Legal Education in India

The Constitution of India basically laid down the duty of imparting education on the states by putting the matter pertaining to education in List II of the Seventh Schedule. However, it now forms part of List III, giving concurrent legislative powers to the Union and the States. Legal profession along with the medical and other professions also falls under List III (Entry 26). However, the Union is empowered to co-ordinate and determines standards in institutions for higher education or research and scientific and technical institutions besides having exclusive power, inter alia, pertaining to educational institutions of national importance, professional, vocational or technical training and promotion of special studies or research.

The Journey of Legal Education, from the crossroads to modernization

Prior to the introduction of law program, Bharatiya Vidhi Sansthan believe that most of the students who performed well in their Intermediate Education aspired to study medicine, engineering, computers, business management and accounting. Law as a profession and legal education as a discipline was not a popular choice of the students. Unlike India, the situation prevalent in England, America and in many other developed countries is convincingly different. The admissions to law schools in these parts of the world are highly competitive. The end result is that the 'creams' among students opt for law by choice and not as the last resort and thus richly contribute their shares to the society as lawyers, judges, para-legals and academicians.

Though, Bharatiya Vidhi Sansthan are doing their bit to bring about a change; but more effectively the perspective of prospective law students can be changed by a healthy pre-legal education at the school level.

Recognizing the need for modernization of legal education

The conventional role of a lawyer is to step in after the event takes place, in order to resolve dispute and dispense justice to the aggrieved party. In the changed scenario, the additional roles envisaged are that of policy planner, business advisor, negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. In this the era of information capitalism, economic liberalization and WTO, legal profession in India has to cater to the needs of a new brand of legal consumer/client namely the foreign companies or collaborations.

The Bharatiya Vidhi Sansthan makes strategic plans that set out a clear vision of justice delivery and address the emerging realities of the market. Goal of the law schools should be to build a 'system of legal education' that:

1. Encourage Clinical training:

In the past it was sufficient for those reading law to restrict their knowledge to the theories of law, codes or decided cases. However, in order to meet the new challenges of the present legal system, it is imperative that the law schools provide clinical legal education.

'Justice' must become central to the law curriculum and community-based learning must give the desired value orientation in the making of a lawyer. This concept of justice education in the field of legal education means that the law school curriculum should entail certain programs like Lok Adalats, Legal Aid & Legal Literacy and para-legal training.

The complementary teaching methodology of learning by doing and the conventional classroom teaching, through the law school clinics, help in developing the advocacy skills in the law students. 'Mock' trials and Moot court competitions, structured as court trial; client interviewing and counseling sessions; legal research; editing of law journals; legal drafting and conveyancing; court visits etc. in the curriculum is one of the ideal ways to facilitate performance based education. It is a means of improving in students the

basic skills such as the skills of critical thinking, presentation skills, participation skills, and the skills to work as a team, the leadership quality, in addition to the boost in student’s knowledge of law.

Even though, in tune with the time, Clinical Legal Education holds an indispensable position, still its acceptance, existence and development in present legal education system, is at its nascent stages.

Scheme of legal education:

Bharatiya Vidhi Sansthan believes that due to lack of infrastructural support, we failed to establish a clinic which would facilitate the students to carry out experimental learning of law. It is pertinent that the Bharatiya Vidhi Sansthan facilitates , the establishment of functional clinics and for promoting the programs like as Lok Adalats, legal aid and legal literacy, client interviewing and counseling etc.

The teachers of Bharatiya Vidhi Sansthan associated with the clinical education preferably have some practical experience in law. Association of retired judicial person/ professors, as visiting faculty are instrumental in selecting suitable clinical experience for the students and enhance amongst the students the commitment to learn. Other constraints of Bharatiya Vidhi Sansthan to foster higher standards of clinical legal education. To ensure adequate supervision, right guidance and extensive practical learning.

There are regular refresher programs organized by the Sansthan 'training the trainers' which help the students, the aplomb which every advocate should possess.

2. Promote an inter-disciplinary approach of law with other social sciences:

A person who studies law must have some proficiency in country's history, political theory, economics and philosophy, to enable him/her in becoming agents that participate in institutional changes

3. Encourage proficiency in languages:

Command over spoken and written language, effective oral skills, diction and extensive reading are pre-requisites that are understood. Knowledge of a foreign language is important to be a lawyer in the global economy. Law students should be provided with the opportunity to learn a foreign language of their choice.

4. Personal Characteristics:

Lawyers, solicitors, legal executives all need good intellectual ability, the ability to assimilate & analyze facts quickly. Law students hence need to develop their ability to distinguish the relevant form the irrelevant, screen evidence, and apply the law to the situation under scrutiny.
The law students are further required to enhance the ability to argue, explain and convince points of law. They need to maintain their complete integrity of character and need mental and physical stamina in order to cope with the long hours, travelling and stress.

5. Promotes acquaintance with new technological means:

Law schools and universities should be able to provide e-programs on the shelves. The teachers should put program materials on the Web, conduct on-line tests/assignments and grade students. Web sites can lead learners to virtual classrooms. Teachers and students should be oriented to look at the Web as an information provider.

6. Develop a critical outlook:

Law teachers should switch over to what is called as 'comparative method of teaching'. The law students should be mobilised to evaluate the existing or prospective draconian laws, participate in discussions on the latest developments and required amendments.

Conclusion: Legal education is an investment which if wisely made will produce most beneficial results for the nation and accelerate the pace of development. Of late, the role of a lawyer in a common law system is more than a skilled legal mechanic; he acts as a harmonizer and a reconciler. The legal education granted at the law schools should be aligned to the conventional and contemporary needs of the legal profession.

As our laws are so complex, the work of Lawyers and Judges is very significant. Moreover, as the society is getting more civic conscious and aware about the legal framework, the jobs in Law are also gaining popularity and high scope. A lawyer is an individual licensed by the state to engage in the practice of law and advice clients on legal matters. Lawyers act as both advocates and advisors on behalf of their clients. As advocates, they represent either the plaintiff or the defendant and advance their client’s case through oral argument or written documents such as motions and briefs. As advisors, lawyers counsel clients on how the facts of their particular case apply to the law.