Legal education system in india essay

Impact of Globalization on Legal Education in India Essay

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We are living in the “Era of Globalization”. Globalization is not a synonym of Global business, but it is more than that. Globalization poses variety of complex trends in the economic, social and cultural fabrics of all societies. We live in an intensely interdependent world in which all immense differences of culture and historical experience are compressed together in instant communication.

The international transactions in services are defined as the economic output of intangible commodities that may be produced, transferred and consumed at the same time Traditionally services are viewed as domestic activities due to direct contact between producer and consumer and government monopoly in infrastructure sector. The emerging digitization concept has altered this perception.

The ascent of information and communication technology has given rise to e-commerce, e-banking, e-learning, e-medicine and e-governance. So, it is argued that government finds it increasingly difficult to cope up with technology-driven ctivities. Because of that Nowadays Education has turned out to be a commodity of international trade. It is no more a public good on domestic scale, but a private good on global scale. Globalization brings education to the front lines. In the prevailing discourse, education is expected to be the major tool for incorporation into the ‘knowledge society’ and the technological economy. In this paper author is going to see the impact of globalization on legal education in India. As we all know that ‘Law is the cement of society and an essential medium of change. Globalization and Legal Education in India

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We broadly understand globalization as an ongoing process which entails the free movement of capital, labour, goods and services across national borders. However, these parameters of economic globalization cannot be viewed in isolation from other aspects such as the free exchange of ideas and practices. From this perspective, the legal systems in various countries have a lot to learn from each other – both in terms of institutional design and the evolution of substantive lawswith increasing trade and investment across borders, there is an imperative need for all of us to understand the functioning of international institutions. At the same time, our national legal system must offer a balanced response to the rapidly changing socio-economic realities. We must also bear in mind that in this age of the internet and frequent international travel, judges, lawyers, academicians and even law students from different countries have a lot of opportunities to interact, collaborate and learn from each other’s experiences. Access to foreign legal materials has become much easier on account of the development of information and communication technology.

A few years ago, subscriptions to foreign law reports and law reviews were quite expensive and hence beyond the reach of most judges, practitioners and educational institutions. However, the growth of the internet and globalization has radically changed the picture. The decisions of most Constitutional Courts are uploaded on freely accessible websites Furthermore; electronic databases operated by prominent publishing houses have ensured that judges, practitioners and law students all over the world an readily browse through materials from several jurisdictions. Such easy access to international and comparative materials has also been the key factor behind the emergence of internationally competitive commercial law firms and Legal Process Outsourcing (LPO) operations in India. The present law has to deal with problems of diverse magnitudes and a student of law and an Advocate has to be trained in Professional skills to meet the challenges of globalization and universalisation of law.

Legal education should also prepare lawyers to meet the new challenges of working in a globalized knowledge economy in which the nature and organization of law and legal practice are undergoing a paradigm shift. The Law Commission of India defines legal education as a science which imparts to students knowledge of certain principles and provisions of law to enable them to enter the legal profession. Legal Education is the process which equips the future lawyer, judge, administrator, counselor and legal scientists to know how legislative, executive, judicial organs of the government, are designed and how they operates.

Legal Education is a technique, arena and platform for rational, orderly and non-violent settlement of disputes and handling of conflicts. Constitutional recognition to legal education and its progress in India 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 List III, giving concurrent legislative powers to the Union and the States. Legal profession along with the medical and other professions also falls under List III (Entry 26).

However, the Union is empowered to co-ordinate and determines standards in institutions for higher education or research and scientific and technical institutions besides having exclusive power, inter alia, pertaining to educational institutions of national importance, professional, vocational or technical training and promotion of special studies or research empowered by the Constitution to legislate in respect of legal profession, Parliament enacted the Advocates Act, 1961, which brought uniformity in the system of legal practitioners in the form of Advocates and provided for setting up of he Bar Council of India and State Bar Councils in the States. Changed Scenario of Legal Education due to globalization About fifty years ago the concept was that the law schools are meant to produce graduates who would mostly come to the bar, while a few may go into law teaching. But during this period 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. New subjects with international dimensions have come into legal education.

In the changed scenario, the additional roles envisaged are that of policy planner, business advisor, negotiator among interest groups, expert in articulation and communication of ideas, mediator, lobbyist, law reformer, etc. These roles demand specialized knowledge and skills not ordinarily available in the existing legal education. The National Knowledge Commission (NKC) was, however, established by the Prime Minister of India in 2005 to recommend and undertake reforms in order to make India knowledge based economy and society.

The National Knowledge Commission, while deliberating on issues related to knowledge concepts recognizes legal education as an important constituent of professional education. The working Group on legal education, inter alias, identified the problems and challenges relating to curriculum and recommended changes and reforms relating to curriculum . The report recommends the development of contemporary curriculum, which is integrated with other disciplines and also ensures regular feedback from stakeholders . The curricula and syllabi must be based in a multi-disciplinary body of social science and scientific knowledge .

Curriculum development should include expanding the domain of optional courses, providing deeper understanding of professional ethics, modernizing clinic courses, mainstreaming legal aid programs and developing innovative pedagogic methods . With the advent of globalization, it has become increasingly important to include international and comparative law perspectives. According to C. Rajkumar, in the era of globalization, we should pay attention in four important factors to improve the standard of legal education. These are: Global curriculum, Global faculty, Global degrees and Global interactions.

We have to think globally but act locally. Law is one of the most dynamic subjects of the world. Dynamism is the life blood of law . A law which is static cannot survive for long and will be rejected by people for whom the law will be implemented. So, to keep pace with the changing situation of the world we have also to change, by addition, subtraction, or cancellation, of the existing curriculum of the legal education in India. Otherwise, in future, it will lose its importance and will turn into a relic of the past.

Indian Legal System: Problems and Challenges – Essay

The Judiciary interprets laws enacted by the legislature and dispenses justice according to those laws. The judiciary must act independently without fear or favor. The judges must be honest and men of courage and integrity. However, it must be remembered that the Indian legal system is a legacy of our colonial rulers and with the passing of time many evils have crept into it and it fails to satisfy the aspiration of the people. Hence there is urgent need of a complete overhaul of judicial machinery.

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Honesty and integrity of the Judges must be given too priority. The judges should not merely be honest but also seem to be so. Beside being honest, fearless and independent, they must also be learned and wise. They must have sound legal knowledge, and must also know how to apply that legal knowledge to the cases before them. They must be able to separate the grain of truth from the chaff of falsehood. They must be firm and above suspicion so that they may decide a case fearlessly and give their judgment without fear or favor. They must have a conscience so that they may tell themselves at the end of each day that have done their best according to the light that is within them.

There is something in the very nature of the office of a judge and the function he performs that demands that he should be a person of high integrity, whatever may be the moral norms prevailing in other walks of life. The judiciary has neither the power of the purse not that of the sword. Its most valuable asset in the confidence it inspires and the respect it evokes for this capacity to redress the wrongs of those knocking at the door of the Courts and to keep the scales even in any dispute between the rich and the poor, the mighty and the weak, the State and the Citizens, without fear or favor. This can only be ensured if the judiciary is manned by persons who cannot be lured by pecuniary or other temptations or by rewards or undue power and authority. Once the image of the judiciary is tarnished because of the doing of some of its members and its credibility goes down, the loss is not merely that of the judiciary, the nation itself is deprived of the most stabilizing element in the even flow of its life.

Once an impression prevails that justice is a purchasable commodity and those who administer it can be tempted, the common man would be left with no forum to look for redress of the grievances. There is nothing which rankles in the human so such as a brooding sense of injustice. We must remember that in the final analysis the people are the judges and that every trail is a trail of our judiciary system also. Its strength and weakness, its success and failure, its utility and credibility, the respect would depend ultimately upon the way it satisfies the hopes and aspirations of the people in quest of justice.

The problem of delay and the accumulation of huge arrears of cases both in the lower-courts, the High Courts, and the Supreme Court have assumed serious dimensions and invited a lot of criticism of the entire legal system. The causes of this delay are many. There are lacunas within the law itself of which clever lawyers take undue advantage and seek adjournments on personal grounds, for the benefit of their clients. Justice delayed is justice denied. The flaws in the legal system give rise to unlimited frivolous suits, the purpose being not to seek redress but to cause harassment to the opponent. This is one of the most important causes of the accumulation of arrears.

Lok Adalats are being held constantly in some one chosen centre or the other, but they touch merely the tip of the iceberg. The expansion of judiciary has not kept pace in the lower courts, the Judges fail to assert themselves either out of lethargy or fear of tussle with the lawyers leading to strikes etc. The problem of delay must be faced boldly and quickly both by reforming the legal system and by eliminating extraneous factors responsible for such delay. This existing system must be improved to meet modern requirements.

The Constitution of India provides for a very delicate process of consultation between the executive and the judiciary in the matter of appointment of judges through Supreme Court and the High Courts. A qualitative improvement in judicial appointments can only be achieved of all the constitutional functionaries involved in the consultative process strive to attract and find the best talent of character and dedication. Extraneous consideration such as caste, community, religion, and politics must not prejudice the selection of judges.

But we must remember that the judicial system and legal machinery do not work in isolation from society. They are integral parts of the entire social and political system. Their working depends on the co-operation of other elements. We must have a non-political, efficient, dedicated honest and upright judiciary which must have a non-political, efficient, dedicated, honest and upright judiciary which must be aware of its responsibilities and remain fearless. Only such persons should be appointed as Judges, who enjoy the confidence and trust of the nation. They must be allowed to function is such a manner that the country is assured of fair and equal justice along with the achievement of political, social and economic justice.

If judges with special acquaintance or competence or those who have specialized in certain branches of law are allotted cases under that particular branch of law, the time taken by judges who are not familiar with the branch, specially of it is a specialized branch. Benches formed of competent judges should be allowed to function for a reasonable length of time and the judges constituting the Bench should know well in advance when the Bench is to break, so that there may be no part-heard cases left by the Bench after is it dismantled. This however requires discipline on the part of judges themselves. They must sit in time. They must not absent themselves from the Court simply because there are certain rights to have some leave of absence. This a matter on which the internal discipline of judges is very essential. They must realize that they hold a high and dignified position in society.

The business of the courts should be so arranged as to avoid the situation of old cases getting older and of new cases receiving priority. Lack of proper listing listing and proper notice of new cases and the given priority to old cases is a factor which contributes to the accumulation of arrears and to mal-administration of justices. Matters involving common questions of law must be grouped and posted together for hearing before the same Bench not only to save the precious time of court but to avoid conflicting decisions and ensure a uniformity in approach leading to certainly and continuity in the progressive development of law.

The management of the court system should be modernized by taking advantage of new technology. While computers have invaded all fields of activity in the country and modern technological advances have radically altered the working in offices, the judiciary has remained outside the mainstream of this technological advancement. It is, therefore, necessary that every High Court must have a computerized system for keeping a catalogue of pending cases, a computerized library index of its decisions to avoid conflicting decisions, and adequate number of word processors, photo-copying machines and electronic typewriters, a computerized micro-filming centre for maintenance of record and a telex system connecting the Supreme Court with other Courts. This is essential for inter-communication and interaction among different courts. Judges can help by strictly adhering to the hours of work, by exercising the caution and restraint in allowing adjournments which are the bane of our present-day court proceedings, and restricting oral arguments to the minimum by writing clear an concise judgments and delivering them promptly within a short periods after the conclusion of the hearing.

Members of the legal professions can and should also help. They must discipline themselves in order to be effective ministers of justice. The arguments should be prudent preparation before presentation in the court either in pleadings or the advocacy. There is a tendency in our country to rust to the court at the slightest provocation. If lawyers could adopt a positive approach and strive to arrive at reasonable out of court settlements, the time and expense of the litigants would be saved to a great extent and the inflow of cases into courts would be reduced, thereby facilitating expeditious disposal of pending cases.

To-day a large number of litigation in superior courts is concerned with interim relief’s and interim orders. If we go by the number of interim orders subsisting for years together without the matter coming up for final hearing due to dilatory tactics, one gets the impression that the majority in the profession have come to regard interim relief as final reliefs. The number of frivolous and vexatious petitions being filed is increasing by leaps and bounds. An overwhelming majority of special leave petition filed in the Supreme Court are dismissed and yet there are no sign of decrease in filing such petitions. Frequently adjournments are sough upsetting the schedule of work. The responsibility to comply with the instructions of delays. Lawyers frequently indulge in lengthy arguments before the court. There is need to reduce the quantum of oral arguments prepared with great caution and precision. Judicial time can be saved to a great extent and the settlement of cases expedited.

Short Essay on Legal Education in India

In the present age Legal Education in India is not satisfactory. It requires medical changes. The law in an instrument of change. It plays a very important role in the reconstruction of the society; our Constitution has given guarantee to its citizen’s social, economic and political justice.

The Directive Principles of State Policy as enshrined in the Constitution of India, attempt to transform society, social economic and political aspirations of the people have changed.

We are governed by Law; therefore, a change in the system of legal education has become inevitable. We in India still cherish and nourish that very education system which was established by Britons in India.

Judges, Lawyers and Law teachers could not change basic postulates of common law. They do not play any role in the formulation of policies, law colleges and universities perennially followed traditional path.

We want Jurists of eminence and judges of repute. Since law is one of the social sciences, therefore, the study of history politics, economics and sociology should be liked with the study of law.

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It shall be having new vision to lawyers and Jurists; Language is the life of Law. The scientific knowledge of language is essential for every student of Law. Unfortunately our students know very little about the languages.

It is desirable that basic knowledge of the language should be imported to law students. The study of law along with social sciences and language shall improve legal education.

The examination system of our universities is defective. It is illusion. It is out dated and obsolete. It is hardly test or examination. Legal Education requires special attention in the present context. Law classes are overcrowded.

There is birth of law teachers, the Bar council of India could not properly regulates legal education. The resolution passed by bar council of India is not implemented. Law classes in our country have become index of unemployment.

Lectures delivered by teachers should be supported by important cases. The basic concept of law should be thought. Moot courts are very important for legal education. Standard and cheap books should be published by the proper authorities.

For the restriction on guess paper, immediate law is desirable. Admission in law classes should be according to standard of the student’s group discussion, seminars and tutorials are also useful for the proper understanding of law proper arrangements for the courts visits and practical training to the law student will be very helpful to the prospective lawyers.

A minimum court attendance should also be fixed along with their subjects of law students. A minimum financial assistance should also be provided by Bar Council of India to the poor as well as to the intelligent law students.