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A Chaitanya - Proposal
A Chaitanya - Proposal
A Synopsis
Submitted
By
Alamaddi Chaitanya (Research Scholar)
Ph.D. Law (Part Time)
School of Law
SRM. UNIVERSITY
Roll No. PA2033019013012
Under the Guidance
Of
Professor. Dr. V. R. DINKAR
TITLE:
A Critical Study on The Legal Education in India: With Special Reference to The State
of Tamil Nadu.
Introduction:
Today India produces the largest number of law graduates and around more than fifty
institutions produce more than 5000 graduates per year. The number has increased over the
years and there is wide range of professional opportunities available for students creating the
future direction of legal education immense in India. The legal world has changed with
change in legal education system and now it is completely different from what was it 10 years
ago. Now the opportunities or career options are vast for trained lawyers and the method of
teaching is also significantly improved from the past years making it a promising career
choice then earlier when it was used to be the last resort.
Present Scenario
The Bar Council of India is the present regulatory body who makes rules and
regulation for the promotion of legal education in India. Law degrees are given and conferred
in terms of Advocates Act, 1961 under which BCI is formed as a statutory body and given
regulating power to conduct for both legal education and profession. Universities also need to
be affiliated from BCI, it also prescribes rules and standards of courses of study,
infrastructure requirements, eligibility for admission and handles the promotion of legal
studies in India. According to BCI rule’s part IV section 4 of chapter II there are two study
systems running simultaneously. Traditionally legal education was imparted as a three years
graduate degree(unitary) after completion of Bachelor’s degree which is introduced by BCI in
1961 and other is an integrated five-year law course(double degree) introduced by BCI in
1982 which is provided after 12th standard as an alternative to three year course so that law
aspirants can directly enrol in universities to avail B.A. LL.B, B.Com LL.B, B.B.A. LL.B,
B.Sc. LL.B. It is an integrated course means bachelor’s degree is given with the law degree in
which student studies subjects of both the degrees simultaneously at the college and at the
end one degree is given which is combination of both bachelor’s and law degree.
Whereas in three-year course only after completion of bachelor’s degree a student is
eligible to enrol for law degree, in this only law subjects are taught to the students for 3 years
and then the degree is granted. Both the courses are conducted in semester system which shall
not be less than 15 weeks for unitary degree and 18 weeks for double degree. Further there is
also provision for moot courts, seminars, and tutorial classes per week for the students. It also
says that each student shall accomplish his internship at legal aid office or a lawyer’s office
or at any place where legal work is given to him.
Apart from studying law as a discipline there are various courses which include study
of law subjects, which means by legal education we not only refer to study of basic law
subjects but also study of applied law programs for other courses such as business law,
taxation law, company law etc. By this we can assume that legal education is also scattered in
some or the other way in form of study of law subjects in other courses as well, for example-
There are various diploma and certificate courses provided in various subjects like
cyber law, taxation law, banking law, human rights, and legal literacy etc. we also study
commercial and taxation law in commerce and accountancy at undergraduate or postgraduate
level. Similarly Intellectual Property laws are taught at undergraduate engineering level,
subjects like securities law, company law etc. are taught in company secretary course and
business law at business school. Hence legal education not only includes basic LL. B degree
but also study of various other law subjects in different courses at each level which students’
study in various form to gain knowledge of law to be applied at different scenario.
Apart from this legal education also includes vocational courses such as CA, CS,
ICWA, etc., higher academic degrees and doctorates for more advanced study. We also have
continuous legal education system where judges and senior advocates are provided with
opportunity to enhance their present knowledge and skills.
Legal education is both a theory and includes practice as well because there is a big
difference in the education we receive and the practice we dream to do in real life. Textbooks
only provide us with basic knowledge or crux of the law or case we study but in reality, what
facts are followed become issue which can only be understood by practicing it in real life and
the cases which we study only includes the substantial part of the law but in reality, a case
involves questions and issues from various branches of law. Therefore, it is essential to have
practical knowledge of law to understand that in what sense and how a law or rule is applied
in a given circumstance.
Chief Justice Burger in his address to the American College of Trial Lawyers in
Columbia observed: “In some jurisdictions, up to half of the lawyers who appear in court are
so poorly trained in that they are not properly performing their job and that their manners,
their professional performance and their professional ethics offend a great many people. They
are engaging in on-the-job training at the expense of their clients’ interest and the public.”
Chief Justice Burger’s comment would hold equally good in the context of legal profession
and its education in India. It is very general knowledge that a large part of the two lakh
graduates being added every year to the existing ten lakh advocates in the country, are
absentee law students who pass out from about 500 law colleges/schools. Such advocates
ultimately learn, if at all, at the cost of the poor clients and court time.
To avoid such problems Bar Council has made it mandatory to do internships during
legal studies to gain practical knowledge of subject. A student must do minimum 12 weeks of
internship for three-year course and 20 weeks in case of five-year integrated course under any
authority or body corporate where law is practiced. Thus, a law school needs to produce
graduates who not only receives formal education but those who are trained to postulate new
social, economic, and political issues requiring legal attention. Training is an integral part of
legal education which prepares students to contend any issue which comes in his career in
which even he receives no formal education.
The former President Pranab Mukherjee also said that “Our educational institutions
imparting law education have to bridge the gap between theoretical concepts and practical
application. They have to ignite inquiry and encourage curiosity," as the study of legal system
could not be pursued in isolation from the wider socio-economic realities, he observed.
The colleges established and maintained by the Department of Legal Studies of
the Government of Tamil Nadu.
No
College name Location District Affiliation Est. Weblink
.
7
The Tamil Nadu Dr.
Government Law Gandhi
Vellore Ambedkar Law 1979 http://tndalu.ac.in/
College, Vellore Nagar, Katpadi
University
10 Government Law Ramanathapuram Ramanathapuram The Tamil Nadu Dr. 2017 http://tndalu.ac.in/
College, Ambedkar Law
No
College name Location District Affiliation Est. Weblink
.
Ramanathapuram University
The universities determine the course content for these courses based on guidelines
from the Bar Council of India. These courses, among other things, have the function of
promoting legal education and laying down standards of such education in consultation with
universities in India that provide such education. The Bar Council of India’s Rules specifies
which subjects are compulsory and which are optional in the LL.B programme. Part 1
(obligatory) is divided into six subjects, as listed in Rule (9) (1), Part 11 has 21 subjects listed
in Rule 9 (2) (compulsory). Rule 9(3) offers 15 (optional) subjects from which three must be
chosen.
In 2000, the UGC formed a new Curriculum Development Committee, which created
a new UGC Model Curriculum that was distributed to individual universities for revision of
their law curricula. Despite steps and recommendations aimed at better equipping Indian law
graduates with professional skills, the threat posed by foreign and cross-national institutions
is impending.
The following are some of the major flaws in our legal education system:
The necessity of changing the curriculum has arisen. The current law school
curriculum has been chastised for failing to include issues that are critical in today’s legal
environment. Law schools are dealing with a bewildering array of opposing requests for
curriculum reform. The programme is still in its development stage, with students being
taught an outdated syllabus. Many private law schools provide no or few alternatives or
elective studies in addition to a core curriculum. Added to that, law schools still encounter the
problem of introducing new and contemporary subjects at the cost of focusing on vital
subjects.
even though most institutions and law schools have switched to a five-year degree. New and
emerging law schools (particularly private institutions) limit their focus to teaching and
research on issues relating to Indian law. Given the huge frequency of participation in
international moot court competitions, law student’s thirst for knowing international and
comparative law has grown tremendously during the past years. Students must be trained
with a balanced curriculum that shapes them into better lawyers by providing them with
information and training in Indian law, while also preparing them to face difficulties in the
By Setting in Goals
a) The attributes of effective, responsible lawyers, b) Including self-reflection and lifelong
learning skills, c) intellectual and analytical skills, d) core knowledge and understanding of
1. Law schools should demonstrate a commitment to preparing their students for bar
licensing authorities, and the general public about how best to accomplish this goal.
3. Law schools should clearly articulate their educational goals and share them with their
students.
focused programs of instruction that are concerned with what students will be able to do and
how they will do it, as well as what they will know on their first day in law practice.
5. The primary goal of legal education should be to develop competence, that is, the
Another important issue that must be addressed is the quality of education provided
by law schools. Admission to the college, the curriculum, the manner of examination, and the
qualifications of the faculty members at the college all contribute to the quality of legal
education. Quality is not a virtue in and of itself. The quality of education provided by
colleges would be a grave error. Such law schools alone will not be able to transform
educational standards. Other legal schools are unable to provide additional optional subjects
while still meeting the minimum requirements. It is past time for this issue to be taken into
The rise of the new economy, globalisation, privatisation, and deregulation has posed
new difficulties to legal education around the world. The legal system must evolve in
Globalization and the state’s retreat from its traditional role have produced new legal
questions about how to safeguard the poor and marginalised from deeper poverty. The whole
To meet the country’s and people’s expectations from law and legal services in the
next few years, the state must devise the best approach for strengthening professional legal
education while also promoting law as a liberal academic discipline. This necessitates a
suitable model for establishing a supervisory and control system to ensure that professional
law schools maintain high standards of teaching, research, and extension activities. Unmet
legal needs of various segments of society, delays and costs in obtaining justice, the impact of
information and communication, the state’s relative incapacity due to market dominance, and
the role of professions in justice, peace, and development law and attorneys have a critical
role in facilitating, moderating, and controlling all of these changes. The nature of institutions
and procedures, as well as access to them, make justice feasible. Lawyers will have to assist
communities, interest groups, and governments in designing institutions and procedures,
particularly during times of transition, while keeping equity, justice, and fairness in mind.
HYPOTHESIS
Law colleges of such cities do not have the proper infrastructure and systems
for training students at par with law students of national law schools and famous private law
colleges. Hence, it is necessary to address certain specific areas of concerns in small-town
law colleges. Here are some major challenges in Legal Education in India.
Internship
Internships are necessary before entering in any field. It helps the student
to gain exposure and learn professional skills. While many lawyers want to contribute to the
society by teaching and grooming the future lawyers, most of them are not willing to hire
interns. This is because most of the students lack basic formatting, research and presentation
skills. An intern without elementary professional skills and subject knowledge will be a
burden to the legal practitioner. Hence, it is necessary to impart some basic skills in college,
before setting out the students for internships
Technology
Lack of Researchers
Another issue in the legal education in India is lack of researchers in law
and absence of due emphasis on research and publications in the existing law schools. This
has led to the absence of an intellectually vibrant environment. Research can contribute
significantly towards improvement in teaching and, more importantly, addressing numerous
challenges relating to law and justice. If one is to look at the faculty profile of the world’s top
law schools, he/ she will find that there is great emphasis on research and publications among
academics. But in India the research initiates in legal fraternity is not at par with other
disciplines.
This Study will endeavour to take into consideration the provisions in legal education
system of Tamil Nadu India.
This legal study will attempt to find out the Weakness bound in the of the Tamil Nadu
legal education system.
This Study will look briefly at the curricula which have been established for students
intending to pursue a legal education in Tamil Nadu India. A combined approach will be
taken on the curricula available in all the educational institutions available which
provide legal education.
To find out the legal structure of education system in Tamil Nadu Legal education
System.
It will be an attempt to find out the Infrastructural development and financial Status of
the Legal Institutions of Tamil Nadu.
The research will inquire research aptitude in the legal Institutions in Tamil Nadu- India.
Legal education may serve a variety of purposes in a growing democratic society like India.
They have been listed as follows:
1. Socialization type:
The utilisation of the entire educational system to develop the types of skills and
knowledge required for societal duties.
3. Opportunity type:
4. Research type:
The use of educational facilities to create research that is beneficial to education and
society.
5. Administrative type:
Even though there is no particular Article in Schedule VII of the Indian Constitution
dealing with legal education. As a result, the more generic elements referring to higher
education and eligibility to practise before courts are used to regulate legal education
requirements.
Entry 66 of List I of the Seventh Schedule to the Constitution of India deals with the
coordination and determination of standards in higher education institutions. List III entry 25
is likewise about education and reads as follows:
Subject to the rules of List I Entries 63, 64, 65, and 66, education, including technical
education, medical education, and universities; vocational and technical training of labour.
List I entries 77 and 78 relate, among other things, the right of people to practise before
the Supreme Court and the High Courts. The following are the entries:
Entry 77- The Supreme Court’s constitution, organisation, jurisdiction, and powers
(including contempt of court) as well as the fees charged therein; people qualified to practise
before the Supreme Court.
Entry 78- High Courts’ constitution, organisation (including vacations), and those
entitled to practise before them, except for officers and servants of the High Courts.
Hari Hara Sudhan Ramaswamy (2020). Education in India is losing its relevance.
This seems much more applicable to the situation in the present day of legal education. This
essay aims to focus on two aspects of legal education. Whilst, on one hand, it aims to supply
details of the existing legal education system on the other, it aims to drive more attention to
the various improvements and developments that are needed. The essay firstly shall describe
the existing legal education system. It shall analyze and assess the curricula that are available
for the various undergraduate law degrees available in India. It aims to supply an
understanding of the perceived distinctions between the three-year law degree and the five-
year law degree. As a second aspect, the essay aims to explore options to further the quality
of legal education in India by considering examples of various law schools or colleges of law
across the world that have consistently proven themselves as a cut-above not legal education
and research in their global scale. Also, from the learnings of the gaps in the curricula of the
law degrees as discussed previously, the essay shall provide suggestions on the various
plausible collaborations with foreign law schools and universities for the benefit of the Indian
law schools and colleges of law. As a third and final aspect, as a measure to curb fake or
bogus law schools or colleges of law within India and to enhance the employability of law
graduates in India at par with those across the globe, the essay aims to supply suggestions
applicable for the present-day legal education scenario.
Education is crucial in bringing social change. It allows the best in the body, mind,
and spirit of child and man to be drawn forth as a potential instrument and a powerful
medium for creating changes in society. It gives a person the ability to understand and reflect
on knowledge and processes, as well as to behave appropriately. The goal of education is to
eradicate ignorance by imparting knowledge. Ignorance is the root of all evil and unhappiness
that we see. Education is a powerful tool for overcoming such adversity. People’s
misfortunes can be alleviated by proper education. Higher education serves a variety of goals.
It helps in a student’s growth and development, knowledge, discovery, refinement, and
community social impacts.
Getman, J. (1969). The legal profession in India has a proud heritage. In the earliest
days of the independence movement and during the creation of the Indian Constitution,
lawyers played a prominent role among those seeking social progress. But in recent years
pride in the heritage has given way to concern about the present and alarm for the future by
responsible officials. There has been a growing concern that Indian lawyers are not now
playing a positive role in India's development. Rather, when in private practice, they are
acting in the main as technical aid to parties interested in manipulating or avoiding the impact
of existing laws and legislation. In government service, they pose obstacles to change, create
ambiguity in legislation, and handle the growth of needless bureaucratic interference with
economic and social behaviour. Such a situation would be a serious problem in any society. It
is much more serious in a developing society where new institutional arrangements are
needed to facilitate orderly change.' In India, the problem is made even more severe because
the law and the legal system have long served as a unifying factor in a society beset by
internal divisions between religious, caste, and linguistic groups.
RESEARCH METHODOLOGY
Introduction
This research is essentially a systematic enquiry, seeking facts through objective
unbiased verifiable methods in order to bring out a quality education system in Legal studies
in Tamil Nadu.
Legal education may serve a variety of purposes in a growing democratic society like
India. They have been listed as follows:
1. Socialization type:
2. Manpower type:
The utilisation of the entire educational system to develop the types of skills and
knowledge required for societal duties
3. Opportunity type:
The use of educational facilities to create research that is beneficial to education and
society.
5. Administrative type:
REFERENCES
Badrinarayana, D. (2014). India's State of Legal Education: The Road from NLSIU to
Jindal. Journal of Legal Education, 63(3), 521-523. Retrieved March 24, 2020, from
www.jstor.org/stable/42898396.
Dasgupta, L. (2010). Reforming Indian Legal Education: Linking Research and
Teaching. Journal of Legal Education, 59(3), 432-449. Retrieved March 24, 2020, from
www.jstor.org/stable/42894129.
Getman, J. (1969). The development of Indian legal education: the impact of the
language problem. Journal of legal education, 21(5), 513-522. Retrieved March 24, 2020,
from www.jstor.org/stable/42891995.