INTRODUCTION:
In our country Legal education system is controlled by the Bar council of India. There is a separate committee formed by the Bar council. Presently, Justice A.P Mishra, Former Supreme Court Judge is the chairman of the Legal Education committee. The main function of this committee is that to regulate and Inspect the Universities that they are providing the proper legal Education. In case, if the any Law college was not functioning properly, The Bar council of India has right to remove the License .Also, I am happy to observe that Vice chairman of the Bar council of India is Senior Advocate S. Prabakaran from Tamil Nadu holding this position. In Present situation there are many private Law colleges are evolving due to Prestigious manner of the college owners. But, the problem is that without studying properly and regular to the college the students are getting graduation and practicing as an Advocate. Because, the some of the law college becoming the commercial and providing degree certificate. The Legal Education committee should overview upon this issue and take necessary steps to prevent these type of the colleges. Legal education committee only giving the recognition to the Law colleges .
ENROLLEMENT OF THE ADVOCATES:
After a person holds a degree from the recognized Law college, They becoming the Law graduates. If they want to practice in the courts Enrollment is a mandatory. In all the states of the Bar council strictly scrutinize their profiles and Application. If they given any false information, their application will be cancelled and that per will be liable. After the Enrollment the candidate has to pass the All India Bar Examination. Within two years that person should pass All India Bar Examination. After passing that exam only Certificate of Practice will be given and Practice in Anywhere in the territory of the India. Then, Bar council of India will registered for the Advocate welfare fund. But, accordance to the Bar council of Tamilnadu welfare scheme is different and it is different process. Eleven Thousand rupees should be paid in the Bar council of the Tamilnadu. From 2009-2010 batch onwards All India Bar Examination is mandatory for the Law Graduates who Enrolled as an Advocate in the State Bar council accordance to the 24 of the Advocates Act 1961. This examination is open book only. Syllabus will be given before three months. For whole India same syllabus had been set up. Usually, All India Bar Examination will be conduct twice in a year. According to All India Bar Examination Advocate may attempt many times in the Examination. But, Advocate should mandatorily pass this Exam. Otherwise, The EnrolLement will be suspended by the State Bar Council. Advocate should practice before the Supreme Court, they has to pass Supreme court Advocate on record Examination conducted by the Supreme Court.
LEGAL EDUCATION:
Before the year of 1920, Legal Education was not emerged. Because there is no awareness and no importance was also given. Only Eminent person only have a chance to study law. Bar council India with the permission of the State Bar council they will inspect all the Universities and promote the Legal Education. At present situation A person studies law, not only practice they may enter into different perspective of the Journey. For Example, Entering into Politics, Creating a NGO and helping the people and doing the service to the Public or Doing Business. Also, Accordance to the Legal Education there are many scopes to study the law and Enlighten in the society. Under Graduation, Post Graduation, Philosophy in Doctorate. And there is a chance to study the Certificate course though there is no Law background. Bar council of India should regulate the Legal Education by Eminent person. Accordance to the Constitution of India Entry 66, 67,78 of List 1 which includes the two regulating authorities. Firstly, Bar Council of India is the Highest Authority accordance to the Legal Education and Promotion of the Legal Education.Secondly, University Grants Commission is the interconnected of the all Higher Education System. Accordance to section 7 of the Advocates Act , Bar council has to inspect the all the law colleges and should promote the legal education. Any issues had raised, Bar council had to resolve the problem. Presently, Issues and problems had been raised that regarding one year LLM and Two Year LLM course. Some Universities are not giving the Admission if a student studied one year LLM. My opinion is that One year LLM Should not be entertained . If a Law graduate studying LLM for Two years they are studying deeply and Briefly. So, Bar Council should Abolish the one year LLM Course.
CHALLENGES IN INDIAN LEGAL SYSTEM:
Now- a- days many Law colleges were emerging in our country. And strength of the Advocates are also raising in the 21st century. Law studies is the basement of the Civil services and practices in the courts. In the Globalization era, New courses are also emerging presently. For Example, Honors course and One year LLM etc. In the Under graduation itself some of the students are lacking to complete their legal education in the college itself. Some of the students studying in abroad and enrolling in the State Bar council in the India, and becoming the Law Practitioner. Though, The Bar council of India conducting the entrance examination and screening examination foreign graduates are passing easily. But, why our Indian Law graduates are not able to pass the exam easily. This is a big question mark. So, Indian Legal education system is excellent. But, some of the colleges are not following properly. Bar council of India has to take necessary action and cancel their license to running the Law colleges. Law students should participate in the International Moot court Competitions and International conference for developing their knowledge and developing the skills. As my opinion is that all the students should provide the opportunity not only by the toppers of the college. Professors of the law college should encourage these type of the activities and encourage the all the type students. Provide training in the college itself by the Eminent Professors and encourage all the type of the students. In Legal education many new courses evolved like Environmental Law, cyber Law, Space Law, Insolvency and Bankruptcy code etc. After a student completing the school level studies directly, they may join Law college and pursue their studies. Five years integrated studies helps to learn more aspects in law while comparing with three year course. Because, There is a lot of chance to study more aspect in legal field in a practical manner. Students may visit courts, Attend the legal aid camp, Do Internship in National Human rights commission, Law Firms, Public authority etc. Professor N.R Madhava Menon sir also insisted various schemes in this Legal education system. The main issue is that Law students are not publishing the Research Article and they are very lacking in the research part. Law colleges Professor should encourage the students and help to publish more research articles in the reputed journals. There is lot of chance to gain the knowledge while doing the research. Communication skills should be develop during the college days otherwise, it is difficult to handle the case in the court. Legal Aid clinic should be establishment by all the law colleges because the students gain knowledge more knowledge in the practical learning. Bar council rules are also supported this aspect. Supreme court also directed, Bar council of India stating that three members committee formed for the Reforms of the Legal education in Bar council. And, in the syllabus the committee report insisted that introduce the subjects like Information Technology, scientific developments in the Legal system. Rating system and Accreditation method are also introduced in this committee report. Any, loopholes in inspection of the law colleges should be reformed in this committee report. Infrastructure developments in law colleges should be fulfilled accordance to this report.
The main objective of this Legal education committee is that to provide Best education in all Law colleges in India. Better services should provide by the all the law students in the future is a main principle of the Bar council of India. Update of the syllabus by time to time accordance to the expert members should be entertained. In Post graduation studies, Specifically the Syllabus is framed. There are many departments in the Post graduation. For Example: Business Law, Criminal Law, Intellectual Property Law , Environmental Law, Human rights and Duties to Education, International Law, Constitutional Law etc. For each and every department different scope is there in the Legal Industry. In Every Ministry in the Government Specialization of the Lawyers are needed. Also, while writing the Competitive Exams like Tamil Nadu Public service Commission, Union Public Service Commission, National Eligibility Test, Law is the fundamental to all these types of the competitive exams. For Example, Indian Polity subject is the main course in the Competitive exams. During the under graduation itself Law student through in Indian Constitution, Comparative Constitution and Legal History. These are basis principles that civil service aspirants already through in this areas. Also, If a Law student want to become Academician, During the college days itself the institution should train up the students in taking Presentation in the classes. For, that internal mark has been assessed. But, not all the law colleges are conducting the presentation for the students. Seminar should be conduct in all Law colleges in every semester. Now- a- days Honors papers are introduced by the Law colleges. Students may choose any Honors paper as they wish and study for the semester. In some of the Private colleges Fully Flexible credit system had been introduced. Moot court competition and Conferences should be conduct in every semester. Then, only the our Legal Education system will improve and students will get succeed during their life time.
LEGAL EDUCATION RULES 2019:
Recently, Legal education rules 2019 had been implemented. In that rules many changes had been made in the legal education. New laws are emerging due to the globalization and time to time laws are also to be updated. Many Amendments in the Constitution to promote the education in the society .Also, New laws are also enactment by the parliament for the purpose of the education. Legal education rules is a updated version of the Legal Education Rules 2008. Many New law courses are also evolving in our day to day life. For Example, Cyber Law, Artificial Intelligence, Insolvency and Bankruptcy law, Corporate Laws, Immigration laws etc. Alternative Dispute mechanism and speedy justice should given to the importance now-a-days. National laws should be strengthen because it should be tie up with the international perspective. Centre Legal education is an in charge for the regulating the Law colleges of Private institutions, Government Law colleges and National Law Universities. Inspecting of the Universities by this Bar council officials like call for all the records, inspect the libraries, classrooms etc. In case any malpractice happening the Bar council have right to cancel the license of the college. Legal Education committee consisting of the five members , They are Former Supreme court Judge, Chief Justice of the High court, Law Professor, Law Secretary, and University grants commission chairman. These members are appointed accordance to the bar council act. Also, practice of law as prescribes as one who practice before the Courts, Tribunals, International Court of Justice, Giving legal advice to the clients etc. Full time Professors or Guest faculty, are taking classes to the colleges they has to surrender the certificate of practice in the Bar council. Contract faculty is appointed by the selection committee with regards to centre legal education. For specific time period only they can be work as a professors in the law colleges. After the time period got over they has to be do renewal if there is a chance otherwise, they have to leave the college.
POWERS AND FUNCTION OF LEGAL EDUCATION COMMITTEE:
The committee Members has to check whether all the law colleges are following the High Standards. They have to give report to the Bar council of India. These committee members term period is for five years. They has to inspect whether they are following the curriculum development program and Bar council of India has to be insist them. Legal education committee will appoint Academic sub-committee to advice them. Whether all the institutions are following the rules of the bar council and Degree course, Diploma course, Post Graduation are happening properly they have to be inspect. Skill learning process should be conduct by the Bar council of India. If a person studying outside the nation they has to entitled for the Bar entrance examination. Otherwise they are not entitled to be practice. To advice the Bar council of India any changes should be made in the legal education process. Because, law is evolving day to day of our life. Accordance to that update of the process should be done. Eminent persons are only eligible in the Legal Education committee. They have to keep on advise the Bar council of India to change their system and promote the legal education in our India.
RULES TO BE FOLLOW BY LAW COLLEGES:
The Centre for the Legal education is the responsible for affiliate to run the law college in our country. The law colleges either register by the way of trust to run the college. The centre for Legal education is responsible to inspect all the rules that the law college are following. If the law college is running by the way of lease, it should be less than ten years. And, Centre for the legal education is responsible to inspect whether separate hostels, Playrooms etc for the boys and girls. Student population should be fulfill with the Faculty. Core faculty should be there and For, different specialization areas the faculty should be appoint .Proper infrastructure should be maintained by the law colleges. In the library there should be More Journals, Many books of different authors, News papers should be maintained. No objection certificate should be obtained from the state Government for the Affiliation. As specified in the 3rd schedule of the Bar council of India, minimum Endowment fund should be send to Bar council for the purpose of sponsor by Private sectors or other sectors.
DIRECTORATE OF LEGAL EDUCATION:
With the recommendation made by the legal education committee, the Bar council India chairman will appoint the Director of the legal education. The director qualification will be Professor rank and tenure is for the three years. The main aim of the Directorate of the Legal education should promote the legal education, Publish the research articles, Conducting the seminars and workshop. Also, it shall be the duty to administer that Indian students who pursing the legal education in abroad.
CURRICULUM DEVELOPMENT COMMITTEE:
All the colleges should follow this curriculum development committee and they should submit the report the Bar council of India. The Legal Education committee should inspect all the details that they report had been submitted. Also, the report should fulfill the All India council for the technical education and University grants commission. Also, it should fulfill not only law but also for the science, commerce, medicine etc. If any colleges are not following the Curriculum development program the bar council have right to cancel the license of the colleges. But, the Bar council have a responsibility to form the curriculum development committee. It should be follow by the all law colleges. If any law colleges are not following the Bar council rules, Bar council have a right to cancel the license of the law college. The curriculum development committee will change time to time. Only updated version only should follow by the all law colleges. Also, Bar council of India have right to inspect the all the law colleges are following the updated curriculum development.
ISSUES OF LEGAL EDUCATION:
The New Legal education policy had made some of the new changes in the colleges. One year LLM course has been scrapped. During 2013, The Centre for post graduation of Legal studies approved the one year LLM course with 24 credits. But, practically, within one year all the subjects of the course it is difficult to complete fully. So, The Bar council of India Scraped the one year LLM. Also, in some of the colleges are facing the colleges are facing the issue that One year LLM Students are applying the seat for the Philosophy in Doctorate. Some exemption are given by the Bar council of India. My opinion is that studying of the two year LLM course is the best option. Because, the students can study briefly about the subjects and gain the knowledge more in the subject. There will be lot of time to do research for doing the dissertation. For one year LLM studies it is difficult to complete the reputed dissertation. This is a base of doing the Philosophy in doctorate thesis. Studying of the two year LLM course the student will get lot of opportunity to learn the practical aspect of the studies. Clinical study is the important aspect for the students may have a chance to learn more aspect of the study. Excellent decision taken by the Bar council of India to scrap the One year LLM in our country. Accordance to the Rule 6 of the Bar council Rules 2020, one year LLM should be abolished. Post Graduation common entrance test in Law should be conduct by the bar council of India for the admission of the Post graduation in Law.
CONCLUSION:
The Bar council of India is framing the rules accordance to the Globalized education system. Legal education committee plays a important role in our nation. Any changes had been made by the bar council of India, Legal education committee has to give a report to the Bar council. In the Legal education committee, Legal eminent person only will appoint. In their experience our legal education system is well and good. My opinion is that Accreditation process should be seen by the Bar council strictly. The Reputation of the college will depends upon the Accreditation process. Conducting the All India Bar examination is a good initiative taken by the Bar council of India, After the Enrollment process. Advocates Act 1961 also amending so many times with regard to Legal education. Any resolution should happen in the bar council of India, The legal education committee only recommend to the Bar council of India. Also, Legal Education committee should frame the rules accordance to the globalized phenomenon. Recently, Many new law courses are emerging in the Law colleges recommended by the Bar council. For Example, International commercial disputes, Insolvency Bankruptcy code, Cyber Laws, Artificial Intelligence, Immigration Law, Air and Space laws etc. The Law students had lot of chance to learn about the news courses and enter into the different fields and different industry. Academically, Empirical research says Honors course offered by the Bar council is very efficient course because Many new aspect and emerging topics are learnt by the students. My opinion is that Legal education committee is playing a vital role in legal industry. Various implements made by the Bar council has a hygiene system of the Legal industry.
SUGGESTION:
1) The Bar council of India should change the constitution of the Legal education committee. Academicians from the Law colleges should be appoint as a Member.
2) The All India Bar Examination should be conduct in non-open book method. Because, if the exam conduct in tough manner .Only, eminent Advocates only will enter into this society.
Also, All India Bar Exam should conduct in Pre Enrollment stage itself. Due to filter of the Graduates who studied in the malpractice manner.
3)Once in five years all the Practitioners and Academicians should write the Entrance Examination. This system should be implement by the Bar council. Because, Latest Amendments, New Enactments are updated by the Advocates and Academicians.
4)Bar council of India should appoint the student Representation in all the colleges. Because, any issue arisen in the Law colleges. They inform directly to the Bar council of India.
5)During the college days itself, The Bar council take initiative about conducting a coaching classes in the law colleges. So, there is lot of chance the Students will pass in the Competitive Exams like, Judiciary, National Eligibility Test, State Eligibility Test, Union Public Service Commission, Tamil Nadu Public service commission etc.
6)The Legal Education committee should take initiative to conduct the seminars, Workshop, Moot courts for all the type of Law Students.
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