PRIVATIZATION IN LEGAL

EDUCATION

A Project Submitted To

ARMY INSTITUTE OF LAW, MOHALI

In the Partial Fulfilment of The Requirement for the

Award of Degree of B.A.LLB.

Submitted to: Submitted by:

Dr. Harpreet Kaur Lakshita Mehta
Assistant Professor of Law 2069

Punjabi University, Patiala,

Punjab Submission Year:
January – May 2024
DECLARATION

It is certified that the project work presented in this report entitled “PRIVATIZATION IN
LEGAL EDUCATION” embodies the result of original research work carried out by me. All
the ideas and references have been duly acknowledged.

LAKSHITA MEHTA
2069
ACKNOWLEDGEMENT

In preparation of my assignment, I had to take the help and guidance of some respected
persons, who deserve my deepest gratitude. As the completion of this assignment gave me
much pleasure, I would like to show my gratitude towards Dr. Harpreet Kaur for giving me
guidance for assignment throughout numerous consultations. I would also like to extend my
gratitude to all those who have directly and indirectly guided me in writing this assignment.

I would like to thank my family and peers, whose constant encouragement kept me motivated
to work towards the completion of this project. I would also like to extend my gratitude
towards Army Institute of Law, Mohali and Dr. Tejinder Kaur, the Principal, Army Institute
of Law, Mohali for giving me this golden opportunity of making a project on such an
interesting and engaging topic.

Thanks again to all those who helped me.

 INDEX

DECLARATION .............................................................................................................................. 2

ACKNOWLEDGEMENT ................................................................................................................. 3

INDEX .............................................................................................................................................. 4

INTRODUCTION............................................................................................................................. 5

PURPOSE OF LEGAL EDUCATION .............................................................................................. 5

OBJECTIVE OF PRIVATIZATION OF EDUCATION IN INDIA ................................................... 6

MEANING OF PRIVITISATION IN INDIA .................................................................................... 6

HISTORICAL DEVELOPMENT OF PRIVITISATION OF LEGAL EDUCATION ................ Error!

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FACTORS RESPONSIBLE FOR PRIVATISATION ........................................................................ 7

MERITS OF PRIVATISATION OF LEGAL EDUCATION IN INDIA ............................................ 9

DEMERITS OF PRIVATISATION OF LEGAL EDUCATION IN INDIA ..................................... 10

SUGGESTIONS ............................................................................................................................. 11

CONCLUSION ............................................................................................................................... 12

REFERENCES................................................................................................................................ 13
INTRODUCTION

Education plays a vital role in bringing out social change. As a potential instrument and a
powerful medium of bringing changes in the society it enables drawing out of the best in the
body, mind and spirit of child and man. It equips an individual with ability to understand and
reflect upon knowledge and processes and to act in a responsible manner. The purpose of
education is to impart knowledge to dispel ignorance. Ignorance is the mother of all the evil
and all the misery we see. Education is a liberating force to get rid of such miseries. Proper
education of the people helps to cure their miseries. The purposes of higher education are
several folds. They relate to growth and development of student, the discovery and
refinement of knowledge, and social impacts on the community.

PURPOSE OF LEGAL EDUCATION

Legal education is a species of main stream education involving the study of law. It
inculcates the ability to make use of law, to analyze it and to criticize it as a member of the
legal community. It focuses on the individual freedom as also on the development of society,
solidarity and strengthening of rule of law. The progress of 1 high quality legal education is a
prerequisite to high quality legal practitioners. Law is the guardian and vindicator of justice
and liberty. Legal education involves the education of laws generally to lawyers before entry
into law profession. Law of a society is the standard of its social values The need to assess
and revise the curricula and methodologies of law courses with an objective to upgrade them
for meeting the new challenges and the needs of the society is felt worldwide. Legal
education may serve the society by imparting to law students general and cultural education
making them good law abiding citizens.

The Supreme Court in Hoskot's case held that even so we uphold the right to counsel not in
the permissive sense of Article 22(1) but in the peremptory sense of the Article 21 confined
to prison situations. The legal assistance to a poor or indigent accused who is arrested and put
in jeopardy of his life or personal liberty is a constitutional imperative mandated not only
under Article 39-A but also by Articles 14 and 21 of the Constitution. It is sine qua non of
justice and where it is not provided, injustice is likely to result and undeniably every act of
injustice corrodes the foundations of democracy and rule of law. In a democracy the
machinery of justice must be readily accessible to all. Equality before law and equal
protection of law guaranteed by our Constitution will merely be a formality.
OBJECTIVE OF PRIVATIZATION OF EDUCATION IN INDIA

 Providing Quality Education

 Promotion of technological advancement
 Reducing gap between Industry and Education
 Achieving widespread private ownerships in the society and reduce the burden of
Government.
 Providing education in remote area and small urban area.
 Generating highly skill personnel for development in India.
 Meet the education for International Standards.

MEANING OF PRIVITISATION IN INDIA

The term privatization of Education refers to many different educational programs and
policies. It is a process which can be defined as the transfer of activities, assets and
responsibility from Government, Public Institutions and organizations to private individual
and agencies. Education is the most important and powerful tool invented by mankind to
mould himself for his life.

It is the important source of employment, income and standard of living. So everyone gives
importance to higher education. Consequently demand for higher education has been
increased. To meet the demand for higher education in India, there is establishment of private
colleges, autonomous colleges, deemed universities and private Universities. Even the
number of self financed colleges of engineering and medical stream have been increased. It
also increased the gap between demand and supply of Higher Education.

HISTORICAL DEVELOPMENT OF PRIVITISATION OF LEGAL

EDUCATION

The privatization of legal education in India has been a significant development in the
country's education sector, especially since the late 20th century. Here's a brief historical
background of the privatization of legal education in India:
 1) Pre-Independence Era (Before 1947):

Before India gained independence in 1947, legal education was primarily provided by a few
government-run law schools like the Doon School, Government Law College in Mumbai and
the University of Calcutta's law department. The emphasis was on producing lawyers for the
colonial administration rather than on expanding legal education to meet societal needs.

2) Post-Independence Era (1947-1990s):

After independence, there was an increased demand for legal professionals to serve in various
capacities, including the judiciary, legal practice, and academia. The government took steps
to expand legal education by establishing new law colleges and universities. However, the
growth was relatively slow, and the number of seats was limited compared to the increasing
demand.

3) Economic Liberalization (1991 Onwards):

In the 1990s, India embarked on a path of economic liberalization and reforms, which led to
significant changes in various sectors, including education. The government started
encouraging private participation in education to address the growing demand and improve
the quality of education. This policy shift had a profound impact on legal education as well.

4) Private Universities and Law Colleges (1990s Onwards):

With the introduction of the National Law School of India University (NLSIU) in Bangalore
in 1987, which was a public institution, there was a paradigm shift in legal education.
Inspired by NLSIU's success, many private universities and institutions started offering law
courses. The emergence of the Bar Council of India (BCI) recognition and the establishment
of the BCI rules for setting up law colleges further facilitated the growth of private law
colleges in India.

FACTORS RESPONSIBLE FOR PRIVATISATION

The privatization of legal education in India has been influenced by various factors over the
years. Here are some of the key factors responsible for the privatization of legal education:

1. Increasing Demand for Legal Professionals: As India's economy grew and

diversified, there was a significant increase in the demand for legal professionals to
 serve in various sectors such as corporate law, intellectual property rights,
international law, and human rights, among others. This demand created an
opportunity for private institutions to cater to the growing need for legal education.

2. Limited Seats in Government Institutions: The limited number of seats available in

government-run law colleges and universities could not meet the rising demand for
legal education. This gap between demand and supply paved the way for private
institutions to fill the void and offer more opportunities for aspiring law students.

3. Economic Liberalization and Globalization: The economic liberalization policies

initiated in the early 1990s opened up India's economy to global markets and foreign
investments. This led to an increased emphasis on corporate governance, compliance,
and legal frameworks, creating a demand for well-trained legal professionals. Private
institutions capitalized on these opportunities by offering specialized courses catering
to the needs of the globalized economy.

4. Government's Encouragement for Private Participation: Recognizing the need to

expand higher education and improve its quality, the government encouraged private
participation in education through policies and regulatory frameworks. This
encouragement provided a conducive environment for the establishment of private
law colleges and universities.

5. Technological Advancements: Technological advancements, such as online

education platforms and digital learning tools, have made it easier for private
institutions to deliver legal education efficiently. These technological tools have
enabled institutions to reach a wider audience and offer flexible learning options,
thereby attracting more students.

6. Diversification of Legal Education: Private institutions have been more proactive in

diversifying legal education by offering specialized courses, interdisciplinary
programs, and experiential learning opportunities. This diversification has made legal
education more relevant and aligned with the evolving needs of the legal profession
and society.

7. Financial Viability and Entrepreneurial Opportunities: The increasing

commercialization of legal education has made it financially viable for private
institutions to invest in infrastructure, faculty development, and research facilities.
 Moreover, legal education has become an attractive entrepreneurial opportunity for
private investors and educational entrepreneurs.

MERITS OF PRIVATISATION OF LEGAL EDUCATION IN INDIA

Privatization of legal education in India has brought about several merits, contributing to the
growth and enhancement of the legal education landscape in the country. Some of the key
merits of privatization of legal education in India include:

1. Expansion of Access: Privatization has led to a significant increase in the number of

law colleges and universities across India. This expansion has provided more
opportunities for students to pursue legal education, thereby increasing access and
reducing the geographical constraints previously associated with studying law.

2. Diversity of Courses: Private institutions often introduce a variety of specialized

courses and programs in legal studies, catering to the diverse interests and needs of
students. This diversity allows students to explore various areas of law, including
corporate law, intellectual property law, human rights law, and more, providing them
with a broader range of career options.

3. Infrastructure and Facilities: Many private institutions invest heavily in

infrastructure, technology, and facilities to provide a conducive learning environment
for students. This includes modern classrooms, libraries, moot courtrooms, research
centers, and online resources, enhancing the overall learning experience.

4. Innovative Teaching Methods: Private institutions often adopt innovative teaching

methods, including interactive lectures, case-based learning, clinical legal education,
and experiential learning opportunities. These methods help students develop practical
skills, critical thinking abilities, and a deeper understanding of legal principles and
practices.

5. Industry Partnerships and Collaborations: Private law colleges and universities

frequently establish partnerships with law firms, corporate houses, legal professionals,
and international institutions. These collaborations provide students with
opportunities for internships, placements, guest lectures, and exposure to real-world
legal scenarios, enhancing their employability and professional development.
 6. Flexible Curriculum: Private institutions have the flexibility to update and revise
their curriculum regularly, incorporating contemporary legal issues, global trends, and
emerging areas of law. This adaptability ensures that students receive education that is
relevant, up-to-date, and aligned with the evolving demands of the legal profession.

7. Competitive Environment: The presence of private institutions has fostered a

competitive environment in the legal education sector, encouraging institutions to
strive for excellence, improve quality standards, and innovate in their offerings. This
competition has ultimately benefited students by raising the overall quality of legal
education in India.

DEMERITS OF PRIVATISATION OF LEGAL EDUCATION IN INDIA

The privatization of legal education in India has brought about various benefits, such as
increased accessibility and diversity in the legal profession. However, it has also led to
several demerits or challenges that need to be addressed. Here are some of the demerits of
privatization of legal education in India:

1. Quality of Education: One of the primary concerns with the privatization of legal
education is the varying quality of education provided by different private institutions.
While some private law colleges maintain high standards of education, others may
compromise on quality due to factors like inadequate infrastructure, lack of qualified
faculty, and outdated curriculum.

2. Commercialization of Education: The commercialization of legal education has

become a significant issue with the rise of private law colleges. Many institutions
prioritize profit-making over providing quality education, leading to high tuition fees,
hidden costs, and marketing strategies that prioritize enrolment numbers over
educational outcomes.

3. Inadequate Infrastructure and Resources: Some private law colleges may lack
proper infrastructure and resources, including libraries, research facilities, and moot
court halls. This can hinder the overall learning experience and practical training of
students, affecting their preparedness for legal practice.
 4. Faculty Quality and Training: The recruitment and retention of qualified faculty
members can be a challenge for private law colleges. Some institutions may employ
underqualified or inexperienced faculty due to budget constraints, affecting the
quality of teaching and mentorship provided to students.

5. Regulatory Challenges: The regulatory framework governing private law colleges

can sometimes be inadequate or inconsistently enforced. This can lead to issues like
non-compliance with standards, lack of transparency in admissions and fee structures,
and challenges in accreditation and recognition.

6. Affordability and Accessibility: While private law colleges have expanded access to
legal education, the high tuition fees and additional costs can make legal education
less affordable for many students. This can limit access to quality legal education for
students from economically disadvantaged backgrounds.

7. Overemphasis on Entrance Examinations: The increasing competition for

admissions to prestigious private law colleges has led to an overemphasis on entrance
examinations. This can create a stressful environment for students and shift the focus
from holistic educational development to exam-oriented learning.

SUGGESTIONS

1. To maintain quality and standards of education, regulatory bodies should be

established in the state because education is the responsibility of State Government as
per constitution of India. It should decide the fee structure as per Government norms.
It should check the salaries and status to the teachers for minimizing their
exploitation. Only then our education system gets reformed in the private sector.
2. At higher education level, Mushroom Colleges have grown rapidly. Such colleges are
becoming the center for selling degrees. After paying money, you need not attend the
classes. Such institutions are more in professional courses like Engineering,
Pharmacy, Education and Management courses. Due to this, employers get low
wages. So government should check these kind of colleges in control.
3. Teacher in Government school should really toil to bring the name up so that people
will get encourage send their ward in Government Schools.
 4. Education focus organizations which are largely cut off from the talent, innovation
and eldership qualities should get characterization though for-profit companies in
India. In this way, talented and skillful persons will also gets welcomed.
5. The sort of educational management, if promises to fulfill by private entrepreneur can
also utilize their business training for educational reforms.
6. Power, infrastructure or telecommunication and financial support, if provided from
private sector will able to lead the growth and progress of educational organization in
the country.

CONCLUSION

The role of privatization is important to expand education qualitatively as well as

quantitatively. Here state and central government encourage the privatization of education to
achieve economic development. But the lack of quality education affects the educated
masses. In fact, privatization increases of number of degrees holders on one hand and
unemployment on the other hand. For this more and more opportunities should be provided to
them which can prepare them for employment in organizations or engage in self employment.
Therefore the suggestions given in the study may be implemented to improve the quality of
education provided through privatization and remove its negative impact on education and
society. To conclude we can say that performance of contract is essential part of contract and
parties have obligation to do their part of performance.
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