Education Law by Malik Aamir SLC 2023

UNIT I – Right to Education- A Constitutional Perspective
Introduction
Education as a tool is the most potent mechanism for the advancement of human beings. Education
emancipates the human beings and leads to liberation from ignorance. It is important to eradicate
poverty and uplift the backward society. Education is now being visioned as a human right and an
instrument of social change. Education is the This right to education also ensures to the provision of
basic education for those who have not completed their basic education .Right to education includes the
right to free, compulsory primary education for all, an obligation to develop secondary education
accessible to all and an obligation to develop equitable access to higher education.
I. RTE under Directive Principle of State Policy
Originally Right to Education was in Part IV of the constitution in Article 45 of the Directive Principle of
State Policy (DPSP). It was in 1950 when this was put into the Constitution to provide quality education.
But the government failed to keep this promise. Since DPSP are not enforceable by any court but the
government has to keep in mind DPSP while making, enforcing and implanting any law.
No provision in the Constitution of India is prior to any other provision of the constitution. So, Article 45
which, was under DPSP (Part IV), was not enforced. Moreover, India’s education system was not
adequate and compatible enough to provide education to every child in the country.
JUDICIAL INITIATIVE
Mohini Jain v State of Karnataka & others (CAPITATION FEE CASE)
In this case law, A girl named Mohini Jain was offered admission to a Private Karnataka Medical College
but, the fee charged was too high that her father was unable to pay the fees. On this ground, her
admission to the medical college was denied. The court held that charging high fees from students
denies their right to education. Article 21 of the Indian Constitution thus, includes the right to education
at all levels. But in this case, the court didn’t set up the age to which the Right to compulsory and free
education was guaranteed.
Unni Krishnan J.P & Ors. v. State of Andhra Pradesh & Ors.
Mohini Jain’s case was extended in this case as it was to bring more clarity to the decision taken in
Mohini Jain’s case. The important issue that arose under Unni Krishnan case law was to know the scope
of the educational right under Article 21 of the Indian Constitution and whether it extends to adult
professional education.
By Malik Aamir, Lecturer Sopore Law College

This case restricted the fundamental right to education as it was held that educational rights will be
available up to the age of 14 years. After 14 years the state’s obligation of providing compulsory
education will depend on its economic capacity and development.
TAPAS MAJUMDAR COMMITTEE (1999)
In 1999, Tapas Majumdar Committee was set up by the NDA government. This was the committee that
recommended the insertion of Article 21A in the Indian Constitution to provide Compulsory and free
education up to the age of 14 years.
86 TH CONSTITUTIONAL AMENDMENT ACT, 2002
This Constitutional Amendment was of immense importance as it led to the insertion of Article 21A.
According to this article, the government must provide free and compulsory education to children
between the age of 6-14 years. This amendment led to the substitution of a new article for article 45 by
adding a new provision to it that focuses on the education of children below six years of age and early
childhood care. 86th Constitutional Amendment also added a clause (k) to article 51A that specifies the
duty of the parents/guardians to provide education to their children between the age of 6 to 14
years.For the betterment of society, people, and their standard of living, the Directive Principles of State
Policy (DPSP) have been put in place.These principles aim to create favorable social and economic
conditions for the citizens to have a decent standard of life.
Article 45 revolves around the necessity to impart free-of-charge education. It also talks about making
quality education compulsory for children.
Article 45 of the Indian Constitution
Article 45 of the Indian constitution is a part of the Directive Principles of State Policy (DPSP). It is
included in Part IV of the Indian Constitution.
The Directive Principles of State Policy’s Article 45 sets the groundwork for free and universal education
in the nation.
“The state shall endeavor to provide, within 10 years from the commencement of this Constitution, for
free and compulsory education for all children until they finish the age of fourteen years,” the article
declares. Article 45 acknowledges the child’s right to an education and instructs the state to make
primary education mandatory and available to everyone. Additionally, it promotes the growth of a
variety of secondary education options, such as general and vocational education, and makes them
accessible to all children.
Article 45 takes the necessary actions, such as enforcing a free education policy and offering financial aid
when necessary. The Constitution provides that the State will take upon itself the onus to provide free
as well as compulsory education for all children. This would continue till they attain fourteen years of
age. This shall be done within ten years from the inception of the Constitution.

For the enactment of the 86th Amendment of the Indian Constitution, 2022, Article 45 has been revised.
This was done to restrict its scope for providing primary education up to the age of six years.
In addition to that, the State shall make every effort to provide all children with early childhood care.
II. RTE as a Fundamental Right
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to
provide free and compulsory education of all children in the age group of six to fourteen years as a
Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free
and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged
under Article 21-A, means that every child has a right to full time elementary education of satisfactory
and equitable quality in a formal school which satisfies certain essential norms and standards.
Article 21-A and the RTE, Act came into effect on 1 April 2010. The title of the RTE Act incorporates the
words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been
admitted by his or her parents to a school which is not supported by the appropriate Government, shall
be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and
completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate
Government and local authorities to provide and ensure admission, attendance and completion of
elementary education by all children in the 6-14 age groups. With this, India has moved forward to a
rights based framework that casts a legal obligation on the Central and State Governments to
implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance
with the provisions of the RTE Act.
The RTE Act provides for the:
Right of children to free and compulsory education till completion of elementary education in a
neighborhood school.
It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free
elementary education and ensure compulsory admission, attendance and completion of elementary
education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay
any kind of fee or charges or expenses which may prevent him or her from pursuing and completing
elementary education.
It makes provisions for a non-admitted child to be admitted to an age appropriate class.
It specifies the duties and responsibilities of appropriate Governments, local authority and parents in
providing free and compulsory education, and sharing of financial and other responsibilities between
the Central and State Governments.
It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and
infrastructure, school-working days, teacher-working hours.

It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is
maintained for each school, rather than just as an average for the State or District or Block, thus
ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of
deployment of teachers for non-educational work, other than decennial census, elections to local
authority, state legislatures and parliament, and disaster relief.
It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and
academic qualifications.
It prohibits
(a) Physical punishment and mental harassment;
(b) Screening procedures for admission of children;
(c) Capitation fee;
(d) Private tuition by teachers and
(e) Running of schools without recognition,
It provides for development of curriculum in consonance with the values enshrined in the Constitution,
and which would ensure the all-round development of the child, building on the child’s knowledge,
potentiality and talent and making the child free of fear, trauma and anxiety through a system of child
friendly and child centered learning.
III. Salient features of Right to Education (RTE) Act, 2009
The RTE Act aims to provide
Primary education to all children aged 6 to 14 years.
It enforces Education as a Fundamental Right (Article 21).
The act mandates 25% reservation for disadvantaged sections of the society where disadvantaged
groups include:
SCs and STs
Socially Backward Class
Differently abled
It also makes provisions for a non-admitted child to be admitted to an age appropriate class.
It also states that sharing of financial and other responsibilities between the Central and State
Governments.

It lays down the norms and standards related to:
Pupil Teacher Ratios (PTRs)
Buildings and infrastructure
School-working days
Teacher-working hours.
It had a clause for “No Detention Policy” which has been removed under The Right of Children to Free
and Compulsory Education (Amendment) Act, 2019.
It also provides for prohibition of deployment of teachers for non-educational work, other than
decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
It provides for the appointment of teachers with the requisite entry and academic qualifications.
It prohibits
Physical punishment and mental harassment
Screening procedures for admission of children
Capitation fee
Private tuition by teachers
Running of schools without recognition
It focuses on making the child free of fear, trauma and anxiety through a system of child friendly and
child centered learning.
Achievements of Right to Education Act, 2009
The RTE Act has successfully managed to increase enrolment in the upper primary level (Class 6-8).
Stricter infrastructure norms resulted in improved school infrastructure, especially in rural areas.
More than 3.3 million students secured admission under 25% quota norms under RTE.
It made education inclusive and accessible nationwide.
Removal of “no detention policy” has brought accountability in the elementary education system.
The Government has also launched an integrated scheme, for school education named as Samagra
Shiksha Abhiyan, which subsumes the three schemes of school education:
Sarva Shiksha Abhiyan (SSA)
Rashtriya Madhyamik Shiksha Abhiyan (RMSA)
Centrally Sponsored Scheme on Teacher Education (CSSTE)

V. National Education Policy Origin-Origin and Evolution
First Five-Year Plan (1951-1956): The first National Education Policy was formulated during the first
Five-Year Plan in 1952. The policy emphasized the importance of education in national development and
focused on expanding access to education and improving the quality of education in the country.
Second Five-Year Plan (1956-1961): The second National Education Policy was formulated during the
second Five-Year Plan in 1960. The policy emphasized the need for a unified national education system
and recommended the establishment of a national system of education with a common curriculum and
examination system.
Education Commission (1964-1966): The Education Commission, also known as the Kothari Commission,
was established in 1964 to review the progress of education in India and make recommendations for the
future. The Commission’s report, published in 1966, recommended a national system of education with
a common structure and curriculum and emphasized the importance of vocational education and
teacher training.
National Policy on Education (1968): The National Policy on Education was formulated in 1968 based on
the recommendations of the Kothari Commission. The policy emphasized the need for a unified national
education system with a common structure and curriculum and emphasized the importance of
vocational education, teacher training, and adult education.
New Education Policy (1986): The New Education Policy was formulated in 1986, replacing the National
Policy on Education of 1968. The policy focuses on the need for a child-centered and activity-based
approach to learning. It also recommends the establishment of a three-tier system of education
(elementary, secondary, and higher education).
National Policy on Education (1992): The NPE was revised in 1992 to reflect the changing needs of
society. The policy emphasized the need for a flexible and diversified education system. It recommended
the establishment of a national system of vocational education and training.
National Education Policy (2020): The latest National Education Policy was formulated in 2020 after a
gap of almost three decades. The policy emphasizes the need for a holistic and multidisciplinary
approach to learning. It also recommends the establishment of a four-tier system of education
(Foundational, Preparatory, Middle, and Secondary). The policy also recommends reforms in teacher
education, curriculum development, and assessment practices, among other things.
Overall, the evolution of the National Education Policy in India reflects the changing needs of society and
the economy.
THE NATIONAL EDUCATION POLICY 2020
The National Education Policy 2020 is the recent addition to the list of comprehensive education policies
in India. It is a revolutionary step to create a holistic education system by 2030 and provides equitable
and lifelong learning opportunities for students.

NPE 2020 envisions the new education system that can meet the needs of the dynamic landscape. And it
is the first of its kind that aims to make India a global knowledge superpower.
A. The Origin
Keeping in mind the development goal of the whole country, the Indian government decided to change
the educational policy of India after 34 years. To formulate a new education policy, the Central
Government in 2017, under the chairmanship of the Kasturirangan committee, drafted the National
Education Policy 2019. In India, in July 2020, the Central Government approved the National Education
Policy 2020.It was also clarified that the Ministry of Human Resource Development has been renamed
"Ministry of Education".
B. Goals of NEP 2020
Educational policies in India have been instrumental in improving the conditions of education at the
basic level. However, recent educational policy faces the greatest challenge of all time. As announced
right in the middle of the pandemic.
Overall, the need for this policy was to improve general life skills training to develop employability skills
in students. However, the pandemic created an additional opportunity to revamp the outdated
education system.
NPE 2020 goals include bringing approximately two crores of out-of-school students back into the
mainstream system. In addition, it also aims to align the new education system with the 21st century
vision of learning.
C. The Structure and ECCE
The 10+2 schooling structure is now changed to 5+3+3+4 (covering age groups from 3 years to 18 years).
This makes Early Childhood Care and Education part of the main structure. Because previous children
from 3 to 6 years old were not included in this structure (class 1 starts at 6 years old).
Policymakers aim to invest more in early childhood care and education as millions of students in India
are deprived of ECCE. It suggests creating a framework (National Early Childhood Care and Education
Curricular and Pedagogical Framework) based on research on ECCE and best practices followed in the
industry. This will improve the quality and accessibility of ECCE throughout the country, with more
trained workers/teachers and better infrastructure.
D. Universal Access to Education
With some notable results from the Samagra Shiksha Abhiyan and the Right to Education Act, the
enrollment and retention of students at the primary levels is much better. However, the policy highlights
an area of opportunity for the upper grades where the gross enrollment rate for classes 6-8 and 9-10
was only 90.90% and 79.3% respectively. In grades 11-12 it drops even further to 56.5%.

The policy highlights the need to retain students in the upper grades. And it aims to create opportunities
for quality learning (including vocational education) from preschool through grade 12.
To do this, policymakers have drawn up two plans. The first is to support schools with the necessary
infrastructure and teaching support. And restore public schools for quality learning. The second plan is
to track students and their learning levels. To ensure student retention, the policy suggests that social
workers and counselors work closely with students and parents.
Apart from this, the policy provides for a system of incentives for the same purpose. However, this will
be done after the infrastructure and participation is established.
The policy equally supports non-formal education through options such as homeschooling, NIOS or
other alternatives (such as digital education, etc.). It recognizes alternative modes of schooling similar to
other educational policies in India.
Four steps of new education policy
a. Foundation Stage: The Foundation Stage of the New Educational Policy for children from 3 to 8 years
old is included. The Foundation Stage has been set for 5 years. In which 3 years of pre-school education
will be held in Anganwadi and class 1, 2 school education under which language skills and ability level of
students will be tested and focus on their development.
b. Preparatory Stage: The time of this stage is maintained for 3 years. This stage includes children from
8 to 11 years old. In which he will have children up to grade 5. At this stage of the new educational
policy, special attention will be paid to strengthening the numerical skills of students. At the same time,
all children will also be given knowledge of the regional language. Along with this, the children will be
taught science, art, math, etc. through experiments.
c. Middle Stage: The period of this stage has been set at 3 years. In this stage, children from 6th to 8th
grade have been included in whom the curriculum will be taught by subjects and coding will also begin
from 6th grade children. At the same time, all children will have the opportunity to take vocational tests
and vocational internships, the aim of which is to make children eligible for employment only during
school education.
d. Secondary Stage: The period of this stage is 4 years. This is from 9th to 12th grade. In this, an
intensive study of the topics will be made. Here, students can choose their subjects according to their
choice, not within a specific stream. Students can simultaneously take the subjects of Science and Arts
or Commerce.
E. Higher education
Turning the pages of the NEP-2020 we find the plan to remodel higher education in the country. It talks
about establishing renowned universities with high standards. It will establish a National Research
Foundation (NRF) to fund research at universities and colleges. The gross enrollment rate at HE,
including vocational education, will increase from the current 26.3% (2018) to 50% by 2035. Research

will be included at UG, PG level and will have a holistic and multidisciplinary educational approach.
Pedagogy in HEIs will focus on communication, presentation, discussion, debate, research, analysis, and
interdisciplinary thinking. Four-year bachelor's degree with multiple exit options, one- to two-year
master's depending on the number of years spent on the bachelor's degree as four or three respectively,
and the option to do a Ph.D. for four years Bachelor's degrees with research are possible. Two-year
master's degree with full research in the second year, one year master's degree for four-year bachelor's
degree, and five years integrated bachelor's/master's degree. Student-centered teaching and learning
process instead of the teacher-centered teaching model.
F. Curriculum for Better Student Engagement
The curricular and pedagogical structure will be restructured to adapt to the development needs of the
students. Their goal is to create a more interactive classroom with plenty of opportunities for
experiential learning. In the secondary stages, the focus will be on improving critical thinking, attention
to life aspirations, and flexibility.
G. Focus on Local Languages and Mother Tongue
The policy emphasizes instruction in the home language through grade v. High-quality textbooks must
be available in the native language.
H. Physical Education
Under the new educational policy 2020, along with the education of students, skills will also be
developed. In which all the students of the minimum class will be trained in subjects such as
Horticulture, Yoga, Music, Dance, Sports, Sculpture, etc. So baby Competent in physical activities as well
as other skills.
I. Teacher’s Recruitment
Of all the education policies in India, NEP 2020 focused more on the critical aspect of developing the
technological knowledge of teachers. It emphasized the use of online teacher training modules and with
the aim of developing online platforms for teachers to share their best practices. The policy also
addressed sensitive issues such as teacher transfers. And it aims to make the transfer process more
transparent through automated modes. In addition, TETs (Teacher Eligibility Tests) will also be
strengthened to improve the overall hiring process.
J. Education through Online Mode
Within the framework of NPE 2020, e-learning platforms will be expanded. Through the 'Digital India
Campaign', the Government of India launched various online learning platforms and tools. Platforms like
'SWAYAM', 'DIKSHA' and SWAYAMPRABHA were introduced in the system for online classes. And in the
coming years, such platforms will be further developed for students.

Post-pandemic, our recent education policy in India also addresses the challenge of the digital divide.
And to that end, policymakers are focusing on improving the use of mass media (such as radio,
television and community audio, etc.) for students who do not have enough digital support.
UNIT II- LEGAL EDUCATION
1. Meaning of Legal Education in India
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.
II. Genesis
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.
The genesis of legal education in India can be traced back to the time of British rule. During the British
colonial period, the study of law was introduced to train Indian citizens for administrative and judicial
roles in the colonial government. The first law college in India, the Faculty of Law, University of Calcutta,
was established in 1909.
Since then, the legal education system in India has evolved and expanded. Today, there are numerous
law schools and universities offering undergraduate and postgraduate programs in law across the
country. The Bar Council of India is the regulatory body responsible for ensuring the quality and
standards of legal education in India. Legal education in India combines theoretical knowledge with
practical training. Students learn about various branches of law, such as constitutional law, criminal law,
civil law, corporate law, and international law. They also undergo practical training through internships,
moot court competitions, and legal aid clinics to develop practical skills. Legal education plays a crucial

role in producing competent lawyers and legal professionals who contribute to the justice system and
uphold the rule of law in India.
Later, introduction of five years law courses and establishment of National Law University at Bangalore
have made legal education quite popular in twenty first century. At present, there were about 21
national law universities in India and about 1200 law colleges including public and private universities.
This article deals with the role of bar council of India regulating the legal education in India.
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:
1. To train students for legal profession;
2. To educate the students to solve the individual client’s problems as well as to solve the society’s
problems in which he lives;
3. To provide a centre where scholars might contribute to understanding of law and participate in
their growth and improvement;
4. To inculcate students with operative legal rules and to provide them adequate experience to
apply these rules;
5. To point the right road for future development.

Thus, legal education should aim at furnishing skills and competence, for creation and
maintenance of just society.
Importance of legal education
Legal education is a broad concept. It includes the profession which is practiced in court of law,
law teaching, law research and administration in different branches where law plays a pivotal
role. It injects a sense of equality before law. The standard of bar and bench is the reflection of
the quality and standard of the legal education acquired at the law school. Knowledge of law
increases, if one understands the affairs of the state. The importance of legal education cannot
be over- emphasized in a democratic society. It is necessary duty of everyone to know the law.
Ignorance of law cannot be excused. Thus, legal education not only produces efficient lawyers
but also creates law abiding citizens with human values and rights.

Roles of Legal Education
The main roles are −
To develop the varied knowledge and skill sets required for social tasks. This increases social mobility
and possibilities, particularly for marginalized groups.
Forming values and actions,
Understanding social challenges, and forming beliefs.
Utilizing educational resources and develop interest−based research for education and community.
III. Legal Education Statutes in India
The Bar Council of India is a statutory body that was created and established by Parliament under the
Advocates Act, 1961 to regulate the legal practice and legal education in India.It regulates legal
education and professional standards in India including directing the State Bar Councils, standardizing
law education and course framework at the universities and law colleges in India as well as conducting
the All India Bar Examination (AIBE) to grant ‘Certificate of Practice’ to advocates practicing law in India.
Structure of Bar Council of India
The Bar Council of India consists of 18 members. The Attorney General of India and the Solicitor General
of India are Ex-officio members of the council and the other 16 members represent the 16 State Bar
Councils in the country. The members are elected for five years and the chairman and vice-chairman are
elected for two years from among the members of the Bar Council of India. The Bar Council further
consists of various committees viz., Legal Education Committee, Disciplinary Committee, Executive
Committee, Legal Aid Committee, Advocates Welfare Fund Committee, Rules Committee and various
other committees’ forms to look into specific issues arising from time to time.
Functions of Bar Council of India
The following statutory functions under Section 7 of Advocates Act, 1961 cover the Bar Council’s
regulatory and representative mandate for the legal profession and legal education in India:
To lay down standards of professional conduct and etiquette for advocates
To lay down the procedure to be followed by its disciplinary committee and the disciplinary committee
of each State Bar Councils
To safeguard the rights, privileges and interests of advocates
To promote and support law reform
To deal with and dispose of any matter arising under this act, which may be referred to it by a State Bar
Council

To exercise general supervision and control over State Bar Councils
To promote legal education and to lay down standards of legal education. This is done in consultation
with the universities in India imparting legal education and the State Bar Councils
To recognize universities whose degree in law will be a qualification for enrolment as an advocate. The
Bar Council of India visits and inspects universities, or directs the State Bar Councils to visit and inspect
universities for this purpose
To conduct seminars and talks on legal topics by eminent jurists and publish journals and papers of legal
interest
To organize legal aid to the poor
To recognize on a reciprocal basis, the foreign qualifications in law obtained outside India to admission
as an advocate in India
To manage and invest the funds of the Bar Council
To provide for the election of its members who will run the Bar Councils
Committees of Bar Council of India
The Bar Council of India has various committees that make recommendations to the council. The
members of these committees are elected from amongst the members of the council. The Advocates
act, 1961 mentions the creation of a disciplinary committee under section 9, a legal education
committee and an executive committee under section 10. These three committees are as follows:
1. Disciplinary Committee
The disciplinary committee of the BCI hears the applications for revision by persons against summary
dismissal of their complaints against advocates for professional misconduct, by the State Bar Councils.
Appeals lie before the BCI against orders of the disciplinary committee of the State Bar Councils. Every
such appeal is heard by the disciplinary committee of the BCI, which may pass an order, including an
order varying the punishment awarded by the disciplinary committee of the State Bar Councils.
Each disciplinary committee consists of three members. The term of the members of this committee is
three years.
2. Legal Education Committee
The legal education committee consists of five members of the BCI and five co-opted members to
represent the judiciary, the law ministry, the UGC, and academia. The committee makes
recommendations to the BCI on all matters of legal education in the country. The committee elects its
own chairman.

The legal education committee has the power:
To make recommendations to the council for laying down the standards of legal education for
universities
To visit and inspect universities and report the results to the council.
To recommend to the Council the conditions subject to which foreign qualification in law obtained by
persons other than citizens of India may be recognized.
To recommend to the Council for recognition of any degree in law of any University in the territory of
India.
To recommend the discontinuance of recognition of any University already made by the Council.
3. Executive Committee
The executive committee is the executive authority of the council and handles giving effect to the
resolutions of the council. Members of the executive committee are elected from amongst the members
of the BCI. The committee elects its chairman and vice-chairman.
The executive committee has the power:
To manage the funds of the council
To invest the funds of the Council in the manner directed by the Council from time to time
To grant leave to the members of the staff, other than casual leave
To prescribe books of account, registers and files for the proper management of the affairs of the
Council
To appoint and supervise the work of the members of the staff and prescribe their conditions of service
To appoint auditors and fix their remuneration
To consider the annual audit report and place it before the Council with its comments for its
consideration
To maintain a library and under the directions of the Council, publish any journal, treatise or pamphlets
on legal subjects
To prepare and place before the Council, the annual administration report and the statement of account
To provide for proper annual inspection of the office and its registers
To authorise the Secretary to incur expenditure within prescribed limits
To fix travelling and other allowances to members of the committees of the Council, and to members of
the staff
To delegate to the Chairman and/or the Vice-Chairman any of its aforementioned powers

To do all other things necessary for discharging the aforesaid functions
Conclusion
The Bar Council of India played a vital role in developing and improving the legal service and legal
education in India. It was the first initiative where it provided court visits, moot courts, legal aid,
discipline, training programs for law graduates and many more. BCI has structured legal education as it
exists today. The BCI which stands as the pillar to support quality legal education should be provided
with more powers and authorities such that the Indian legal system will enhance and be cherished.
IV. Objectives/ Functions of legal education
The objectives of legal education may be multi-fold in a developing democratic country like India. They
are,
To develop research of value to education and society with the use of educational facilities.
Provide students with a comprehensive understanding of the legal system: This includes teaching
students about the sources of law, the structure of the legal system, and the processes of legal
reasoning and decision-making.
To generate different kinds of skills and knowledge needed for tasks in society.
Develop students’ legal research, writing, and advocacy skills: Legal education aims to teach students
how to research and analyze legal issues, how to communicate effectively in legal contexts, and how to
present legal arguments in writing and in court.
Encourage critical thinking and ethical behavior: Legal education aims to teach students how to think
critically about legal issues, how to consider the implications of different legal decisions, and how to
conduct themselves ethically as lawyers.
Prepare students for the legal profession: Legal education aims to prepare students for the legal
profession by providing them with the knowledge and skills necessary to practice law and pass the bar
exam.
To broaden opportunity and mobility in society– notably among groups who may have been deprived.
Foster civic responsibility and public service: Legal education can also aim to foster civic responsibility
and public service by encouraging students to use their legal knowledge and skills for the benefit of their
communities.
Provide a global perspective: Legal education can aim to provide a global perspective on the law by
exposing students to different legal systems and cultures, and by encouraging them to think about the
role of law in an increasingly interconnected world.
Promote innovation and research: Legal education can aim to promote innovation and research by
encouraging students to think about new ways of approaching legal issues, and by fostering an
environment of scholarly inquiry.

To develop perceptions and to understand the problems of one’s society and to influence values and
attitudes.
Encourage diversity and inclusion: Legal education can aim to encourage diversity and inclusion by
providing opportunities for students from different backgrounds to study and learn together, and by
promoting an understanding of the perspectives and experiences of different groups.
Importance of legal education
The concept of legal education is broad. It encompasses the profession that is exercised in a court of
law, as well as administration in various fields where the law is essential. It promotes equality before the
law.
Providing the foundation for the legal profession: Legal education provides the foundation for the legal
profession by teaching the knowledge, skills, and values necessary for the practice of law.
Ensuring access to justice: Legal education is essential for ensuring access to justice, as it trains the
individuals who will provide legal services and represent clients in court.
Promoting the rule of law: Legal education plays a crucial role in promoting the rule of law, by educating
individuals about the legal system and their rights and responsibilities as citizens.
Facilitating economic and social development: Legal education is important for facilitating economic
and social development, as it enables individuals to understand and navigate the legal system and to
participate in creating laws and policies.
Encouraging critical thinking: Legal education encourages critical thinking and problem-solving skills,
which are essential for analyzing complex legal issues and making informed decisions.
Providing a vehicle for social change: Legal education can be a vehicle for social change, by training
individuals to advocate for marginalized groups and to work towards a more just society.
Encouraging professionalism and ethical behavior: Legal education promotes professionalism and
ethical behavior among lawyers, which is important for maintaining the integrity of the legal profession
and ensuring that justice is served.
Fostering global understanding: Legal education can foster global understanding by exposing students
to different legal systems and cultures, and by encouraging them to think about the role of law in an
increasingly interconnected world.
The caliber and standard of the legal education received at law school are reflected in the bar and
bench. If one is aware of state affairs, one is better equipped to understand the law. In a democratic
society, the value of legal education cannot be overstated. Everyone has a responsibility to be aware of
the law. Law-related ignorance is not an excuse. As a result, legal education not only creates influential
lawyers but also law-abiding citizens with respect for human rights

Unit III- University Education & Law
I Academic Freedom vis-à-vis Government Control
Academic freedom refers to the freedom of scholars and researchers to pursue their research and
teaching without interference or censorship from external sources. It is a fundamental principle of
higher education that allows scholars to explore new ideas, challenge existing theories, and engage in
critical inquiry. However, academic freedom is not absolute. Scholars and researchers have a
responsibility to ensure that their work is conducted ethically and with integrity. They must adhere to
the highest standards of academic rigor and intellectual honesty, and they must be accountable for their
research and teaching. Accountability in academia refers to the responsibility of scholars and
researchers to ensure that their work is conducted in a manner that is consistent with the principles of
academic integrity and ethical conduct. This includes ensuring that their research is conducted in a
transparent and rigorous manner, that their findings are accurately reported, and that they do not
engage in plagiarism or other forms of academic misconduct. In short, academic freedom and
accountability are two sides of the same coin. While scholars and researchers must be free to pursue
their research and teaching without interference, they must also be accountable for their work and
ensure that it is conducted with integrity and in accordance with the highest standards of academic
rigor.
History
Academic freedom in India has a long and complex history, shaped by a variety of political, social, and
cultural factors. The concept of academic freedom is closely linked to the idea of free speech and the
right to express one's opinions without fear of censorship or persecution. One of the earliest examples
of academic freedom in India can be traced back to the ancient universities of Nalanda and Takshashila,
which were renowned centers of learning and scholarship. These institutions provided a platform for
scholars to engage in intellectual discourse and debate, free from political or religious interference.
During the colonial period, academic freedom was severely curtailed by the British authorities, who
sought to control the flow of information and ideas. Many Indian scholars and intellectuals were
subjected to censorship and persecution for their political views, and the colonial government often
used its power to suppress dissenting voices. After independence, India's constitution enshrined the
right to free speech and expression as a fundamental right, and academic freedom was seen as an
essential component of this broader commitment to democratic values. However, in practice, academic
freedom has often been compromised by political interference, censorship, and the influence of
powerful interest groups. In recent years, there have been several high-profile cases of academic

censorship and persecution in India, including the arrest of student activists for their political views, the
harassment of scholars for their research on sensitive topics, and the imposition of ideological
restrictions on academic institutions. Despite these challenges, many Indian scholars and intellectuals
continue to advocate for academic freedom and the right to free expression, and there are ongoing
efforts to strengthen legal protections for these fundamental rights.
Importance
Academic freedom is of utmost importance for several reasons:
1. Pursuit of knowledge: Academic freedom allows scholars and researchers to explore new ideas,
theories, and perspectives without fear of censorship or retribution. It encourages intellectual curiosity
and the pursuit of truth, leading to advancements in various fields of study.
2. Critical thinking: Academic freedom fosters an environment where individuals can engage in critical
thinking and challenge existing knowledge. It encourages students and scholars to question established
beliefs, theories, and practices, leading to a deeper understanding of complex issues.
3. Innovation and progress: Academic freedom provides the necessary space for innovation and
progress. It allows researchers to experiment, take risks, and propose unconventional ideas, which can
lead to groundbreaking discoveries and advancements in science, technology, and other disciplines.
4. Diversity and inclusivity: Academic freedom promotes diversity of thought and inclusivity by allowing
individuals from different backgrounds, cultures, and perspectives to contribute to the academic
discourse. It ensures that a wide range of ideas and viewpoints are considered, leading to a more
comprehensive understanding of complex issues.
5. Social and political impact: Academic freedom plays a crucial role in shaping society and influencing
public policy. Scholars and researchers have the freedom to engage in public debates, offer expert
opinions, and contribute to policy discussions, which can have a significant impact on social, economic,
and political issues.
6. Protection of human rights: Academic freedom is closely linked to the protection of human rights,
including freedom of expression and freedom of thought. It allows individuals to express their ideas,
beliefs, and opinions without fear of persecution or discrimination, ensuring a democratic and inclusive
society. In summary, academic freedom is essential for the pursuit of knowledge, critical thinking,
innovation, diversity, inclusivity, social impact, and the protection of human rights. It is a fundamental
principle that underpins the functioning of universities, research institutions, and the broader academic
community.

II. University Autonomy vis-a-vis Government control
University autonomy refers to the independence and self-governance of universities in making key
decisions related to academic matters, institutional policies, and overall management. Government
control, on the other hand, implies the extent to which governments exercise authority and influence
over universities in terms of funding, regulations, and policy-making. The level of university autonomy
can vary significantly from one country to another and even within a single country's higher education
system. Several factors influence this relationship, including the legal framework, cultural and political
context, and historical traditions.
In some countries, universities enjoy a high degree of autonomy, where they have the freedom to
develop and deliver educational programs, decide admission criteria, hire faculty, determine curricula,
and award degrees. These universities often have their own internal governance structures, such as
senates or boards of trustees, which make decisions independent of direct government control.
In contrast, in countries with relatively lower university autonomy, governments may exercise more
control over key aspects of higher education. This control can manifest in various ways, such as direct
government appointments to university leadership positions, strict regulations on curriculum content, or
financial constraints imposed through government funding mechanisms. In such cases, universities may
have limited freedom to make decisions regarding resource allocation, faculty hiring, or program
development.
The balance between university autonomy and government control is a matter of ongoing debate and
can have both advantages and disadvantages. Autonomy allows universities to adapt to changing
societal needs, pursue academic excellence, promote innovation, and foster diversity of thought. On the
other hand, government control can help ensure accountability, promote equity, align university
priorities with national development goals, and protect against potential abuses of autonomy. Finding
the right balance is crucial to maintaining a vibrant and responsive higher education sector.
Governments must provide an enabling environment that respects academic freedom, encourages
university autonomy, and safeguards against undue political or ideological interference. At the same
time, universities should be accountable and transparent in their operations, ensuring that public
resources are used efficiently and effectively to advance the broader public interest. Ultimately,
achieving an optimal balance between university autonomy and government control requires thoughtful
dialogue, collaboration, and a shared understanding of the respective roles and responsibilities of
universities and governments in advancing higher education and societal well-being.

III. Concerns of University Education
There are several concerns regarding university education in India. Some of the major concerns include:
1. Quality of education: Many universities in India suffer from a lack of quality education. Outdated
curriculum, inadequate infrastructure, and a shortage of qualified faculty members contribute to this
concern. This results in graduates who are not adequately prepared for the job market.
2. Employability: Despite the large number of graduates in India, there is a significant gap between the
skills possessed by graduates and the skills required by employers. This mismatch leads to high
unemployment rates among educated youth.
3. Research and innovation: Indian universities lag behind in terms of research and innovation. Limited
funding, lack of collaboration between academia and industry, and a focus on rote learning rather than
critical thinking hinder the development of a strong research culture.
4. Affordability and accessibility: Higher education in India is often expensive, making it inaccessible to
many deserving students. This leads to a limited pool of talent and perpetuates socio-economic
disparities.
5. Gender disparity: There is a significant gender disparity in higher education in India. Women face
various barriers, including societal norms, safety concerns, and limited access to resources, which hinder
their participation and success in higher education.
6. Lack of autonomy: Many universities in India lack autonomy and are heavily regulated by government
bodies. This restricts their ability to make independent decisions regarding curriculum, faculty
appointments, and administrative matters.
7. Brain drain: India faces a significant brain drain as talented students often choose to pursue higher
education abroad due to the perceived lack of opportunities and quality education in the country. This
drains the country of its intellectual capital. Addressing these concerns requires significant reforms in
the education system, including curriculum updates, investment in infrastructure and research,
promoting industry-academia collaboration, ensuring affordability and accessibility, and empowering
universities with more autonomy.
Iv. Role of Law for the Ailment of University Education
The role of law in the ailment of university education is crucial in ensuring that educational institutions
operate in a fair and equitable manner. Here are some key aspects of the role of law in university
education:

1. Regulation and Accreditation: Laws and regulations govern the establishment, operation, and
accreditation of universities. These laws ensure that universities meet certain standards of quality and
maintain academic integrity. Accreditation bodies, often mandated by law, evaluate universities to
ensure they meet these standards.
2. Student Rights and Protections: Laws protect the rights and interests of students, ensuring fair
treatment and preventing discrimination. These laws cover areas such as admissions, tuition fees,
financial aid, academic policies, grading, disciplinary procedures, and student privacy rights.
3. Curriculum and Academic Freedom: Laws play a role in defining the curriculum and ensuring
academic freedom. While universities have the autonomy to design their programs, laws may set certain
requirements or guidelines to ensure a well-rounded education. Additionally, laws protect academic
freedom, allowing professors and researchers to pursue their work without undue interference.
4. Access and Affordability: Laws can address issues of access and affordability in university education.
They may establish policies to promote equal opportunities for underrepresented groups, provide
financial aid programs, regulate tuition fees, and protect students from predatory practices by
educational institutions.
5. Intellectual Property and Research: Laws protect intellectual property rights, ensuring that
universities and researchers can benefit from their discoveries and innovations. These laws encourage
innovation, research collaboration, and the dissemination of knowledge. Health and Safety: Laws
mandate health and safety standards in educational institutions, including universities. They require
universities to provide a safe and healthy environment for students, faculty, and staff, addressing issues
such as building safety, emergency preparedness, and campus security.
Overall, the role of law in university education is to establish a framework that promotes quality,
fairness, access, and accountability. It ensures that universities operate in the best interests of students,
faculty, and society as a whole.
Unit IV – Indian Educational System
I. Legal Obligation of Educational Institutions
Right to Education: The Right of Children to Free and Compulsory Education Act, 2009 mandates that
every child between the ages of 6 and 14 years has the right to free and compulsory education.
Educational institutions must ensure that they do not discriminate against any child based on their
gender, caste, religion, or economic status.

Safety and Security: Educational institutions have a legal obligation to ensure the safety and security of
their students. They must have adequate measures in place to prevent any kind of physical or emotional
harm to students. This includes measures such as installing CCTV cameras, having a proper boundary
wall, and conducting background checks on staff.
Affiliation and Accreditation: Educational institutions must obtain the necessary affiliation and
accreditation from the appropriate regulatory bodies. For example, schools must be affiliated with the
Central Board of Secondary Education (CBSE) or the Indian Certificate of Secondary Education (ICSE) to
be recognized as legitimate institutions.
Anti-Discrimination: Educational institutions must not discriminate against any student or staff member
based on their gender, caste, religion, or economic status. They must provide equal opportunities to all
students and staff members.
Sexual Harassment: Educational institutions must have a Sexual Harassment Prevention Committee
(SHPC) in place to address any complaints of sexual harassment. They must also conduct regular
awareness programs to educate students and staff members about sexual harassment and how to
prevent it.
Financial Transparency: Educational institutions must maintain financial transparency and disclose their
financial statements to the appropriate regulatory bodies. They must also ensure that they do not
charge any fees that are not authorized by the regulatory bodies.
Quality of Education: Educational institutions have a legal obligation to provide quality education to
their students. They must follow the curriculum prescribed by the regulatory bodies and ensure that
their teachers are qualified and trained to teach the subjects.
Duties of Educational Institutions
The appropriate Government and the local authorities shall endeavor that all educational institutions
funded or recognised by them provide inclusive education to the children with disabilities and towards
that end shall
(i) Admit them without discrimination and provide education and opportunities for sports and
recreation activities equally with others;
(ii) Make building, campus and various facilities accessible;
(iii) Provide reasonable accommodation according to the individual's requirements;
(iv) Provide necessary support individualized or otherwise in environments that maximize academic and
social development consistent with the goal of full inclusion;
(v) ensure that the education to persons who are blind or deaf or both is imparted in the most
appropriate languages and modes and means of communication;

(vi) Detect specific learning disabilities in children at the earliest and take suitable pedagogical and
other measures to overcome them;
(vii) Monitor participation, progress in terms of attainment level and completion of education in respect
of every student with disability;
(viii) Provide transportation facilities to the children with disabilities and also the attendant of the
children with disabilities having high support needs.
II. Rules for teachers
1. Teachers must possess the necessary qualifications and certifications required by the education
system.
2. Teachers should have a good understanding of the subject matter they are teaching and should
continuously update their knowledge and skills.
3. Teachers should create a positive and inclusive learning environment where all students feel valued
and respected.
4. Teachers should plan and deliver lessons effectively, ensuring that they cater to the diverse learning
needs of students.
5. Teachers should use appropriate teaching methods and resources to engage students and facilitate
their understanding of the subject matter.
6. Teachers should assess students' progress regularly and provide constructive feedback to help them
improve.
7. Teachers should maintain professional conduct and adhere to ethical standards, treating all students
fairly and impartially.
8. Teachers should collaborate with colleagues and parents to support students' overall development
and well-being.
9. Teachers should participate in professional development activities to enhance their teaching skills and
stay updated with the latest educational practices.
10. Teachers should uphold the values and principles of the Indian education system, promoting
national integration, secularism, and social harmony. It is important to note that these rules may vary
slightly depending on the specific state or educational institution within the Indian education system.
III. Legal Obligations of Students

1. Attendance: Students are required to attend classes regularly as per the rules and regulations of their
educational institution.
2. Academic Integrity: Students are expected to maintain academic integrity by not engaging in
plagiarism, cheating, or any other form of academic misconduct.
3. Disciplinary Code: Students are required to follow the disciplinary code of their educational
institution and may face disciplinary action if they violate any rules.
4. Safety and Security: Students are expected to maintain a safe and secure environment in their
educational institution and report any incidents of violence, harassment, or discrimination.
5. Copyright Laws: Students are required to follow copyright laws and not use copyrighted material
without permission or proper attribution.
6. Cyber Laws: Students are required to follow cyber laws and not engage in any illegal activities online,
such as hacking or cyberbullying.It is important for students to be aware of their legal obligations and
responsibilities to avoid any legal consequences.
IV. Educational literature and copyright law
Educational literature is subject to copyright law, just like any other form of creative work. Copyright law
protects the rights of the author or creator of a work, including the right to reproduce, distribute, and
display the work. In the context of educational literature, copyright law can impact how teachers and
students use and share materials. For example, teachers may need to obtain permission from the
copyright holder before making copies of a book or article to distribute to their students. Similarly,
students may need to be aware of copyright restrictions when creating projects or presentations that
incorporate copyrighted materials. There are some exceptions to copyright law that may apply to
educational literature. For example, the fair use doctrine allows for limited use of copyrighted materials
for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
However, the application of fair use can be complex and depends on factors such as the purpose and
nature of the use, the amount and substantiality of the portion used, and the effect on the potential
market for the copyrighted work. Overall, it is important for educators and students to be aware of
copyright law and to ensure that they are using materials in a legal and ethical manner.

V. Health and safety standards for educational institutions
The health and safety standards for educational institutions in India are governed by various laws and
regulations. The following are some of the key guidelines and regulations that educational institutions in
India must comply with:
1. The National Building Code of India (NBC): The NBC provides guidelines for the design and
construction of buildings, including educational institutions. It covers aspects such as ventilation,
lighting, fire safety, and sanitation.
2.The Fire Safety Act: This act mandates that all educational institutions must have adequate fire safety
measures in place, including fire extinguishers, smoke detectors, and fire alarms.
3. The Food Safety and Standards Act: This act regulates the quality and safety of food served in
educational institutions. It mandates that all food served in educational institutions must be safe and
hygienic.
4. The Water (Prevention and Control of Pollution) Act: This act mandates that educational institutions
must ensure that the water they use is safe and free from pollutants.
5. The Air (Prevention and Control of Pollution) Act: This act mandates that educational institutions
must ensure that the air they breathe is clean and free from pollutants.
6. The Occupational Safety and Health Act: This act mandates that educational institutions must
provide a safe and healthy working environment for their employees.
7. The Right to Education Act: This act mandates that all educational institutions must provide a safe
and conducive learning environment for their students. In addition to these regulations, educational
institutions in India must also conduct regular safety audits and inspections to ensure that they are
complying with all relevant health and safety standards.
Unit V Education in Changing Scenario
1. Rules of GATS and Education
The General Agreement on Trade in Services (GATS) is a treaty administered by the World Trade
Organization (WTO) that sets out rules for international trade in services. While GATS does not
specifically address education services, it does have implications for the trade of educational services.
Here are some key rules of GATS that may be relevant to education:
1. Most-Favored-Nation (MFN) Treatment: Under GATS, countries must extend the same favorable
treatment to all member countries that they extend to any other member country. This means that if a
country provides certain benefits or concessions to one member country in the field of education, it
must also provide the same benefits to all other member countries.

2. National Treatment: GATS also requires countries to treat Foreign Service providers no less favorably
than their own domestic service providers. This principle ensures that foreign educational service
providers are not discriminated against in favor of domestic providers.
3. Market Access: GATS aims to promote market access for Foreign Service providers. Countries are
encouraged to reduce barriers to trade in services, including in the education sector, by removing
restrictions on foreign providers' ability to establish and operate educational institutions or deliver
educational services.
4. Regulatory Transparency: GATS encourages member countries to ensure transparency in their

regulatory frameworks for services, including education. This includes providing information about
licensing requirements, qualifications, and procedures for Foreign Service providers.
5. Exceptions and Flexibilities: GATS allows countries to maintain certain exceptions and flexibilities to
protect their domestic policy objectives. This means that countries can adopt measures to ensure the
quality of education, protect public morals, or maintain public order, even if these measures may restrict
trade in educational services. It is important to note that GATS does not require countries to liberalize
their education sectors or privatize education. Each country has the right to determine its own level of
liberalization and the extent to which it allows foreign participation in its education system. Overall,
GATS provides a framework for countries to negotiate and regulate the trade of services, including
education, while also allowing for the protection of domestic policy objectives.
II: National Knowledge Commission: Major recommendations:
The National Knowledge Commission (NKC) was an advisory body established by the Government of
India in 2005. Its main objective was to provide recommendations and advice on policies and reforms
related to education, research, and knowledge creation in India. The commission aimed to improve the
quality of education, promote innovation, and enhance the country's knowledge base. It conducted
research, consultations, and studies to identify areas of improvement and suggest measures to bridge
the gaps in the education system. The NKC submitted several reports and recommendations to the
government, which were considered in the formulation of policies and initiatives in the education
sector. The commission was dissolved in 2009, but its work and recommendations continue to influence
education policies in India.
1. Education: The commission recommended the creation of a National Knowledge Network to connect
all educational institutions in the country. It also suggested the establishment of a National Knowledge
Commission to oversee the development of education in the country.

2. Research and Development: The commission recommended the establishment of a National
Innovation Foundation to promote innovation and entrepreneurship in the country. It also suggested
the creation of a National Science and Technology Fund to support research and development activities.
3. Information and Communication Technology: The commission recommended the creation of a

National Information and Communication Technology Policy to promote the use of technology in various
sectors of the economy. It also suggested the establishment of a National Knowledge Portal to provide
access to information and knowledge resources.
4. Agriculture: The commission recommended the creation of a National Agricultural Innovation Fund to
support research and development activities in the agriculture sector. It also suggested the
establishment of a National Agricultural Knowledge Commission to oversee the development of the
sector.
5. Health: The commission recommended the creation of a National Health Knowledge Commission to
oversee the development of the health sector. It also suggested the establishment of a National Health
Information Network to provide access to health information and knowledge resources.
6. Environment: The commission recommended the creation of a National Environmental Knowledge

Commission to oversee the development of the environment sector. It also suggested the establishment
of a National Environmental Information Network to provide access to environmental information and
knowledge resources.
7. Governance: The commission recommended the creation of a National Governance Knowledge

Commission to oversee the development of the governance sector. It also suggested the establishment
of a National Governance Information Network to provide access to governance information and
knowledge resources.
III. BCI Rules on Legal Education, 2008
The BCI (Bar Council of India) Rules on Legal Education 2008 are a set of regulations that govern the
standards and requirements for legal education in India. These rules were formulated by the Bar Council
of India, which is the regulatory body for legal education and the legal profession in the country. Some
key provisions of the BCI Rules on Legal Education 2008 include:
1. Approval of law schools: The rules lay down the criteria and process for the approval of law schools
and the establishment of new law colleges. It sets out the minimum infrastructure, faculty, and library
requirements for a law school to be recognized by the BCI.
2. Curriculum and course structure: The rules prescribe the minimum curriculum and course structure
for the 5-year integrated LLB program and the 3-year LLB program. It includes subjects like constitutional
law, criminal law, contract law, and legal research.

3. Faculty requirements: The rules specify the qualifications and experience required for faculty
members teaching in law schools. It sets out the minimum qualifications for professors, associate
professors, and assistant professors.
4. Student intake and admission process: The rules provide guidelines for the intake of students in law
schools and the admission process. It sets out the eligibility criteria, reservation policies, and the
procedure for conducting entrance exams.
5. Library and infrastructure: The rules lay down the minimum requirements for law school libraries,
including the number of books, journals, and online resources that should be available to students. It
also sets out the infrastructure requirements, such as classrooms, moot court halls, and computer labs.
6. Clinical legal education: The rules emphasize the importance of practical training and clinical legal
education. It requires law schools to provide opportunities for students to engage in legal aid clinics,
internships, and moot court competitions.
7. Bar examination: The rules introduce a mandatory bar examination for law graduates before they can
practice law. It sets out the syllabus and format of the examination, which tests the knowledge and skills
of the candidates.
These rules aim to ensure that legal education in India meets the required standards and produces
competent and ethical legal professionals. They are periodically reviewed and updated by the Bar
Council of India to keep up with the changing needs of the legal profession.
References:
I. Legal Education in India by Dr. G.P Tripathi

II. The Right to Education in India by Dr.Ashok Kumar and Dr. Rajeev Sagar
III. YouTube
IV. Legal Education & the Ethics of Legal Profession in India by Prof.Anirudh Prasad
V. Online Sources
VI. University Lectures

Education Law by Malik Aamir SLC 2023

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UNIT I – Right to Education- A Constitutional Perspective

I. RTE under Directive Principle of State Policy

Mohini Jain v State of Karnataka & others (CAPITATION FEE CASE)

By Malik Aamir, Lecturer Sopore Law College

TAPAS MAJUMDAR COMMITTEE (1999)

86 TH CONSTITUTIONAL AMENDMENT ACT, 2002

Article 45 of the Indian Constitution

By Malik Aamir, Lecturer Sopore Law College

II. RTE as a Fundamental Right

The RTE Act provides for the:

It makes provisions for a non-admitted child to be admitted to an age appropriate class.

By Malik Aamir, Lecturer Sopore Law College

(a) Physical punishment and mental harassment;

(b) Screening procedures for admission of children;

(c) Capitation fee;

(d) Private tuition by teachers and

(e) Running of schools without recognition,

III. Salient features of Right to Education (RTE) Act, 2009

The RTE Act aims to provide

Primary education to all children aged 6 to 14 years.

It enforces Education as a Fundamental Right (Article 21).

SCs and STs

Socially Backward Class

By Malik Aamir, Lecturer Sopore Law College

Pupil Teacher Ratios (PTRs)

Buildings and infrastructure

Physical punishment and mental harassment

Screening procedures for admission of children

Private tuition by teachers

Running of schools without recognition

Achievements of Right to Education Act, 2009

Sarva Shiksha Abhiyan (SSA)

Rashtriya Madhyamik Shiksha Abhiyan (RMSA)

Centrally Sponsored Scheme on Teacher Education (CSSTE)

By Malik Aamir, Lecturer Sopore Law College

THE NATIONAL EDUCATION POLICY 2020

By Malik Aamir, Lecturer Sopore Law College

B. Goals of NEP 2020

C. The Structure and ECCE

D. Universal Access to Education

By Malik Aamir, Lecturer Sopore Law College

Four steps of new education policy

By Malik Aamir, Lecturer Sopore Law College

F. Curriculum for Better Student Engagement

G. Focus on Local Languages and Mother Tongue

J. Education through Online Mode

By Malik Aamir, Lecturer Sopore Law College

UNIT II- LEGAL EDUCATION

1. Meaning of Legal Education in India

By Malik Aamir, Lecturer Sopore Law College

Aims of Legal Education

1. To train students for legal profession;

5. To point the right road for future development.

Importance of legal education

By Malik Aamir, Lecturer Sopore Law College

The main roles are −

Forming values and actions,

Understanding social challenges, and forming beliefs.

III. Legal Education Statutes in India

Structure of Bar Council of India

Functions of Bar Council of India

To lay down standards of professional conduct and etiquette for advocates