Justice PN Bhagwati had once said: “Legal education must be able to equip the students with the necessary knowledge, skills, and values to enable them to discharge their responsibilities as members of the legal profession and as citizens of a democratic country.”
These words of Justice Bhagwati rings a clarion call for legal education in the country. As the modified version of criminal laws comes to force, much change is expected in the legal landscape of the country. The law professionals have geared up to the challenges thrown up by the new legal provisions, and so have the law colleges.
The curriculum has been updated and the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam have been included.
Over the years, the central government has taken initiatives to improve the state of law education in India. Way back in 1986, the National Law School of India University was established, marking a significant thrust in the sector. The government has supported the establishment of National Law Universities (NLUs) across the country to provide high-quality legal education, which led to a quantum leap in the standard of legal education.
The National Education Policy of 2020 encouraged law schools to collaborate with other institutions and incorporate interdisciplinary courses. Though legal education has received a boost at the top colleges’ level, much is required for other colleges who cater to a larger student community. There is a wide disparity in the quality of legal education across institutions. Often it is argued that quality legal education is only for the elite.
The need to rework the legal education curriculum has also been mooted at the policy level. The Department-Related Parliamentary Standing Committee On Personnel, Public Grievances, Law And Justice, in its report, titled “Strengthening Legal Education in View of Emerging Challenges Before The Legal Profession” has recently said: “Today, law graduates pursue a range of careers beyond the courtroom practice. So, the legal curriculum in educational institutions needs to be designed in a manner that enables the development of skills required for pursuing diverse legal professions and not just courtroom practice.”
A RAFT OF PROBLEMS
Many problems beset law education. Many law colleges still follow an outdated curriculum that does not address contemporary legal issues. Emerging areas such as technology law, international trade law, and alternative dispute resolution are given a back seat.
Clinical legal education, though mandated, is poorly implemented. Quite a few law colleges lack proper infrastructure for moot courts and legal-aid clinics. This impacts the quality of legal education. There is a significant lack of qualified and experienced faculty in law colleges.
In 1999, the Supreme Court in the V Sudeer case had underlined the need for practical training and had observed that the legal profession requires a synthesis of theoretical knowledge and practical skills.
In this context, the Court had also highlighted the importance of internships, moot courts, and clinical legal education. This is yet to be realized fully in all law colleges across the country.
As per the Constitution, the responsibility for regulating legal education lies with both the Bar Council of India (BCI) and the University Grants Commission. The BCI is the nodal regulatory body for legal education and legal profession. It has the onus of regulating law colleges and refurbishing the curriculum.
The BCI has already stipulated a comprehensive redesign and overhaul of curriculum to include contemporary subjects like cyber law. This will tune the legal professionals with the cutting-edge demands of the society. But yet much needs to be done by the BCI to keep the legal education in fit form.
The comment of Justice AM Khanwilkar, who retired from the Supreme Court in July 2022, is pertinent in this regard: “The quality of legal education has a direct impact on the quality of the legal profession. It is imperative that legal education is continuously updated and aligned with the needs of the time.”
There is also a need to foster a research culture to contribute to legal scholarship and policy-making. NLU Delhi has already taken a lead.
Speaking to India Legal some time back, Prof (Dr) GS Bajpai, the Vice-Chancellor of National Law University, had said: “NLU Delhi has an illustrious legacy in terms of quality research, publications, and international collaborations. My focus is to promote empirical research, diversify areas of research, and encourage national and international collaboration; and to make our curriculum more inter-disciplinary and in tune with the guiding principles of the National Education Policy (NEP) 2020.”
Furthermore, a standardization of curriculum across all universities is needed. This will not only bring uniformity in legal education, but also bring all students on par. Mushrooming of ill-equipped private law colleges is another problem. The BCI needs to step in and regulate teaching standards and oversee facilities. Affiliations of law colleges with universities should be under strict norms. This requires robust accreditation and monitoring systems. The road to a better law education is challenging and needs constant course correction. It also requires a concerted and synchronized effort by all stakeholders to raise legal education to world standards and at the same time keep it grounded to Indian environs.
—By India Legal team