Legal Education in India

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LEGAL EDUCATION IN INDIA

Legal education is essentially a multi-disciplined, multi-purpose education which can develop the
human resources and idealism needed to strengthen the legal system. A lawyer, a product of such
education would be able to contribute to national development and social change in a much more
constructive manner. Law is the cement of society and an essential medium of change’. Knowledge of
law increases one’s understanding of public affairs. Its study promotes accuracy of the expression,
facility in arguments and skill in interpreting the written words, as well as some understanding of
social values. It is pivotal duty of everyone to know the law. Ignorance of law is not innocence and it
cannot be excused. Thus, legal education is imperative not only to produce good lawyers but also to
create cultured law abiding citizens, who are inculcated with concepts of human values and human
rights.

Legal education is the education of individuals who intend to become legal professionals or those
who simply intend to use their law degree to some end, either related to law (such as politics or
academic) or business. It includes:

* First degrees in law, which may be studied at either undergraduate or graduate level depending on
the country.

* Vocational courses which prospective lawyers are required to pass in some countries before they
may enter practice.

* Higher academic degrees.

Today, Law is viewed not merely as an instrument of social control, but also as an instrument of
social change. Lawyers have been characterized as social engineers. As liberal education, legal
education may serve the society by imparting to law students general and cultural education making
them good law-abiding citizens. Such education will instill into the students the significance and
relevance of democratic culture. As professional education, legal education equips law students for
filling different roles in society, and discharging various law jobs. Compared with science, technology
and medicine, legal education is less technical or less professional. Legal education in India had
began during the British period. Much before India gained its Independence in 1947, law courses
were started in the Hindu College, Calcutta, Elphinstone College, and Bombay and at Madras.

The primary aim of legal education at the time was to equip law students so that they could help the
lower courts and the High Courts in the administration of justice. Before India gained independence
in 1947, the study of Law was not taken as a very serious exercise. Consequently, when India gained
independence, “Its legal profession and legal teaching were thus not able to play the role they ought,
by Western standards, to have played.”

In  changing society there is need to improve the legal education and expand its scope, with the
concept of modernization it is time to enhance its boundaries. There is need to increase its ambit
and for that, it is necessary that, legal education is not limited only to the study of law and
legislation, but to the study of various procedures of law.

In legal education, legal aid is one of the major parts.

 Legal Aid:

Legal Aid is an instrument to get equality before law and equal protection of law as enumerated in
Art. 14 of our Constitution, as a fundamental right. Majority of people in our country are poor and
because of their poverty, they are unable to afford expensive legal procedures and so they keep away
from it unable to get these freedoms and they are prevented from getting justice.

Article 39-A inserted by Constitution (Amendment) Act 1976, provides for Legal Aid and assistance to
poor and indigent litigants. The purpose of these constitutional mandates is that no one should be
deprived of his right to move a court of law because of poverty or any other social disability and only
through legal education can we make people aware of legal aid.

 Law Reform:

Legal education plays a vital role in law reform. Law reform means some reformation, correction in
existing legal system or enactments. When a set of rules or a set of principles is enacted by the
legislature or a specific principle is declared by the court, sometimes they are not adequate for the
society or are ineffective to control any social problem for which such laws are implemented.

In such situations Legal Research, Legal survey, etc. helps in investigation for making new laws on any
current issue or changing the existing law which is not adequate for their proper implementation.

Many enactments are result of efforts of law reformers, such as Dowry Prohibition Act, Child
Marriage Restraint Act, Sati Prohibition Act, etc.

Legal education helps in changing the attitude of public; it enables people to think on social
problems; it makes people more aware about their rights to duties; it helps them to make the ideal
citizens to the concept of law reforms performed through only legal education and to fulfil all
purposes of legal education. One of the most important aspect is legal awareness and it is possible
only through legal literacy.

 Legal Awareness:

It is said that, India lives in villages and therefore to understand the relation of law with society one
has to concentrate on Indian villages. Most of the villagers are unaware about their own
fundamental rights, legal rights and remedies available to them and so they have no knowledge of
various legislations in force for them.

Nowadays after quite a prodding from the superior Courts the twin facets legal aid and legal
awareness had been given a strong boost.Many times educated people are also exploited by
shopkeepers, etc. but they are unaware of their rights given in Consumer Protection Act, etc.

Women especially from villages are also unaware of their rights which are especially enumerated for
them by our Constitution and for all these purposes legal awareness is very essential. Legal
awareness is possible through legal literacy, but in a country like ours where illiteracy is a curse and
rampant in our society, how is it possible to legally educate people who are illiterates. For this
purpose legal camps with the help of audio, video instrument should be held in villages or legal
literacy can be enhanced with the help of media too.

There are also some major steps to improve legal education and one of the most important is to
increase the quality standard of law field. For that there should be more establishments of law
colleges. For effective legal education there is need for improvement in legal academic education to
maintain standard of legal education.

If all objectives of legal education have been achieved then it is possible to protect the neglected and
downtrodden poor and indigent against the onslaughts of the more powerful and elite sections of
society and provide them an opportunity of getting justice. No one is exploited, everyone becomes
aware of their own rights and duties and no one should be deprived of his rights because of poverty
and illiteracy.

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