ve of ne tat. 2? 50" "|| Q.1. Describe in brief regarding the scheme of legal education and Research Methodology. ‘Ans. For education in the field of law, two syllabus are going on-L.L.B. and L.L.M. ie. Bachelor’s of flaw and Master’s of Law. The object of L.L.B syllabus is to prepare an Advocate i.¢. a person who wants to do law profession, adopt education of L.L.B., it isa legal ‘education, legal education means-such education which is of legal. / Prof. S.O. Akeindipe—‘Legal education simply definéd-as education that is legal”. “LB. is a professional coureses but L.L.M. is some how different. L.L.M. course cannot be considered as professional course. It is an educational course. Its object is not only to get Title and do profession, but a deep study of law and be accomplished. Its not only limited to Bookish knowledge only, but Research is also its subject) A subject ‘legal education and Research Methodology widely ‘express it’. Following are studied under this subject — Object of legal education—\, A main point of legal education is its object. Following things ‘comes under this— (a) Aim and object of legal education, <—-©F Origin and development of legal education in India, t form of legal education,irate contribution in the development % a According to Prof. 8.0. Akeindipe— “The ultimate objective of legal education is to pr competent lawyers Whose ‘aim in any given society includes the of the fundamental rights of individuals as well as their welfare, In words legal education helps to produce a competent lawyer”, Z, Lecture method of teaching—There can be many ways of teaching law one out of them is-lecture method. Under this following. | things are taught— (a) what is the lecture method of teaching, | (b) who or by whom lecture should be given, (©) what are the benefit of lecture method, | __@ what are the demerits of this etc. i @® Problem Method—In this law related problems are presented | and find their solution or tries to solve the problem. It is considered as» practical method of law teaching. | iG Discussion Method—In this method open discussion is done over Various topics of law. It is in question-answer format. In open discussion both students and teacher does discussion of the subject. } Basically this method is used only in post-graduate teaching. A, Seminar Method of Teaching—Gradually the seminar method is developing. In this time to time seminars are organized on different subjects, where along with student and teachers of law subject specialist, advocates and ministers also participates. Letter- Reading is also done on special topic in seminar and freely discussion is done over it, generally at different-different places, time to time seminars are organized, @ ‘xamination Method—Examination method is also a part of feaching students are examined by the failure and success in their examination. Examination has various types— (a) Written (b) Oral (c) Annual « Tl Generally ton i) PF method, v (a Gq ( 7” collegesa with this: in this ess topics, it” c field also getting b Justice is constituti derived fi For this y me A AL eduei justice, & g|racation and Research Methodology (a) Semester method ~ (e) Paper evaluation (f) Internal evaluation (g) Theoretical (hy) Practical _(i) Research writing ete. ‘The main problem in examination system is of evaluation. Generally every method has its merits and demerits, many times uation is challenged in courts these are also a part of teaching. "Participation in various programs—In today legal education mettiod, various kinds of programs are organized, like— (a) Organization of seminar. (b) Publication of generally. (©) Work-evaluation of teachers. Where the question is of publication of Magazines, schools, colleges and universities himself annually publish their magazines. Along swith this colleges and universities send for magazines for reading ete. in this essays are published, written by Jurists or law experts on legal ics, it’s an important source of knowledge. Clinical legal edueation—in today’s changing world in law f4id also had revolutionary changes, now the concept of Justice is getting beneficial for every person of society arrangements of easy Justice is done for the weaker section of society. In the article 39 A of has been given that-No person shall be derived from justice only due to the reason of poverty or other disability. “For this various programs are also running— _Aajlegal aid ) legal fey Lok Adalat ublic interest litigation etc. Under legal service programs, at different places, clinical legal ee para-legal clinic or legal aid centr~’s are established for speedy c, lok adalats and permanent lok adalat’s are constituted, No: vess in theircourt said that people are fast losing faith in judiciary due to long delay in disposal of cases. Authorities are directed to do needful urgently to ensure speedy disposal of cases. , Lok adalat and fast track courts are the important steps taken in this regard. The study of all this has now become the part of education. Research Method—Research on legal subjects has now ‘a tendency of legal education. Relation of law has established with society, economic system, political system along with this Research. inmany other fields also. Research has its own problems for research— ey ‘ Temporal Magazines Data ete. are important. 3 ‘Study has been’ started ofall these efforts to solve the problems which arises in Research are also doing. Socio-legal Research has become an important matter of study son, 2 Legislation —The method of legislation ié also an important subject of study under Research methodology study of — (2) Legislation (b) Subordinate-legislation (©)Notifications (4) Ethical statement isdone. ; Study of Episodes—in egal education episodes and judicial subject of LLM she Q.2. High ‘education in Indis ‘Ans. In Indi can be studied unde (a) Legale of legal education w, to become an advox to Kolkata and Chi Math, Astrology, log taught. In India first and Alfriston collegi Chennai and Mumb At that tim advocates and Judic independence peoph from this many goo that period, even la’ time running a lawe tried to run any lawe different colleges, 5 places of three year Insome uni towards practice, in and effort was to pn That time n time’ teachers wereand Research Methodology role, Their study nereases the cert) oF ile. are placed in syllabus. Study of episodes sar do tote al ‘Such: as due to the Ie ‘Bently to sbject of LLM should the path Q.2. Highlight the Histo take ee ieee : vr tdi the begining and developmen of Teal eaue2icn education and Research methodology ‘of legal education and Research. ry and Expansion of Tegal Se naw canbe studied under two titles — aabli (a) Legal ‘education before independence—The Beginning Ee -f legal education was done before 1947, ic. during British Time. Earlier Research oflegal cea tobecome an advocate, one has tO goto Banaras Hindu University oF to Kolkata and Chennai for ‘studies. At that time Arabi, Parsi, Law, : Moe pceoogy logis, Grammar and Natural philosophy sie 1 taught. In India first time law college was established, as Hindu college and Alfiston college. The law education was given in Banaras, Kolkata, ‘Chennai and Mumbai. problems ‘advocates and Judicial officer’s who independence people did not had much interest in legal education, apart ferofstudy from this many good advocates, layer’s and Barrister’s were there at Patere ie that period, even lawyer's helped during freedom movement. At that Fiworame | ame running a law college was a work of loss, that’s why no university tried torun any law college. There was difference in syllabus in different- different colleges, somewhere syllabus was of two years and at some places of three years. Insome universities the first law course was too much oriented towards practice, in some universities the approach was too general pelo produce cultured and iberally educated persons. ieee time no facility of good library and reading rooms. F ind judicial time teachers were ‘also not available. Lawyer were ate 3 a‘legen PB also, 8. Only ates, but ints, Most of te court dolleges labour anted to pgree of reputed e legal iriate to ad legal neither fobject courts. ‘ith the lucation terts put ion. The tensions ded that council its. Now place in opment nited to ee. and Research Methodology 1 {ig said that constitution of India has become a document of After 1950, a large number of constitutional matters came jato existence, specially related to fundamental rights. Law occupation Masalso positively increased as far as ‘social and economic development ‘along With that related law were constituted. ‘Not only this, public interest litigation, free legal aid and lok adalat’s were also came into existence, It is provided in article 39. A of onstitution that- “No person shall be deprived from Justice only on the pasis of poverty or other disability”. It also affected legal education. ‘The area of students and advocates became wide, Now they started to ‘come forward in the fields of free legal education, egal literacy ‘Consultancy. The importance of para-legal clinic and para-legal education increased. Not only this, Now there is interference of law in business, ‘occupation, industries or administration. It was felt that basic knowledge js necessary for all. A basic knowledge of law has become necessary forall those who are engaged in administration, trade of industry. citizen to be effective in enjoyment of his clinic capacities needs a basic knowledge Of at least some aspect of law, officials and others ‘who perform important law roles e.g; a policeman, business men. politicians need an understanding of parts of the law its underlying policies and values”. Revolutionary changes came in field of legal education after independence— (a) Increased Number of law students, (b) Increased establishment of law schools. Now the process of reform also increased. New-new syllabus were prepared, like— (@) LLM. (b) Phd @LLB. (4) Diploma syllabus, like— 1. Diploma in criminal law. 2. Diploma in labour law. 3, Diploma in taxation law.sdebustodl divesy. i 5. Diploma in interhatiorial law. ee ‘Along with this hew subjects also came into existence like. legal education and Research method, etc. Measured books of law are also publishing. The publication, and Tradition of Hindi Law books increased. Government awards are ‘also established in special law books of literature writing etc., $0 that high level books in Hindi can be available. Q.3. Describe the object of the legal education. «of legal education is _ an important part o| an advocate he— ‘Aas. In Democratic welfare state the importance of legal (a) Pleads education is proved in the rule of law. Law education cannot be (b) Defené neglected. The individual being the unit of society, social welfare is (c) Protect merely a short hand description of the welfare of the individuals. (4) Work { In this condition importance of legal education increases. A (©) Discha legally educated person can discharge his role in many fields, like—as andNe an administrator, an Advocate, Rule-maker, Law professor as an (8) Provid businessman etc. Many other fields are also open for a law educated @ Freel person. It also clears the object of legal education. The object of legal (h) Encou education is very wide. " o bad Legal education means—Education that is legal, i.e. related ‘Such asd to law. Italso can say that study of law is legal education (B.F. Wileos). ttidimensi Legal education, simply defined, is education that is legal It Sr uestned in the st. must be noted that the man objective of education generally is to effect ‘National development. Legal edu The study of object of legal education can be done under pate wore = | following Heads—, ———— a = skills, abilities and 1. Zara knowledge of Law—The first obj education is to eam Feiisies of law. Person a prea a ce Sor a National & Intemational law during legal education. Knowledge of law competent wie is necessary in the Rule of law. Here ignorance of law is notexcusable. of hada 4 “Ignorantia juris non excusal: Ignorance of law is not to lahering: tant xcusable”. ; of law according ere of law is not excusable. Court presumes that S0ciety. mee eres of law. No one escape by taking excuse 3. Prepskistence like. € publication nt awards are Sete., so thar tion. ince of legal mm cannot be ial welfare is viduals. increases. A ads, like—as fessor as an law educated bject of legal ti, ie. related B.F. Wilcos). tat is legal. It lyisto effect + done under ect of legal re about the ledge of law otexcusable. F law is not resumes that aking excuse sjpdvcation and Research Methodology = 9 is appropriate also. If ignorance of law would be excusable "ppneviont will estan by taking bio enero Of ‘That's why knowledge of law is important for every person, wait possible by legal education only. Legal education aware a, person rearing ish, duties and nb ties. ; 2. Making a competent Advocate—The second main object oflegal education is to prepare a competent Advocate. Advocate’s are important part of society. They have their own place in society, as an advocate he— (a) Pleads in court on behalf of parties. (b) Defend the rights and benefits of parties. (¢) Protect the fundamental Right of person. (@) Work for the progress and development of society. (€) Discharge an important role in the development of society and Nation. (B Provides free legal aid to weaker section of society. (g) Free legal consultancy to indigent and incapable person. (h) Encourage to solve the matters ‘by mutual compromise. (Develop legal awareness in public. Such as an advocate provides his services to society as a multidimensional person. But it only possible when he is well educated or trained in the subject of law. Legal education helps to produce a competent.lawyer. It has been noted that ‘a competent lawyer’ in accordance with general ‘education policy is presumably “omeone who has acquired appropriate skills, abilities and competence buth physical and intellectual as required. forher to play her role as a useful member of community. The ultimate object of legal education therefore is to produce competent lawyer whose aim in any given society including the defense of fundamental rights of individuals as well as their welfare according tolnhering- lawyers are concerned generally with law and the purpose oe, according to Inhering, is to further and protect the interest of 3. Prepare person for clinical legal education—In thissection of society. In article 39 A of constitution, provision has bey given that No one shall be deprived from justice on the basis of 1 legal services, free legal aid, legal | lok adalats were established, gradually clinical legal education into knowledge to provide legal advice and legal help. In legal cli ‘Advocates, professor of law, students and social service provides; services. In this way trend of clinical legal education increased, Now it has also become an object of legal education to vafier the study of V8 such person, who can provide their services at clinic. saucaton, commission fo 4, To make a good citizen—The object of legal education inIndia. Commission not only to prepare advocates but also make a good citizen, who can 8°" 441 education is good further serve his Nation of society. | feachers are very much Fe It’s not important to become an advocate after getting law 4 fer independence, in p education, you can also serve your country and society by being a good ‘jycrement in international a put high the level of legal¢ In today’s industrial or computer era the importance of legal Important sugges education is increasing day by day. In every field, there is interference Report— of law, in field of medical also there is medical law. Similarly in (a) There should engineering, Agriculture or industrial field also now there is presence of law. Now the concept of law in social engineering is also in existence, Such as area and importance of legal education is increasing day by day, and its object are very Wide. Object of good legal educatio.-— (a) A good understanding of the structure and goals of the society. (b) A good understanding of the nature of the lawyers. (c) A good understanding of some of the general rules and (2) Report of principals of laws. the development of leg (4) A good understanding of some rules relating to special) established, The coune transactions or activities of the society. (e) A good understanding of methods and techniques.at te panne u t ©) daensetiessti Shee fey ve hould @ ‘To solve the problems of legal ‘education, there should be ‘bar council of India, which shall be represented by vario Councils of Bar. @) First law cor system did not had any reform university law éommission. After than i presented by first lw commission. Commission took special care of legal education. Commi ion gave following suggestions in his report Q “Toenterin law education, student must beat legal graduate, ities, 1949.11 that to enter in law st Q) LLB. syllabus must be of at least two year®- (3) After completion of two years L-L. ‘must be optional refused, aestudents whether they wants to work in education field On more co! jn 1962, in the Hele or in advocacy. (4) Practical training shuld be given t0 students after .s Hindu Uni completion of L.L.B. syllabus, like= for LL.B. Degree A practical training is as essential to the making ofa Q) Afters professional lawyer as @ through academic training”. instea (5) Legal education must be given in fulltime institutions. (2), Seme (6 Government economic help should be given fo institutes (3) Some which provides legal education. syilal (7) Following should be included in lecture method of (4) New teaching— into (a) Seminar, oY (b) Group discussion, (5) Tea (©) Tutorial, me (d) Case method, etc. (©) Mc (8) Tendency of legal Research must be promoted. £9 (9) The determination of eligibility in advocacy filed shouldbe One at leave on Bar Council of India. education int In March, 1959, Discussion was done by advocates on this Dethi Universi Report in a conference organized by Indian legal institution. It ws legal educatio “The suggested in conference that syllabus of law must be of three year and fall-time in the syllabus of last year procedural subjects must be included. xpect to follav 1, there should be a Fesented by varios, an legal education tcommendation of letailed report was 10k special care of fons in his report ‘eat legal graduate, ‘years. t must be optional in education field 10 students after the making of a nic training”. te institutions. iven fo institutes, sture method of noted. yy filed should be dvocates on this \stitution. It was of three year must be included. sducation and Research Methodology B (4) University committee on legal edlueation—Gradually the level of legal education is improving ful time law universities are being open. The ratio of law students are increasing, Post-praduation are running now to prepare high level scholars or legal Mrachers. The Trend of Research is increased. Students are going to Harword, Yei, Stenfold, Connal, Cambridge, London for further studies of law. ‘At individual level, committees were constituted by universities toreform legal education. In the held of M.C. Chagla, Chief Justice of high court of Bombay a committee was constituted by Bombay universities, 1949. They gave many suggestions. One out of them was that to enter in law study the eligibility must be intermediate, but it got refused. ‘On more committee was constituted to reform legal education in 1962, in the Held of Chief Justice B.P. Singh, inspired by Dean of Banaras Hindu University, Anand Ji. Committee prepared a work plan for L.L.B. Degree like— (1) After graduation, L.L.B. syllabus should be of three years instead of two years. (2), Semester method should be followed. G) Some subjects like Roman law must be excluded from syllabus. (4) New subjects must be added in L.L.B. syllabus by taking into account about the changing situations of social- ‘economic. (5) Teaching method of law should be changed, i.e. case method should be given place. (6) More seats must be created for Reader, professor in law colleges or université s. One another committee was constituted to discuss over legal education in the held of previous Justice PB. Gajendra in 1963 by Delhi University. Many suggestions were given by committee to improve egal education, like— “The legal education is intended to be given to students who ‘expect to follow one or another branch of legal profession and its aim14 * ‘and mastered the theory of law, its philosophy, its function and its, in a democratic society”. It was said by committee that— (a) Theeligibility to enter in law syllabus must be gr ds (b). The duration of LL.B. should be of three years instead two years. (©) The teaching of law should be done by both lecture a case method. (@) The medium of teaching should be in both Hindi ang English, ete. ‘After these recommendations, the duration of L. three year and 6 semesters in Delhi university. (5) University grants commission—In India, in 1956 by an) act of parliament university grants commission was established, Is object is recognition to universities and disburses funds to such) universities. Cominission also had interest in Reformation of legal ‘education, By the help of commission Rajasthan University organized) ‘a seminar in Kasauli in 1964 on subject of legal education. Many Regional workshops were organized in Chennai, Chandigarh, Puna or Patna by University grants commission in between 1976 to 1977. To elevate and develop legal education, many kinds of help was done of legal section, like— (a) Creation of post of Reader and professor. (b) Grants for library. (c) Fellowship for Research, eto. (6) Kasauli Seminar—In 1964, in Kasauli a seminar was organized by Rajasthan university on legal education by chairman of law department Dr. G.S. Sharma. ‘che seminar was held by previous Chief Justice Nayayemurti P.B. Gajendra Gardner of India following subjects were discussed in seminar— (i) Future of legal education in India. (i) Relation of previous legal education with legal teaching. (ii) Eligibility of entrance in L.L.B. syllabus. ‘would be to make the students of law pod lawyers who have stat Baseation a eNO om ed) (v) Techniques of teach (vi) Techniques of evalt (vii) Along with legal ed (iii) Specialization ate (jx) Pattern of advane Following things wer (a) The eligibility 0 graduation. (b) LLB. syllabus (c) Legal educatiot (@) National law st (7) Pune Semina rman of law ‘Agarwal Chai ‘ath February, 1972 on ) Judges, Advocates, unit ‘commission's represen countries. Inthis seminar ¢ of legal education ands! this point discussed-TT jn India? But no final ¢ Following pot (a) Improvem (b) Teaching (c) Post grad (d) Facultyt (e) Training (® Evaluati (g) Law lit Following (1) Theel excep[Education and Research Methodology © (iv) Elements of legal education for first law (v) Techniques of teaching. (vi) Techniques of evaluation of students. ii) Along with legal education relation of occupational training, Specialization after L.L.B. ‘ (ix) Pattern of advanced legal education and Research. Following things were agreed in seminar— (a) The eligibility of entrance in L.L.B. syllabus should be graduation. (b) LLB. syllabus should be of three years. (©) Legal education must be for employment. (@) National law schools must be established, etc. (7) Pune Seminar—A seminar was organized by Dr. S.K Chairman of law department of pune university, from 20th to 24th February, 1972 on legal education. In this seminar principals, Judges, Advocates, university grants commission or Indian law ‘commission’s representatives participated from India and other countries. In this seminar openly discussion was done on various aspects ed in Chennai, ; jennai, _Fjegal education and suggestions were given. In this seminar specially ission in between , many kinds of this point discussed—That what should be the object of legal education in India? But no final decision was taken on this. Following points were discussed in seminar— (a) Improvement in syllabus. (b) Teaching method. (c) Post graduation teaching and Research. (d) Faculty recruitment. (c) Training and facility for Research. (f) Evaluation of examination and work of students. (g) Law library ete. Following suggestions were given in Pune seminar— (1) The classes of law should be run separately in law colleges except in commerce and science colleges.gyaohminsth dame fae ore ‘be done in private law: ly legal study eis be established. ‘ : e law council has an important ian law council is to promote legal ‘such education in consulting To recognize universities whose degre in aw shall be aqualifiation for enrolment as an advorste an and inspect universities. Such as to decide qualification for enrolment as an advocate and decide syllabus to get ttle of LL.B. is to Indian law council. Following provisions are given by Indian law council in legal (@LLLB. syllabus shall be of three years after independence. (b) Total 18 subjects in L.L.B., 12 compulsory and 6 optional. (©) Earlier 27 subjects in L.L.B.,21 compulsory and 6 optional. (4) Determination of 5 years L.L.B. programe. ‘Suchas for enrollment of name as advocate, Indian law council has power to determine qualification of L.L.B. For this, Indian law council time to time arranged and control legal education. (9) National Law: ‘school—The establishment of National law schoo! is-a revolutionary step, taken for the development of legal education. The credit of concept of National law schools goes to previous chairman of law department of Rajasthan university, Dr. GS.Sharma. The object of National law school was following— “The object of the school, however are not ited to preparing ‘mandate. TH basic TY aw re edge of tae | deve othe In National it National la) Jodhpur cities. (10) Indi development of le stone. The Indian 1956, in Delhi: TI members shall be (a) Aton. (b) Judgt (©) Repu (a) Gow (e) Teac Object , The Ind along-felt dem: together the ex engaged in the: auspices, adval carried on. Sué setting up of th of the probler foreign schoo India and fore New field of legal @)E (b)¢anlaw council in legal irsafter independence. pulsory and 6 optional. ipulsory and 6 optional. ‘ograme. sate, Indian law | council 3, For this, Indian law ‘education. shment of National law development of legal Inother words, the poe for social change and human well being, This major focus of the school’s ‘curriculum necessitates the study of law from froader socio-cultural perspective and developmental goals. * fy National law school the syllabus of L.L.B. is of 5 years. At ‘National law schools are established in ‘Banglore, Bhopal, and php cities. (10), Indian Taw institute—In the path of elevation and institution is proved as mile development of legal studies, ‘Indian law i tone, The Indian legal Institution’ was established in December 27, 4956, in Delhi: The Chief Justice of India js its Chairman. The other members shall be following person — (a) Attomey general of india. * (b) Judges of ‘Supreme court. (c) Reputed Advocates. _ @ Government officers (e) Teachers of law, ete: Object of Indian law institute— “The Indian law institute has been established in order 19 meet along-felt demand of an institution, ona India basis, which may pool lom and the resources of all persons together the experience, the wisd ‘engaged in the study, practice ‘of administration of law and under whose auspices, advanced legal studies, investigations and researches can be éarried on, Such organizations are doing very ‘useful work abroad. The setting up of the institute, itis hoped, ‘vill provide continuity tothe study of the problems and also will be hetpful in ‘obtaining the service of foreign schools and in the exchange ‘of students and teachers between India and foreign countries. New dimensions were established field of legal education like— (a) Execution of Various diploma prot (b) Organization of seminars. by Indian law institute in gramme in law.(c) Publication of case-books, like. (i) Cases and materials on administrative law, }) Cases and materials on labour law etc. (d) Publications of Directory of law schoo! in India. Indian law institutes regularly publishes Generals and Aang survey of India law. ‘ Q.5. Describe the effect of Technology on legal education. Or Technology has comprehensive effect on legal education, Describe the statement. ‘Ans. Technology has an strong effect on legal education. Now time is not of traditional methods of teaching-reading. Legal education is also changing with new-new techniques and development of Technology. Audio tape player is also being used along with lectures in classroom. Anna William shavers, professor of Nebraska University of United Nations shares his experiences that-when he first time went to law school for teaching than a professor showed audio tape player, and students were told about the debate of Supreme courts. (Anna William shavers: The impact of technology on legal education). Gradually this technique developed and at present this technique is widely used in the field of teaching law. A work-shop was also organized by Association of American law school in January consider this. In the field of legal education, importance of technology ca be seen by following ways— 1, Syllabus 2. Classroom/law study 3. Faculty Reward and Recognition 4. Reach to legal information 5, Increased expense on legal education (1) Syllabus—With time, need was felt to make changes adia. Isand Annus) ty on legal tl education, cation. Now zal education lopment of th lectures in Iniversity of time went to e player, and nna William present this tk-shop was 1 January to anology can changes i ition and Research Methodology ‘ai us also. With the devel eae new subjects were added fey eee pisses (a) Law of cyber space in temple university (b) Nebarska university-cyber law (©) Regulation of internet Teksas university ; (d) The law of Information privacy in Jorge Town university. (©) The law of commercial transaction in southern Methodist university in 1994 to 1997. Many seminars were organized in this regard tyassociation of American schools. In India also many changes happened in law syllabus. Now along with traditional laws, following are also added in syllabus— (a) Law of intellectual property, (b) Cyber law, (©) Law of Environment, (@) Law & medicine, (e) Administrative law, (f) Research methodology. (2) Law study in class rooms—Use of technology is a revolutionary change in the lectures of law professors in law school’s classroom. This technique is also used out of classrooms. In 1870, in Howard, by Christopher Columbus langdel, a new form was started as case method, which provided a New format to legal education. Later Langdilion repeated the lecture method of teaching and started Socratic method by Appellate Judicial decisions. Following are included in the use of technology in law field— (a) database legal education, (b) Internet, (c) Computer Network, () list service, (€) wed based instructions, (QE-Meil, (g) Projection system etc.crandlean en) dotnery ‘Technology is widely used in’ Revamping education. considered as a successful experiment, 1 ‘ Gi) 8 Many of projects are made in legal education for Gy) fi development of technology, like. bisbiiéi pe oe. suct Establishment of centre for computer—/ - (0 etrtions (CALI, 1982 in Minnesota law school eee Haward law school, i : Gi) Legal education Network Jurist, created by Prof. Baro Coat J. Hibbitts from un of Pittsburgh. : : 06 In Haward, establishment of barkman centre for fo ladie: and society. 4 a (@) Faculty Reward and Recognition—Many expec! administrati are from law field/ faculty, like— precedents} (a) Teaching : rel (b) Scholarship ae by Suprem (©) Service (Su Most of aw schools and law faculty wants to use technolo Su) in legal education but in lack of Reward and Recognitions it's not bel courts. (Vi possible: “ NOC 8671 ~ Than possibility of non-availability of help of secretariat 10) of Ratio dt manage computer for desk of every person in law faculty. 2007 Bon (4) Reach towards legal information—The use of compull 1 Network technology helped in the study of database. Electronic an) except the © print helped in the management of library and Reading Room. This Patil V/s. helped the people to easy access the legal information or knowledg B © (5) Expense of legal education—Expenses are expecte can chang ‘over all the technologies. It’s being difficult for the law schools SC 845) 5 faculties to bear this expense because—. but court (a) Firstly the donation given by government is not sufficies ] (6) On the other hand the number of law students a “Teatively decreasing. 3 7 Publicati -” Many efforts are made to solve this problem, like— i) increment in tution fees. (i) iner eaepation for the | ssistant lepay §w school op >rof. Bamolg 2 for internet expectations e technology it’s not being jecretariat to i of computer ectronic and Room. This knowledge. we expected schools and ot sufficient: tudents af agent" Sad Bebearsh Meta ee ey a _ Gi inerement in fund. ; Gi) universities support to Administration, ; (iv) fees, determined by students, etc, ‘Such as new-methods are being innovated due to new ‘According to Anna Williams shavers- “New technologies the opportunity for the exploration of new methods of teaching in law schools”. (The impact of technology on legal education). Q.6. Describe about the publication of legal Magazines in India. a ‘Ans. Presidents has an important place in Judicial ‘administration. Presidents helps in making decisions, or it can say. that precedents guide the courts during taking decisions. ‘According to article 141 of constitution—The law declared by Supreme court is binding over all the courts of states of India. (Samaram V/s. state of Rajasthan, AIR 2006 SC 3250) Supreme ‘court’s decisions are binding over all subordinate courts, (Virendra Singh Yadav V/s. Rajkumari Yadav, AIR 2006 NOC 867 Madhya Pradesh) It is required that it fulfills the conditions of Ratio decidendi. (State of Maharastra V/s. P. Jaggannath, ATR 2007 Bombay 167). The decisions of privy council are also binding over high courts, except they are not changed by Supreme court. (Pandurang Kalu Patil V/s. State of Maharastra AIR 2002 SC 733). But Supremé court itself is not bound to obey own decision, it can change them (Sajjansingh V/s. State of Rajasthan, AIR 1965 SC 845) such as precedents have important place in decision making but court must apply them with due carse. ; Lord Deunning say that-courts must use precedents creatively and not mechanically. The concept of precedents is given by Publication of law Reports The question is how the precedents get arrangement of publication of law Reporting is done. British Judicial system. available? For thisIts history is very ancient, first time in 1774, along. establishment of Supreme court in Kolkata, publication of magazines started. Earlier there ‘done at personal level. Both Judges and ad publication was : reared this work. Their aim was to stop the situation of conflict b Judicial decisions and make it Homogenien. Justice Francis in 1824 described about above Judicial decision in “Consideration upon Hindu law’. + William Macnautan also described about certain Judicial decisions in ‘Principal and precedents of Mohamadan law’, 1n 1829, Longivelle Clark included Notes on cases in his creation ‘Rules and order’s of the Supreme court’. ; Later in 1834 also publication of Judicial decisions was done, 1, which includes important, Marton’s Report was published in 184 Judicial decisions of 1774 to 1841. Marley considered it very ‘important, ‘According to Marley- “Marton’s Report is a work of the greatest utility and authority” (Morley’s Digest, 1) Later, many such reports published, like— (1) Bignell’s Reports (1830-31) (2)Fulton’s Reports (1845) (3) Montriou’s Reports (1846) (4) Boulnois Reports (1853-59) (5) Gasper’s Commercial Cases (1851-1860) (6) George Taylor’s Reports (1847) (7) Toylor’s and Bell’s Reports (1847-1853) (8) Morley’s Digest of Cases (1850) Sadar Civil Court law Reports—Sadar Civil Courts wert courts of company and it was on top in Mophsisal Judicial system. First time Sadar civil court of Kolkata suggested to publish Judicial decisions Law commission also suggested to publish a Digest of Judicial decisions Consequently By Sir Willian Hay Machaughten decisions report Ww published of Sadar civil court Kolkata. This Report was in seve d decisions of 1791 to 1849. Later it was aga” pharases, and it include published. in 1862. High cou Court published it (2) India (3) Hay’ (4) Mar, (5) Con (©) Bov (7) Mai (8) Hy (9) Kin (0) Si Indian passed in 1875 At that time § government. Ir of Reports. Its and determine It iss bound to hear Teport of anyany such reports ivil Courts were, cial system. First udicial decisions. udicial decisions: sions report 8 it was in seve™ rater it was ag@™ ~ Bombay sadar mill Report of initial High Court—High Courts fpleceiHigh cot potliited is ovnl oth inaae abe Court published its decisions from Tasocinisa Cronies ae _such reports were published by Bombay or Kolkata High Court. 12 volumes of Bombay High Court from 1862 to 1875 and 15 volumes of Kolkata High Court from 1863 to 1876 were published by name of “Bengal law Reports’. a During that period various Reports were published in different Names— (1) Weekly Reporter; (2) Indian Jurist at Calcutta; (3) Hay’s Report; (4) Marshall’s Report; (5) Coryton’s Report; (6) Bowrke’s Report; (7) Madras Jurist at Madras; (8) Hyde E. Reports; (9) Kinealy and Hehderson Reports; (10) Suther’sland’s Weekly Reporter, etc. Indian law Reports Act, 1875—Indian law Reports act was passed in 1875 to reform the level of publication of Judicial decisions. At that time Sir James F. Stiphen was the law member of Indian government. In this act many efforts were made to reform: publication of Reports. Its main object was to minimize the number of law Reports and determined Reports and to increase its quality. It is described in Section 3 of Act—“No court shall be bound to hear sited or shall receive or treat as authority biding ont the Teport of any case decided by any of the said high court on or after the@ Nase (9 Chen rO} Labo In his series in the hobhouse ports, (m) Inco! were published officially. The publi directions ; (n) Labs . 5 (0) Con “The publication of various decisions of various high cours as (p) Sak oneby thetileof(LL-R)By following way their publication stared @ Ele (1) In 1876, of Bombay, Kolkata, Chennai & Allahabad high (©) Raj court. | (s) We (2) Patna high ocurt in 1922. Ci (3) In 1926 of Luckhnow. 1 ‘ene Nagpur is most Privy appellate court council was co First t) They were ag more publishe (4) Of Nagpur in 1936. (5) Of Punjab in 1948. (6 Of Caltak and Assam in 1949. (7) Rajasthan and Maysoor, 1951. (8) Andhra Pradesh, in 1954. (9) Madhya Pradesh, in 1957. (10) Kerala, in 1957. (11) Gujrat, in 1960. privy council (12) Dethi, in 1968. ’ (M.LA,). the Non official Report—Along with official report, non-official 1872 ote Reports also started published— : Fede (a) Chennai law general (M.LJ.), Indian under (b) Indian law general polishes ei : law general { (c) Law times, Sup (d) Allahabad law generals, Supreme coi (e) All India Reporter (AIR), are being pul (£) Kolkata weekly notes, @ (g) Indian cases, i Gi) (h) Kerala of time,Lagat awention and Research Methodology (i Patna law times, () Nagpur law general, (k) Chennai weekly notes, ()) Labour and industrial cases, f (m) Income Tax Reports, (n) Labour appeal cases, (0) Company cases, (p) Sales Tax cases, (q) Election law Reports, (®) Rajasthan law times, (s) Weekly law Notes, (t) Civil decisions general (DN At present among them ‘all India Reporter’ published from Nagpur is most famous. Privy Council Report—Privy Council was the toppest appellate court of India before Independence. The Reports of privy council was considered most important. First time knapped published the decisions of privy council. They were again published in from of (ER) English Reports. Later more published reports with title (Moore P.C.), later the Reports of privy council were published by the title “Moore Indian Appeals” (M.A). the publication of appellate decision of privy council from 1872 to 1950 was published in 77 volumes. Federal court Report—Federal court was established for Indian under Indian government act, 1935, Federal court decisions was published as federal court Reports. Along with this publication of federal law general from 1937- Supreme court Report—In 1950, after independence Supreme court placed the federal court. Decisions of Supreme court are being published in various Reports, like— (i) All India Reporter (A.LR.) Gi) Chennai Law general (M-LJ.) (ii) Supreme court general (S.C:J.)a 26 rpsitshor z (iv) Supreme court cases (S.C.C.) (v) Supreme court appeals (S.C.A.) (vi) Supreme court weekly Reports (S.C.W.R.) etc. F Such the history of publication of law is very ancient. Publication pew! of various magazines, generals and reports are being done from sadar civil courts to Supreme court. But condition of publication is not satis satisfactory. In the opinion of Chief Justice S.R. Das of Supreme court. upot “The system of law reporting as it operates in India at present is neither that efficient nor expedient, it is of enormous quenting but of uncertain and dubious quality. The system is inconvenient and expensive both for the info litigants as well as the profession, it involves unnecessary waste of. lear time and labour, and it makes the task of the legal practioners difficult iste and confusing”. agr It is clear, that some reform’s are required in way of legal Reporting. No matter the number of reports are less but it must be qualitative. lav Q.7. What do you understand by lecture Method of teaching? Ans. Teaching has many ways, like— (a) Teaching by lecture method. (b) Teaching by case method. (c) Teaching by problem method, etc. Amongall these, lecture method is most famous and prevailing according to the reports of pitaburgh university— Often the cornerstone of university teaching, a lecture can be an effective method of communicating theories, ideas and facts to | students. i.e, in universities, lecture method can be seen effective by following ways— (a) Theories,, (b) Ideas, (c) Facts, | To inform the students. In lecture method, oral lecture’s are given by law experts, principals, professor’s by lecture’s. students of law get aware aboutevailing 2 can be facts t0 ctive bY exper po! teachin} ee As much the lecture shall be effective that must effect and ion shall be on students. The satisfaction o students depends upon the wise lecture. It is said in the report of pittsburgh university that— ‘ “The basic purpose of lecturing is the dissemination of information. As an expert in your field, you identify information for the Jearner and transmit this knowledge in the lecture. The lecture method isrecommended for high consensus disciplines, those in which there is agreement on the fundamental principles and procedures, such as math and the natural sciences”. - Such as the main object of lecture method is spread over the Jaw related informations, facts, ideas. Plan of Lecture—How should be the plan of lecture or How should be it prepared, its an important question. It is the thought of Researcher’s and law experts that- procedure of teaching should be included in lectures. Lecture should be such which is easily understood _ by students, such lecture is considered as effective. Effective lecture should have three elements. (a) Introduction (b) Main part (c) Conclusion f (a) Introduction—The first part of lecture is called ‘Introduction’, itis generally of three to five minutes in this short time, students are explained that object of the lecture, which is about to deliver to them, along with the points which are included in lecture. The object of introduction is to make students aware about the subject matter of lecture. The presentation of introduction must be such that it can attract the interest of students. If students won't be interested in lecture than that would become useless. ‘The presentation of introduction is expected by following —28 interaction with students, Le. presentatio lish Cen it could develop interest in ste be in such way, that regarding lecture. ; Gi) Make students ‘active and encourage them to relate Ieeture, present such kind of problems in front of that they become curious to solve it. ; i) Clarify the object of lecture and describe about how tou it ; (iy) Declaration of subject as title. of the lecture it includes the (b) Main Part—We call it body content of the lecture, systematically. Following matters are included in the main part of lecture— @ Fact 5 Gi Presumption ii) Theory and (iv) Simplification In the middle of lecture it can be said to students that— (@ it should be specially taken in account. (ii) please write down them (ii) theory and (iv) L would like to ask from you that (¥) you must remember that (©) Conelusion—Conclusion also has an. iniportant role in fecture, but generally it is ignored at the end of lecture should must be told about the conclusion. Conclusion basically involves following things-— (i) Repeat the subject in brief and remind the main-main points of lecture. (ii) Establish link between previous and post subjects, Points to be considered for a good lecture Following points should keep in mind for a good and worthful () voice (vi) promune| (vii) limit of (ili) types (ix) use of: Q.8. Deseri jecture Method. Is the leet} student or should demerits, so new ideas of Reform | Ans. Now In most of schoolt used. In India ba! methods are also] Lecture! Merits—Accord Pittsburgh this m (1) Itp sul st. (2) It st a @) i w @i ‘fation mus, in students relate wi ith of students, thow to use d develop it, includes the flecture— i that— fant role in puld must be -main points ects. and worthful aga! awetion and Research Methodology » (i) Keep distance between speaker and listener. Gi) Take care of physical activity (ii) face expression {iv) Expression (y) voice (vi) pronunciation (vi) limit of speech and expression (iii) types (ix) use of short lines Qs. Describe about the Advantages Disadvantages of Jecture Method. Or Is the lecture method is appropriate to teach young legal student or should it be constitute or do you feel that it has some demerits, so new method should be adopted? Suggest some tdeas of Reform by showing its Advantages and disadvantages: ‘Ans. Now a days lecture method of teaching is very popular. In most of schools and tiniversities the lecture method of teaching is, sued, In India basically this method is used. In foreign some other methods are also being used. Lecture Method has Many advantages and disadvantages Merits—According to the Research letter published by university of Pittsburgh this method has following Advantages (1) It provid jc and efficient method of delivering substantial amounts of information to large number of an econo students. (2) It afford subsequent learning e.g. readin: 5 a necessary frame work or overview for g assignment, small group activities. (3) It offer’s cur q texts) from many sources. (4) Itprovides a summary of synthesis of information from different sources. rent information (more up to date than most~ (4) The lecture method is often useful to supplement material from other sources. If student do not have time fo research or if they do not have access to referen: material, the lecture can fill the bill. By collection of from various books, eee ea pI before students. Such as lecture method has many advantages. Descr these advantage in brief is likewise— (a) Lecture method is effective when student ratio is high. (b) The person who deliver lecture is expert in this subject so it is opportunity to getting knowledge. g (c) Lecture provides more knowledge or information in less (d) Subject-expert can provide various kinds of Information by collecting from many sources. 4vr Christopher Columbus Langdel. This g I famous in England, America, Australia etc. : Langdel designed the case method not to help students better lawyer, but to perform a more scholarly goal to enable _and students to examine a case as the law Material of a new sci eso the science of law. : which is relate Theoretically, it is not important in case method that eel "decision was given by court in any case, but the important thing is th oe to decide the case what way was used by court to reach in conclusion spplyingt Pe. cto cudents vere Ackenly Oe Se holdings from the cases but were critically to appraise the applica pee | of circumstan< of the legal principles involved, both to the given situation and to o will be asked ~ possible variant situations. : solve the prob Students see good lawyers present good arguments to go the law, but i Judges who write good opinions and they see a good law teacher diss circumstances those arguments and opinions. | Lawyer spent most of their time trying to solve problems legal educatic most people learn how to solve problems by practicing. The case me® Leesa meth may teach students some problem solving, but only so = _ eel Jeam by watching, and watching is difficult to doing so. < (ae Hildeuis) a Materials which are widely used in the law schools of universdone in 1870 by This method of ly to derive the the application and Research Methodology — : ted States of America and the United Kingdom are based on ‘the common law, with its overlay of statutes and administrative “regulations and interpretive judicial decisions. The teaching of that law is usually approached through the traditional case method of teaching, ‘which may not be practiced in other countries for a variety of reasons, ‘Some of those reasons are attributable to the fact that the nature of the Jegal system in the various countries in the European continent, which influences a number of countries in French speaking Africa and in America, and to a certain extent in Asia, does not lend itself to this method of teaching. The use of such teaching materials requires that the course be constructed on the basis of those principles of common law, statutes, regulations and Judicial decisions which arose from the legal system in the developing country can concerted. Q.10. Describe the problem method of Teaching. Or Problem method is better than case method. Discuss. Ans. The another method of teaching is problem method. In this method such problems are presented before students by teachers, which is related to principals of law, and students have to answer over itaccording to the principals of law. This not only requires the knowledge of law but efforts in thinking through all aspects of the circumstances and applying the law to achieve a just result. It is said in a letter named ‘Distance learning’—“under the problem method approach, a professor will describe a particular set of circumstances which raise interesting legal problems. The students will be asked to apply the relevant principals of law to analyze and solve the problem. This require of the students not only knowledge of the law, but also effort in thinking through all the aspects of the . Circumstances and applying the law to achieve a just result. According to Myron Moskovitz—since the main purpose of legal education today is to train lawyer’s .... We should adopt the Problem method. (Beyond the case method: it is time to teach with Problems (1992) 42 general of legal education, 241) According to Barnard ja ward—Under the problem method, Students learn’law by applying the law to concrete legal problems thatfof the case method. ‘According to Myron Moskovitz—following the ‘under the problem method of teaching— @ ‘Analyze a new complex set of facts. * Gi) Organize the issues into a logical frame work, (iii) Read the Relevant authorities with an eye toward resolving the clients can care. (iv) Apply the authorities to the facts of the problem. ‘According to L.H. Ladmen- The problem method better replicates the way practicing lawyers think when confronted with a new problems. The problem method calls on more than precedent when solving problems, adding reasons and extra-legal knowledge to the task cof legal problem-solving. (The problem method of standing law (1953) 5, general of legal education 500). Q.11. Describe the importance of observation study, questionnaire, interview or case study method in legal research. ‘Ans. In legal research method observation study questionnaire, interview and case study, has an important place. 1. Observation method—Observation method has very much importance in the work of legal research. Itis a view process in this systematic study of facts of event when happened at spot. The main features of this method— (a) Observation is an affair of eyes not of ears. (b) In this Researcher himself present at work place. (c) It's used to find qualitative facts. (d) It is a view process method to keep data safe. (e) Itdiscloses truth (f) It is comparatively more reliable method. Purpose of observation is discovery of casual relation between various facts. 2. Questionnaire—Questionnaire is also very important in Advantages of que! (a) Itis appr (b) Itis econ () It consut (a) Itisrelit (No poss! (f) No pres (g) Gets ca 3. Intervie and easy way. In other. Researcher Accordin} process of social i Interview the personal life ¢ Advanta (@) Iti () ity (©) ItiEducation and Research Methodology 35 eet me legal research. It is,an indirect way of collection of facts. In thi: Mee researcher need not t6 contact directly to people. Through inieaonaes he can get answers from required people. > “Xectay A Questionnaire consists of a form containing series of © questions where the respondents themselves fill in the answer. Following things are expected to keep in mind while preparing questionnaire: ‘ork, (a) Question must be relevant and specific. £¥e to, (b) Question must be short and brief. Wards (©) They must be properly arranged. Oblem, (d) Questionnaire must not be unambiguous. 1ethod be () Questions must be objective. ronted with (£) Questions must be attractive. ch ecedent When (g) Questions must be impersonal. Igeto theta, Advantages of questionnaire method ig law (1953) (a) It is appropriate for detailed study and wide area. (b) It is economical. tion study, (c) It consumes less time. ieee (d) Itis reliable. eterna (€)No possibility of partiality. (f) No pressure on respondents to give answer. yd has very (g) Gets correct information. w process in 3. Interview- To get information in legal research, it is a direct and easy way. In this researcher and interview sits in front of each other. Researcher asks questions and other person gives its answer. According to W.J. Goode—Interviewing is fundamentally a i Process of social interaction. place- Interview is a good method of direct and deep study. It fumble the personal life of interviewer. spot. ife- Advantages of interview method— of i (a) It is Reliable and correct. pups on (6) It gets a good Response. hte (c) Itis a good way to get personal information and thoughts. st jmpRe ore single situation, group, y. Advantages of this method— (a) It is a deep study of any case. 7 (b) It gives detailed information of any unit. . (©) Ithelps in making questionnaire or schedules. (a) Knowledge of appropriate facts. (©) In this Researcher get real human experiences. ~ (f) It consist loyal study. Some other qualities of case study method— (a) study of an unit. (b) Deep study (c) Knowledge of practical pattern. (d) Study of overall unit. Q.12. What do you understand by legal aid? Highlig! its various dimensions in detail, at what extent it fulfills the feelit of constitution? Explain. E Ans. Legal aid is a part of legal services. That is legal servi¢ . which fulfills the concept of Justice and follows the principal of Nat Justice. It is a base principal of Natural Justice that- Every perAccording to Dr. S.N. Jain—In law administration to or deduct the effect of poverty, providing appropriate aid to poor person is legal aid. ; Summarily it can say that—To providing legal services to poor and weaker section of society. On the expenses of state in legal aid, so that they cannot be deprived from Justice due to lack of money, ‘Object—The main object of legal aid schemes are following— (a) To provide free legal aid to poor person or weaker section of society. (b) To provide services of law experts and advocates to every person who wants to defend himself. (c). Arrangement of adequate salary for these advocates by state. (d) Encourage organizations for legal help and provide them 1 grants. (e) Free copies of decision to punished criminals of imprisonment. (f) Arrangements for detained persons, who are imprisoned, to send their appeals in competent court. Sources—The beginning of legal aid scheme is along journey. Many sources helped in its origin. (1) Megnacarta—The main of legal aid scheme is Megnacarta of, 1215, it is said in Megnacarta that- No one shall be deprived from Justice. Justice shall not be a matter of sale and it should not be delayed. Jurist P.N. Bhagwati also considered is an important source in the beginning of legal aid scheme. @) Universal declaration of human rights—The universal declaration of | human Tight, 1948 is considered as second most important source of legal aid scheme. It is said in this declaration that-every Pen romn eee md they are equal in respect and rights. They have nce and logic. Th i i meee he gi ¢y must have harmonious relation between liberty, secur } fundamental rights, TY and equality before law are its In this i i relation the International Convent on civil and political depriv admin consi¢ consti has g provi seen. contr decis 154g Prov aid i; Cons Prontion and Research Methodology and covenant on economic, social and cultural is also Rg ionable. Which has provisions of equality before Jaw and equal ion of law. It has provision for ‘opportunity of hearing to every also. nthe opinion of Jurist Krishna Aiyerr- The world-wide value ortega id i inside universal declaration. (8) Theory of equality—The theory of equality is also considered important in origin of egal aid scheme, Therules of equality (a) Equality is a best quality. (b) Equality pleases with fairness. (c) Equality believes in fair practice and behavior. These rules of equality promotes that no person shall be deprived from Justice, every shall get equal protection of law and Judicial administration never discriminate anyone on the basis of Rich and poor. (4) Constitation—The constitutions of world are also considered important in legal aid scheme. Placing legal aid schemes in constitution provides them constitutional form. (6) Legislature—In various statutes also legal aid ‘scheme has given peace section 304 of criminal procedure code 1908 has provisions scgarding legal aid scheme. In other countries also provision of legal aid scheme can be seen. 5 (© Judicial Decisions—Iudicial decisions to provide important contribution to, promote legal aid scheme courts time to time in its decisions confirmed about the right of legal aid. MH. Hascatt V/s. State of Maharashtra (AIR 1978, sc 1548) In this matter Supreme court said that- it is duty of court to provide free legal aid not a compassionate. Provisions for legal aid—Comprehensive provisions of legal aid is given in constitution and legislature— (1) Provision in constitution—It is said in section 39 A of. constitution that-The state shall secure the operation of the legal system Promotes justice on a basis of equal opportunity and shall, in particular,code has arrangements regarding free legal aid- ‘where in atrial before the court of session, the accused isnot represented by pleader, and where appears to the court that the accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defense at the expense of the state. ; Similarly section 304 of criminal procedure code, 1973 has important provision regarding legal aid. Dilawar Singh V/s. State of Delhi (AIR 2007, SC 3234) in this matter Supreme court decided that where in a criminal matter, defendant is not represented by any advocate then court shall appoint Amicus curiae in those matters. Provisions in Legal Service Authority Act—Section 12, 13 of legal service authority act, 1987 describes about those person who are eligible to get legal service— (1) A member of schedule caste or schedule tribe; 2) A victim of trafficking in human beings or beggar as referred in article 23 of the constitution (3) A women or child (4) A person being ~ictim of (a) Mass disaster (b) Ethnic violence (c) Caste atrocity (4) Food (¢) Drought (f) Earthquake (g) Or industrial disaster (5) An industrial workman (6 Incustody, which includes—(a) Custody in a protective name within the clause (g) of section 2 of immoral Traffic act, 1956 (b)_ Orin a Juvenile home within the meaning of (i) of section 2 of the Juvenile Justice act, 1986, 7 Any such person whose annual income is less than decideg incoine time to time. Such as in legal service authority act, 1987, provision has been _ given for adequate legal aid. Sugrees urf Jadgish V/s. State of Rajasthan (AIR 2003, Rajasthan 149) In this matter Rajasthan high court decided that- person cligible to get free legal aid, when brings suit in any case, than he is made aware about his rights to get free legal aid. LE Q.13. What are Legal Services? Describe the nature and better than¢ object of legal services in detail. It also app! Ans. Legal services has important place in judicial solved befor administration. These are legal services which provides perfection to or amicable Justice and make it objective. Itt The meaning of legal service is-provide service in law field a. earlier it was taken as help of law, but now its area has become very Vide under the section 2(1) (c) of legal services authority act, 1987. Itis b. defined-legal services includes the rendering of any services in the is conduct of any case or other legal proceeding before any court or ‘ other authority or tribunal and the giving of advice on any legal matter. This definition clears two thing-— =I (4) legal service is provided in execution of any case of legal ee as proceeding. : for many y (b) It can be in the form of advice in legal subject. Sa But Jurist considers this definition incomplete. They say that Itis a cor legal service shall not be available at only during the proceeding of any lives (imn court, Authority or Tribunal, rather it should also be available before H any matter reach to any court, Authority or Tribunal, It is called me ea litigation legal services. As per above the meaning and area of legal due to lon service is very wide. It includes following— “Nsure sp» than he js ature and | judicial rfection to law field vome very 1987. Itis ves in the ’ court oF ral matter. ye of legal say that nef lle pefor jled pre j of jeg! Legal Education and Research Methodology “4. Legal education 4 b. Legal awareness c. Legal literacy d. Lok adalat e. Free legal aid f. Legal advice g. Compromise Process of legal service- Legal service is provided by two ways- 1. Before legal proceeding 2. During legal proceeding 1, Before legal proceeding—An old proverb — prevention is better than cure. It is said in villages that prevention is better than cure. Italso applies on legal services, according to this any matter must be solved before it reach to any court authority or tribunal through settlement or amicable settlement. It has many advantages- a. The case number shall be decreased in court, authorities and tribunal. b. Speedy justice to parties. c. No necessary expense. d. Feeling of affection and harmony between parties €. Saving the both time and money. It’s a bitter truth that there is stack of cases in court. Court are under the pressure of excess burden of cases. People didn’t get justice for many years, Parties get tired of walk to court regularly. Court seems like mirage to them. The court proceeding is very delay and expensives Itis a comment on today Judicial system that plaintiff dies but case lives (immoral), That’s why people are losing faith in Judicial system. Rajendra Singh V/s Prem Mai (AIR 2007,SC 3057) in this matter Supreme court said that people are fast losing faith in judiciary dueto long delay in disposal of cases. Authorities should do needful to ensure Speedy disposal of case.| Education and Research Methodology 45, ase of state. Basically it is free legal aid. Free legal aid is a part of egal services. Its provided in article 39 A of constitution-That, state shall secure that the operation of the legal system promotes justice on {basis of equal opportunity and shall in particular, provide free legal sid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason or other disability. And provision is given in section 304 of criminal procedure code, 1973, that where, in a irial before the court of session, the accused js not represented by a pleader, and where it appears to the court that the accused has not sufficient means to engage a pleader. The court shall assign a pleader for his defense at the expense of the state. Ina.criminal case an accused appeared without his pleader than court arranged an Amicuscuriae for him (Dilawar singh V/s. State of Delhi, AIR 2007, SC 3234) Such as free legal aid is provided to parties during legal proceeding by free legal aid. Sometimes lok adalats also tries to solve matters during legal proceeding. Advocate association, Banglore V/s. Chief Minister, government of Karnataka, Bangalore (AIR 1997, Karnataka 18) in this matter Karnataka high court decided that state shall provide building, library, and other facilities to advocates for pleader council, so that they can work effectively in field of legal service. T.A. Ramaswami V/s. Pappa Mo. (AIR 2009, NOC 90 Chennai) in this matter Chennai high court said that-under legal services indigent persoris should be provided process fees and expenses of witnesses. 1. Nature of legal services—It is duty of state to provide free legal aid to poor section of soci. ty. It is expected in public welfare slate that no person is derived from Justice, specially due to lack of Money. It is also provision in 39A. M.H. Hoscut V/s. State of Maharastra (AIR 1987 SC 1848) in this matter Supreme court decided that it is duty of state to Provide free legal aid to poor person, rot a compensation. Klabein Klabhai Desai V/s. Ala Bhai Karmashi desai (ATR