ROLE OF BAR COUNCIL OF INDIA IN DEVELOPMENT OF LEGAL EDUCATION IN INDIA
Aarti Meena
The author of this blog is a Law Student, School of Law, Jagran Lakecity University, Bhopal.
Bar
Council of India (hereinafter called BCI) has played an indispensable role in
Legal Education in India. BCI has structured Legal Education System as it
exists today. BCI being the pillar of support towards Legal education, boldly
decided to initiate and sponsor five years integrated course from three years
course in national law college Bangalore, India. The outstanding success of the
National Law School led to the setting up more such schools similar to the
Bangalore Model. Today there are 23 National Law Schools in the country. This
had indeed given a special impact to Indian legal education.
In
the present age the aim of legal education has changed. BCI has failed to
implement the new changes required in the Legal Education field. BCI is still
fixated with the view that the sole purpose of Legal Education is to generate practicing
lawyers. The aim of Legal Education should be to create lawyers who are
comfortable and skilled in dealing with the differing legal systems and at the
same time remaining strong in one's own national legal system.
An
immediate challenge is to improve the quality of legal education in a vast
majority of law schools in the country. A significant focus should be on
developing the curriculum so that it meets the contemporary demands for legal
services, recruitment of competent and committed faculty, establishing research
and training
centers, necessary financial support from the state, and creating necessary
infrastructure, especially a well endowed library.
LEGAL
EDUCATION SYSTEM IN INDIA
Study
of law is referred as legal education and law is considered as a
multi-disciplinary subject which involves basic knowledge of science,
philosophy, business modes, arts, general knowledge, history etc. and include
everything which concerns the welfare and intercourse of men in society i.e. a
lawyer need to have understanding of all these to regulate the relation between
individuals in society and although to produce lawyers of such qualities is
certainly not possible for our law schools but all efforts need to be made to
achieve this goal of legal education in our country.
Today
India produces the largest number of law graduates and around more than fifty
institutions produces more than 5000 graduates per year. The number has
increased over the years and there is wide range of professional opportunities
available for students creating the future direction of legal education immense
in India. The legal world has changed with change in legal education system and
now it is completely different from what was it 10 years ago. Now the
opportunities or career options are vast for trained lawyers and the method of
teaching is also significantly improved from the past years making it a
promising career option then earlier when it was used to be the last resort.
ROLE
OF BAR COUNCIL OF INDIA
The
Advocates Act, 1961 was passed by the Parliament of India by integrity of
powers under List I of the Indian Constitution. This Act demands BCI to raise
standards and promote legal education in India. According to Section 49 of
Advocates ACT, 1961, the Bar Council of India structured Bar Council of India
Rules, 1965 in which chapter VI exclusively intervene with minimum standards of
legal education in India, which was further amended for the purpose of
improving standards of legal education[1] .
According to the supreme court in the matter of Bar Council of U.P v. State
of U.P. Section 4 of the Advocates Acts, 1961, which prescribes Bar Council
of India has been constituted, is an enactment made pursuant to Entries 77 and
78 of schedule VII i.e.it deals with the subject matter of “Persons entitled to
practice” Bar Council of India is a professional body which holds an obligation
to maintain the standards to be observed by the members of the Bar. In
consonance with the several State Bar Councils, Bar Council of India has an
obligation for all matters which relates to ethics, regulations, discipline,
admission and development of the profession. The responsibility of Bar Council
of India has not been confined or cramped to professional standards alone, but
it also stretches its branches to a regulatory character viz-a-viz legal
education which was noted as early as in 1958 by the 14th report of the Law
Commission of India. The regulation of Bar Council of India in legal education
is further manifested by the provisions of the Advocates Act, 1961. Section 7
of the Act, which defines the functions to be performed by the Bar Council of
India.
THE
GLOBAL PANORAMA OF INDIAN LEGAL EDUCATION
Regarding
the history of the stages in legal education, about fifty years ago the concept
was that the law schools are meant to produce law graduates who would mostly
come to the Bar, in which the others would be interested in law teaching.
Therefore the Advocates Act, 1961 was enacted to achieve the said objective,
but during this period and more specifically after liberalization during the
year 1991, the entire concept of legal education has changed. Today, legal
education has to meet not only the requirements of the bar and the new needs of
trade, commerce and industry but also the requirements of globalization. Legal
education was modified with new subjects and international dimensions. There is
also a tremendous need for non practicing law graduates in trade and commerce
in accordance with the need for a new regulatory mechanism which will cater to
the above mentioned present and future needs of the country. Therefore, among
the various type of Legal Education, we can list out the type which is
necessary for those who practice law and for those who need academies subjects
of substantive law exclusively, the type which deals with public legal
education or Paralegal education, the type which prepares law graduates to deal
with legal, regulatory and ethical issues in active sectors of domestic and
international business and industry, and finally, the type which professionals
in engineering, medicine, management and social work may require[2].
CONCLUSION
Legal education has changed drastically from past 10 years but still reforms are needed to make it effective and justice oriented. There are some issues which need to be looked into for repairing holes in our current legal system such as emphasis should be laid on research and publication activities, need to reform curriculum at the earnest, trained faculty, imparting training based education, introduction of law subjects at school level as to ensure basic knowledge of law to students of all stream etc. This will help in growth and development of legal education with increase in reputation of the profession to meet the challenges of the field and to grow and contribute by providing fullest opportunity to law aspirants for the progress of the country. Hence we can’t say that legal education in India stipulates more development and ultimate awareness among the law graduates and as well as general public because the problem is Bar council of India is not performing its functions religiously which are provided under “The Advocates Act, 1961”.
Legal education has changed drastically from past 10 years but still reforms are needed to make it effective and justice oriented. There are some issues which need to be looked into for repairing holes in our current legal system such as emphasis should be laid on research and publication activities, need to reform curriculum at the earnest, trained faculty, imparting training based education, introduction of law subjects at school level as to ensure basic knowledge of law to students of all stream etc. This will help in growth and development of legal education with increase in reputation of the profession to meet the challenges of the field and to grow and contribute by providing fullest opportunity to law aspirants for the progress of the country. Hence we can’t say that legal education in India stipulates more development and ultimate awareness among the law graduates and as well as general public because the problem is Bar council of India is not performing its functions religiously which are provided under “The Advocates Act, 1961”.
[1]
"All India Bar Examination (AIBE)". Bar Council of India. Retrieved
14 May 2014.
[2]
"The All India Bar Examination 2015".
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