CONTENT

1. INTRODUCTION

2. DEVELOPMENT OF LEGAL EDUCATION DURING THE PRE COLONIAL ERA

IN INDIA
 PRE MUGHAL ERA
 MUGHAL ERA

3. LEGAL EDUCATION AND ITS DEVELOPMENT IN COLONIAL ERA

4. PRESENT STATUS OF LEGAL EDUCATION IN INDIA

 CONSTITUTIONAL PROVISION

5. INTRODUCING FIVE YEARS INTEGRATED LL. B COURSE

6. CONCLUSION

7. BIBLIOGRAPHY
1.
 INTRODUCTION
Law is a special calling demanding high quality of study and
research and commitment to the cause of justice. This is one of
the reasons why a lawyer has been referred to as a member of a
profession, as one pursuing a learned act by Roscoe Pound. The
study of law must, therefore, be of that quality and standard as
would justify Pound‘s description of a professional. However,
there has been immense criticism of the quality of the Bar. The
basic structure of the legal system is unarguably the area of
legal education as only after acquiring the same do people
become advocates and Judges subsequently. This, the law
University or the entire body of law students determine the
quality of not only the Bench and the Bar but affect largely the
legal system. The Bar and the Bench are but reflections of the
prevailing legal education scenario.
Thus, the quality of the legal education system is an imperative
determinant of the legal systems which ultimately comprises the
Bar and the Bench.
This chapter traces the history of Legal Education in India
during the precolonial era and transformation of legal education
in colonial era, with particular reference to the evolution of
its teaching mission and how that mission should be framed for
the future. It then provides an overview of current initiatives
and measures of reforms in Indian Legal Education.

DEVELOPMENT IN LEGAL EDUCATION DURING THE PRE COLONIAL ERA IN

INDIA
In examining the trends in legal education in the pre-colonial
era, this part highlights two important eras, namely Pre-Mughal
and Mughal. These two periods represent distinct religious
ideologies with peculiar features which influenced the society's
perception of law and need for trained legal professionals.
Pre-Mughal Era
Legal Education in India could be traced from as early as the
Vedic age, when it was essentially based on the concept of
Dharma. However, there is no hint of any formal legal education
offered at that time the training in law was self-learning and
mostly the kings themselves dispensed justice. Occasionally,
judges were appointed to administer justice. These judges were
not formally trained in administration of justice but were well
known for their ―righteousness and justness" and for following
Dharma.
The Vedas were the original sources of law, and the Smiritis
announced the message of the Vedas. The Smritikars were great
jurists, of which, Gautama, Bondhayana, Apastambh, Harita and
Vaishta were particularly respected for their Dharmasutras,
which were considered most ancient expositions on law. Life in
India during this period was simple and the form of judicial
procedure was less complicated than that of western
countries.The basic concept of education in ancient India was to
provide correct direction in the various spheres of life.
Education was aimed at teaching Dharma Righteousness,
recognizing that "Man is potentially divine, but is the victim
of his ignorance, passions and immoral tendencies, created by
his own past actions(karma)" Thus, the goal of education, as
well as the Hindu religion, is to overcome these weaknesses.
The notion of Dharma was not confined to religion, but was
understood to have two facets; religion and law. It is well
known that "Hunger, sleep, fear and sex arecommon to all
animals; human and sub-human. It is the additional attribute of
dharma that differentiates man from the beast." Dharma being the
central idea of the Hindu religion, separate training akin to
modern legal education was not felt to be necessary. During the
ancient period, legal disputes were settled by mediation,
negotiation and some form of arbitration. Thus, what we perceive
to be modern alternative dispute resolution mechanisms were the
usual methods for resolving dispute in ancient India.
Further, the law was believed to be very clear to all, requiring
no complex human interpretation. Thus, there can be no doubt
that parties to a dispute in ancient Hindu law had a right to
represent9. But such representatives do not. Appear as
independent trained third persons corresponding to the
Advocates, Vakeel.
Therefore, in absence of a need for trained legal professionals,
there was no institutionalization of legal education as a
separate branch but the same could be said to have been imparted
as a part of general education which revolved around the notion
of Dharma.

Mughal Era
The Mughal period in India began with the invasion by Babar in
1525 and extended till the ascendancy of British dominion in
India. During this period the Emperor was the head of the
judiciary. As Islamic jurisprudence is derived from the Quran,
it is treated as immutable by any human agency. Further, the
Sunna, which helped in explaining the Quran also became a major
source. ―A system of courts, following formal procedures, to
adjudicate criminal and civil cases, came to beestablished with
Mughal rule. The adoption of rules of evidence, introduced
further complexities in administration and seeking of justice.
These changes in the legal system necessitated the involvement
of legal experts, who were addressed as Vakils. Also, two Mughal
Codes, the Figh-e-Firoz Shahai and the Fatwa-e-Alamgiri were
adopted to deal with the duties of Vakil.
Thus, legal professionals began to play an important role in the
administration of justice. Though the Mughal legal system was
extended mostly to the towns, in religious matters, disputants
were allowed to settle their disputes in accordance with their
religious, including Hindu, customs. Further, at the village
level, Panchayats continued to exercise their powers to
adjudicate on most disputes except those involving serious
crime. However, an unsatisfied party could prefer an appeal from
the decision of the Panchayat before the court established under
the Mughal law.
Thus, legal assistance became increasingly necessary as the
administration of justice became more complex. Further, such
situation also meant that disputants without sufficient
financial resources were placed in disadvantageous situation.
Thus particularly during the reigns of Muslim emperors Shahjahan
and Aurangzeb, the Vakil(s) appointed by the State for this
purpose were known as Vakile-sarkar.
Though a system of third-party representation was formalized in
Mughal era, people who could function as such representatives do
not appear to have their queried specialized legal education and
there is no evidence of formal legal education system.
LEGAL EDUCATION AND ITS DEVELOPMENT IN COLONIAL ERA
The pattern of Legal Education which is in vogue India today was
transplanted by the Britishers after the establishment of the
English rule in the Country. It was in the year 1857 that a step
was taken in the direction of imparting formal Legal Education
in the country. The modern Indian legal profession dates from
British rule with the establishment of law courts in Madras,
Bombay and Calcutta in the year 1726. Meanwhile, the
establishment of three Universities set up in the cities of
Calcutta, Madras and Bombay formally introduced Legal Education
as a subject for teaching. This was the beginning of formal,
legislative legal education in India.
However, long back with an establishment of the Supreme Court in
Calcutta in 1774, there was an acute need for the trained
lawyer. Hence the Asiatic Society was founded with an initiative
of Sir William Jones, Judge of the Supreme Court.
Thereafter several colleges were started and affiliated to
impart legal education so as to prepare practicing lawyers and
judicial officers for the subordinate courts.
The formal legal education in northern India, was first ever
been started in the province of Punjab in 1868 at Anjuman-I-
Punjab, later on which was taken over by the Punjab University
in 1870. In 1874, vernacular classes in law were held to train
the police personnel, the State of Travancore. The same got
converted into law school and the judge of the Sadar court has
been appointed as a professor of law.
Thereafter, several Law Colleges were established in the
remaining parts of India.
However, there was no uniform pattern of legal education in the
country.
Nevertheless, the purpose of university legal education was just
to impart knowledge of certain principles and provisions of law
rather than teaching law as a science or an independent branch
of learning.
During these period, i.e. before an independence of several
codifications have been found, governing the quality and
conditions of the legal practitioner. The Regulation Act, 1772
recognized for the first time the legal profession in India.
Thereafter, it was codified in Bengal Regulation-Vll of 1793,
prescribing the scales of fee to be
charged by the Vakils. It was further modified by the Legal
Practitioners Act, 1846 as a subject to regulate both the Vakils
and Barristers. The Legal Practitioners Act, 1853 and 1879 made
suitable amendments. The Bar Council Act, 1926 was passed to
unify the Bar in India and to give legal profession measured
autonomy in its affairs wherein the State Bar Councils and the
High Courts were authorized to regulate the admission and the
conduct of the Advocates practicing in the Courts.
After independence, during the period 1947 to 1960, there was a
tremendous growth of law colleges in India. Unfortunately, this
was not based on any rational planning. These law schools were
lacking in even the minimum resources. Many of themwere without
any infrastructure viz. buildings or library, full time
teachers, facilities for theprofessional training or even the
final sanction of the concerned university.
PRESENT STATUS OF LEGAL EDUCATION IN INDIA
Legal education gathered momentum and acquired importance in
free India. India became free with a large number of its
citizens being poor and illiterate. The immediate concern was to
minimize inequalities and provide basic amenities to millions of
people. With the adoption of democratic form of government,
legal education was expected to bring the legal system in tune
with social, economic and political desires of the country. Thus
the basic concern for the legal system in the early period of
free India was to fulfil the objectives set out in the
Constitution.

Constitutional Provision
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. But
it now forms part of giving concurrent legislative powers to the
Union and the States19. Legal profession along with the medical
and other professions also falls under List III.
Though there is no specific entry in Schedule VII to the
Constitution of India that deals with legal education. The
regulation of standards of legal education, therefore, is
through the more generic entries pertaining to higher education
and entitlement to practice before courts.
‗…Coordination and determination of standards in institutions
for higher education… ‘is the subject matter of Entry 66 of List
I of the Seventh Schedule to the Constitution of India. Entry 25
of List III also pertains to education, and reads as follows:
―25. Education, including technical education, medical education
and universities, subject to the provisions of Entries 63, 64,
65 and 66 of List I; vocational and technical training of
labour.
Entries 77 and 78 of List I, are concerned, inter alia, with the
entitlement of persons to practice before the Supreme Court and
the High Courts. The Entries read as follows:
―77. Constitution, organization, jurisdiction and powers of the
Supreme Court (including the contempt of such court) and the
fees taken therein; persons entitled to practice before the
Supreme Court.
78. Constitution, organization (including vacations) of the High
Courts except provisions as to officers and servants of High
Courts; persons entitled to practice before the High Courts.
It is with reference to Entries 66, 77 and 78 of List I that the
Parliament has enacted laws for the regulation of professional
legal education in India. The regulation is partaken by two
statutory bodies constituted under the above-mentioned laws –
the Bar Council of India as the apex professional body concerned
with the standards of the legal profession, and the University
Grants Commission as an umbrella organization for all
institutions of higher education.
As the Constitution of India created a uniform judicial system,
concerns were raised in several meetings and conferences
stressing the need for an all-India Bar and uniform system of
regulating the legal profession20. The government formed the All
India Bar Committee under the chairmanship of the Judge of the
Supreme Court. The said committee in its report observed that,
in the absence of any centralized authority, the qualifications
required for enrolment as a lawyer by different High Courts were
not uniform. Also, there exists non-uniformity in various other
norms of legal education across the country. Hence, the
Committee recommended the establishment of State Bar Council for
each State and an All India Bar Council at the National Level as
the Apex Body for regulating the legal profession. The important
recommendation of the Committee was that the apex body should
also supervise the standards of legal education in India. To
implement the recommendations of the All India Bar Committee, a
comprehensive Advocates Bill was introduced in the Parliament
and the same was passed as the Advocates Act, 1961.

Introducing Five years integrated LL.B. Course

After a prolonged deliberation finally, the BCI issued
instruction in March1979 to all Universities and Colleges
imparting legal education, to adopt the new pattern of five-year
integrated course and three years’ time was given to change
over.
Nearly after 5 years of deliberations with the Universities,
State Bar Councils and the Legal Education Committee, the BCI
recommended changing the 3 years LL.B. program to 5 years and
accordingly it recommended the following changes.83
A degree in law obtained from any University in the territory of
India shall not be recognized for the purposes of enrolment as
an advocate from June 1st1982 unless the prescribed conditions
are fulfilled. The following are the important measures:
1. At the time of joining the course the person concerned must
pass an Examination in 10+2 course of schooling recognized by
Central or State Government or possess such academic
qualifications which are considered equivalent to 10+2 course.
2. The course of study for obtaining law degree shall be
minimum 5 years out of which first two years shall be devoted to
study of pre-law courses and the last 6 months of the fifth year
shall include regular course of practical training.
3. Law College shall be located at a place where there is a
District Court or a Circuit District Court.
4. Professional law education shall only be through whole time
day colleges or University departments from the academic year
1982-83.To consider as whole time, the working period of the Law
Colleges and Departments shall extend to at least 5 1/2 hours
continuously on every working day comprising of class room
teaching which shall include at least periods of one hour each
and the remaining one hour of the working day devoted for other
works such as library, tutorials, curricular Yr and co-
curricular activities in the campus.
5. The strength of part-time teachers may be increased from 25%
to 50%of total strength of teachers.
6. The medium of instruction shall ordinarily be English.
However, where the instruction and answering the exams are in a
language other than English, the candidate may be enrolled as an
advocate only after passing a written test on 'Proficiency in
English' to be conducted by a State Bar Council. But such test
is not required if the candidate has passed such a test as a
part of his course of instruction in law.
7. No student shall be admitted to LL.B course unless he/she
secured minimum 45% marks in aggregate in the qualifying
examination. However, a relaxation of marks up to 5% in the
qualifying examination may be given for the students of Schedule
Castes and Schedule Tribes.
8. The teacher student ratio was increased to 1: 40. The maximum
strength of students in each class (LL.B I, II, III, IV, V)
shall not exceed 320, and in any section of each such class.
9. In the field of curriculum, the BCI recommended seven
compulsory pre law courses for the first two years, and for the
remaining 3 years, 12compulsory papers and minimum 6 optional
subjects from 23 subjects Sociology -1 paper, Legal Language
including Legal Writing - 1 paper, History of Courts – 1paper,
Legislatures and Legal Profession in India - 1 Paper. Mentioned
in the circular. Practical Training was included as one of the
compulsory subject.
10. For the practical training, the BCI recommended six months
of instruction which shall include court visits, documents,
rules of courts, exercise in drafting,pleading; work at Lawyer's
Chamber and attendance at Professional Ethics lectures. The
student shall be required to pass an examination in this course
to be conducted by the University concerned.
11. New colleges approved by BCI would commence professional
legal education according to the above rules from the academic
year 1982-83. However, already existing colleges may be allowed
to run the existing three-year LL.B. course for a period not
more than two academic years. Such colleges seeking extension of
time for the change over from three years course to five years
must declare their intention to switch over by the academic year
1984-85 and send a report within a year from 1-06-1982 to the
BCI.
12. Further students who have joined the first year in any
graduate course in198283 or earlier would be eligible to pursue
legal education under the old rules and such student could be
admitted in 3 years course till the beginning of the academic
year 1985-86.
13. Therefore after the academic year 1985-86, three year degree
course would be discontinued.
14. Further the new rules are intended only for giving
professional legal education to those students who desire to
become advocates only. Hence, students who do not want to enter
the profession of advocates can pursue their legal education
under the old rules in 1982 many Universities expressed their
inability to change over and asked for more time. Accordingly,
the BCI obliged the request and extended the time for another
two years.

CONCLUSION
Legal Education in India has unable to respond historically and
meaningfully to contemporary challenges. It is obvious that
except the duration of the courses and entry level examination
for the bar, there has not been innovation in legal education
since independence. The focus of the legal education has
remained confined either to the preparation of legal
professional or servant from corporates and MNCs. Despite of
various committees for the reform in the legal education and
their muffled suggestions, there has not been any remarkable
change in the scenario of the legal education in India. Indian
Legal education system is not yet prepared to face the
challenges of the globalizations. Compared to other filed of
knowledge viz. science, engineering, medical and management, the
legal institutions have failed in pacing with the modern
technological advancement and social development.
Even for creating a man power for bar and bench, the present
system of legal education has failed in providing the content of
practical exposure. The studies only have a theoretical focus
with an old age lecture method with chalk and duster only. All
the attempts of so called reform appear to be lacking in long
term vision and carried on without the grass-root detailing. The
directions provided seem to be with hallucination.
A recently held National Convention on legal education at
Gangtok, Sikkim in its Gangtok Declaration too reiterated that
autonomous institutions for legal academia and legal research
should be established to fulfill objectives of legal education
viz. (i) accessibility (ii) equity and (iii) excellence in order
to achieve the fundamental objectives of legal education to
fulfill the aspiration of ‗We the people of India.
Except few most of the legal education institutes are suffering
from mediocrity. There are few island of excellence, but feeble
in number and inadequate to cater thenational requirement of
legal pool. Moreover, the important aspects of Continuing Legal
educations, integration ICT and other latest technology are
missing at large. The research output of legal educational
institutes is trifling. There is neither a policy nor any
program either to develop or inculcate the research attitude
among the students or faculty.
Legal education in India requires, in deed a revamping, however,
a new technique of restructuring needs to be devised instead of
repeating earlier futile experiments.
 BIBLIOGRAPHY
WEBLIOGRAPHY
1. http://shodhganga.inflibnet.ac.in
2. http://www.legalserviceindia.com/legal/article-76-legal-
education-in-india.html