in reality by considering the following suggestions:
1. As our nation is a member of WTO agreement it is bound by the general agreement on Trade in Services (GATS) which will give birth to tough competition between our traditional and foreign lawyers. To tackle the situation and to compete, it is necessary to impart quality legal education as well as global legal education with the help of advances in information technology and telecommunication to our law students.
2. Bar Council of India, constituted under sec. 4 of the Advocates Act, 1961 is the apex body for legal professionals in India. BCI had limited role in promoting legal education and laid minimum standards for students who are entitled to practice. But it has neither the power under the Advocates Act 1961 nor the expertise to meet the new challenges both domestically and internationally. It is therefor, necessary to constitute a new regulatory body vested with power to deal with all aspects of legal education having sanction of the government.
3. As the socio economic conditions in India are different from other countries, the global legal education will be affordable and digestive only by the richer few. The necessary steps should be taken in these fields as per the local conditions of our country to find out have it will be made digestive and adoptive to majority students of our country.
4. There has been grosing demand in various packet of the counter to provide lecture in vernacular language. Several universities permit the law student to write their examination in vernacular languages and even provide vernacular version of the question papers.
These aspects are not taken notes of by the regulatory bodies of India, no view are found in this regards.
In state of Maharashtra vs. mahubhai pragmatic vashi:
The Hon’ble Supreme Court observed:
‘’The need for convincing and well organized legal education is absolutely essential reckoning the new trend in the world order, to meet the ever grooving challenges. The legal education should be able to meet the eves growing demands of the society and should be thoroughly equipped to cater to the complexities of different situations.”
The role of regulatory bodies in promoting legal education is worth appreciation and it is due to these efforts which has not shacked the faith of people in judiciary. Effective reform in Indian legal education will require energy, imagination, and devotion, nor can such reform alone resolve the dilemma in which the indian legal order find itself. In the recent few years are save indian institute of technology, khargapur comes out with new course on the law related technology and computer. No other institutions than IIT, IISC, ISI are the best in their intellectual in this fields then the developments in law will be unimaginable. As it is the need of hour to be prepared for global challenges of the world. It is also necessary to be firm on our values of justice , democracy rule of law, equality, local requirements etc. let me conclude with the thought of Mahatma Gandhi, who said that-
‘’let us keep our doors and windows open for all the winds to come in and at the same time keep our feet firm from being swept away.”