history of legal education in india

8/18/2019 History of Legal Education in India

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HISTORY OF LEGAL

EDUCATION IN INDIA


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LEGAL EDUCATION

Legal education in the India generally refers to the education oflawyers before entry into practice.Legal education in India is o ered bythe traditional universities and thespecialized law universities and schools

only after completion of anundergraduate degree or as anintegrated degree.


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LEGAL EDUCATION IN ANCIENTINDIA

• The concept of dha !a , in the Vedic period,

can be seen as the concept of the legaleducation in India.

• Although there is no eco d of fo !alt aining in law, the dispensation of usticewas to be done by the !ing on the basis of aself"ac#uired training.

• "u#tice was also administered by the $ing through his appointee# who in turn werepersons of !nown integrity and reputation ofbeing fair and impartial.

• The guiding force for the $ing or hisappointee was the upholding of theDha !a .


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LEGAL EDUCATION IN %RITISHINDIA

• %irst concrete step in the direction of organisinglegal profession was ta!en through RegulatingAct of &''( which empowered to enrol advocatesand Attorneys"at"law to the &upreme 'ourt.

• The Sup e!e Cou t was established in Fo t)illia! in )engal through a charter issued in&''* . At that time Indian Lawyers had no right toappearance in the 'ourts.

• The %engal Regulation +II of &',( whichcreated for the *rst time a regular legal professionfor the company+s courts, which allowed theappointment of +a-il# or native pleaders in thecourts of civil udicature in the provinces of )engal,)ihar and rissa.


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• In &./& three High Cou t# were established atCalcutta0 1ad a# and %o!2a3 . At this timethree bodies of practitioners viz, Ad4ocate#0Atto ne3# and +a-il# were in e-istence.Advocates were the barristers of ngland orIreland but the Va!ils were Indian /ractioners.

• Legal 5 actione # Act0 &.', , provided forenrolment to only those practioners who hadta!en LL6% degree from Indian 0niversities

• 0nder Section *& , the 1igh 'ourt could dismissany advocate or suspend him from practice bygiving an opportunity to defend him.

• %a Council# Act0 &,7/ uni*ed two grades oflegal practioners, the Va!ils and /leaders, bymerging them in the class of advocates.


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• Fo !al legal education in India came intoe-istence in &.88 when the *rst professorship oflaw was established at the 2overnment

phistone 'ollege in )ombay and 3adras and1indu 'ollege at 'alcutta.

• At that time the p i!a 3 ai! of legal educationwas to e9uip la: #tudent# so that they couldhelp the lower courts and the 1igh 'ourts in theadministration of ustice by enrolling themselvesas Va!ils or becoming udicial o4cers, and thusserve the interests of the Administration.

• In the year, &.8' legal education wasintroduced as a sub ect for teaching in threeuniversities in the presidency towns of Calcutta0

1ad a# and %o!2a3 .


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LEGAL EDUCATION IN INDE5ENDENTINDIA

• In &,8*0 ;I+th


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• After the year 1961 the %a Council ofIndia was empowered to lay downstandards of Indian Legal education

• In 196! this body established a uniformthree years LL B Course with annuale-aminations and prescribed compulsory

and optional sub ects to be taught at LL.)level. 3ost of these sub ects weretraditional topics and there is noguidance relating to curriculum planning.

• It was only by 196! , that it becameonerous tas! for the three year lawcolleges to include procedural su"#ects

into the curriculum of their law school.


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• In response to popular demand, the Bar Councilof India pu"lished the $ules in its *nal shapeas applicable from (> No4e!2e &,,. .

– The !ini!u! 9uali?cation for being an advocate isan LL% Deg ee , generally a three year course, whichcan be obtained after g aduation in other disciplines.

– A debate as to its e4cacy in the recent past led to a

proposal of a ?4e 3ea integ ated cou #e after anintermediate 57=>86 e-amination 5from 7st class to78th class " total period of 78 years of study6.

– The th ee 3ea cou #e itself came to berestructured into a #e!e#te #3#te! and severalpapers came to be included and e-cluded as per the)ar 'ouncil 2uidelines. 1ence, the 'ouncil todayallows both the 9 year course and ; year course tocontinue.


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In India, a student can pursue a legal course only after completing anundergraduate course in any discipline. 1owever, following thenational law school model, one can study law as an integrated courseof *ve years after passing the senior secondary e-amination.

The follo:ing a e deg ee# confe ed 23 di@e ent IndianUni4e #itie#

• %achelo of La:# BLL6%6 " The LL.). is the most common law degree

o ered and conferred by Indian universities which has a duration ofthree years. Almost all law universities follow a standard LL.).curriculum, wherein students are e-posed to the re#uired bar sub ects.

• Integ ated unde g aduate deg ee# " ).A. LL.)., ).&c. LL.)., ))A.LL)., ).'om. LL.). These degrees are mostly o ered in theautonomous law schools having a duration of *ve years.

• 1a#te of La:# BLL616 " The LL.3. is most common postgraduatelaw degree which has a duration of two years.

• 1a#te of %u#ine## La:• Docto of 5hilo#oph3 B5h6D6• Integ ated 1%L LL1 1%A LL16 "2enerally a three years double

degree integrated course with specialisation in business law.


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LA? 0@IV &ITI & I@ I@BIA• The ? #t la: Uni4e #it3 in India was set up in

)angalore which was named as the National La:School of India Uni4e #it3 Bpopula l3 NLS 6 .@L& o ered a *ve years law course upon thesuccessful completion of which an integrateddegree with the title of C).A.,LL.). 51onours6C wouldbe granted.

• In Tamil @adu D The D 6A!2ed-a La:

Uni4e #it3 E is established in the year 7FF


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LEGAL EDUCATION INDIANLA)S CO11ITTEES FOR1ED

•

%irst Indian 0niversity 'ommission, 7F=8• ecommendations of 'hagla 'ommittee,

7F7=•

)ills on Legal ducation 7F9


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• stablishment of )ar 'ouncil of India Trust,7FH:

• %irst @ational 'onvention on Legalducation, 7FHH

• All India Law Teachers 'onference, 7FG7•

eport of )ar 'ouncil of India, 7FG8• All India 'ouncil for Technical ducation

Act, 7FGH• eport of the 'urriculum Bevelopment

'entre in Law, 7FF=• )ar 'ouncil of India Training ules, 7FF;• eport of /rofessional Legal ducation

eform 'ommittee, 7FF<


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history of legal education in india

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