Parliamentary Standing Committee Suggests Measures To Strengthen Legal Education
The Department- Parliamentary Standing Committee Chaired by Rajya Sabha member Sushil Kumar Modi, presented its 142nd report on the Subject – “Strengthening Legal Education in view of emerging challenges before the Legal Profession”.
The committee on Personnel, Public Grievances, Law and Justice recommends limitation on power of Bar Council of India (BCI), uniform curriculum in all law colleges, mandatory two-months apprenticeship among others. The report suggests to redesign the legal curriculum in accordance to the overall development of legal professional and not just courtroom practice.
In view of the changing practices, unlike the Advocates Act, 1961, where legal profession is not just confined to a limited role of lawyers working in courtrooms but beyond. The committee recommended to set up an independent authority, the National Council for Legal Education and Research under the proposed Higher Education Commission of India.
It recommended the BCI’s regulatory functions to higher education in law should be entrusted to the suggested independent authority. The committee responded, “There is no sense in the BCI having regulatory powers over the entire spectrum of legal education. Further, the BCI has neither power nor expertise to meet the challenges of the ever-changing globalized world. This view has also been expounded by the National Knowledge Commission. Also, there is a near unanimity amongst all the expert witnesses who appeared before the Committee, on this particular issue”.
The committee also directed the BCI to take urgent and effective measures to ensure excellent legal educational standards while granting recognition to colleges. While pondering over the current status of different curriculum and syllabus as prescribed by the affiliated colleges, which creates unevenness among law graduates, the committee suggested to adopt a uniform curriculum for all undergraduate (UG) law courses, LLB and LLM.
Additionally, the experts instructed BCI and the universities to require a two-month apprenticeship as a prerequisite for UG courses in order to enrol as an advocate. Additionally, it suggested that students should receive stipends for their internships under seniors. It also requested to include hands-on training initiatives, such as moot court competitions, to improve participants” oral advocacy and critical thinking abilities.
Observing that reservation policy is not implementing rigorously in the law institutions, it recommended BCI to oversee the implementation and withdraw the recognition granted, if they fail to follow the rules.
