Legal Education Reforms

 

 

By Adv. R. S. Agrawal 

 

 

ON THE subject of comprehensive implementation of Legal Education Reforms, mandatory guidelines, Norms and Rules of Legal Education, the Bar Council of India has circulated a detailed Note, bearing date May 20, 2024, to the Vice Chancellors and Registrars of all the Universities, Principals/ Deans /Directors at all the Centers of Legal Education, conveying to them a transformative vision by the Prime Minister of India during his address on April 30, 2022 at the Joint Conference of State Chief Ministers and High Court Chief Justices, advocating for the integration of new subjects in Legal Education, and recognising the emphasis placed by the Parliamentary Standing Committee on incorporating computer education within the ambit of Legal Education, alongside acknowledging the collective keenness of the judiciary and Government towards the inclusion of Mediation as a Compulsory subject in Legal Education and considering dynamic landscape of Legal Education. Furthermore, during inauguration of the Commonwealth Legal Education Association (CLEA), attorneys and Solicitor Generals’ Conference, 2024 an Vigyan Bhavan in New Delhi, the Prime Minister emphasised that the Legal Education is a key instrument in boosting justice delivery, noting that both passion and professional competence are introduced to young minds through education.

 

Giving insights into realizing the potential of women in every domain, the Prime Minister has suggested making each domain inclusive at the educational level. He has said that an increase in the number of women in law schools will lead to an increase in the number of women in the legal profession. Thus, this principle must be kept in mind, and law schools must encourage admission of female students by offering them incentives. The Prime Minister Narendra Modi also stated that Legal Education needs to adapt to changing times and technologies, focusing on understanding the latest trends in crimes, investigation, and evidence. He was also of the view that there is a call for strengthening exchange programmes between law universities from different countries to provide young legal professionals with greater international exposure. In the light of these considerations, the Bar Council of India has issued this Circular to all Centers of Legal Education for immediate implementation. The National Education Policy (NEP) 2020 indeed marks a significant overhaul in India’s education system, aiming to provide a more holistic and flexible approach to learning.

 

One of its key features is the establishment of a regulatory body, the Higher Education Commission of India (HECI) which will oversee all forms of higher education except for medical and legal education. While the NEP 2020 primarily focuses on higher education and proposes the HECI for its regulation, it does touch up certain guidelines for enhancing the quality and accessibility of legal education. Legal Education in India is governed by the Bar Council of India (BCI), which regulates the legal profession and legal education. The BCI is working toward implementing the relevant and applicable guidelines within the framework of legal education to enhance the quality effectiveness of legal education in the country. 1. The Bar Council of India (BCI) has directed the all centers of Legal Education have been directed to incorporate subjects such as Blockchains, Electronic-Discovery, Cyber-Security, Robotics, Artificial Intelligence, Bio-Ethics etc. into their Legal Education Curricula as per the vision of the Prime Minister. This is to ensure that graduates are well –equipped to handle contemporary legal challenges. 2. Legal Education programs should ensure to impart a profound understanding of constitutional values including justice –Social, Economic and Political. Emphasis should be placed on practical applications of these values in legal practice in consonance with NEP. 3.

 

All Centers of Legal Educations have been instructed to integrate socio-economic and cultural contexts into their syllabi, for a nuanced understanding of the law among students to align with NEP. 4. To enhance access to justice and minimise delays, institutions offering law education must endeavour to provide bilingual education, using both English and the regional/Bilingual language as per NEP. 5. All centers of Legal Education are encouraged to actively involve students in critical and interdisciplinary thinking. Research and collaboration across disciplines to develop a comprehensive approach to address legal challenges in accordance with NEP. Integrated 5 Year LL.B. Degree course/s have already acknowledged and promoted this aspect since the introduction of the said course with effect from the year 1986 at NLSIU, Bangaluru, which was followed by maximum Law schools in India over a period of time. 6. Keenness has been expressed by both the Government and the Judiciary for the introduction of Mediation as a compulsory specific subject, with a particular emphasis on its integration into Legal Education/Law degree courses. This directive for introduction of Mediation as a compulsory specific subject, was communicated by the Bar Council of India through a circular dispatched earlier on August 13, 2020. 7. Similarly, the BCI has drawn attention of all concerned to the Circular of January 25, 2024 highlighting the necessity of implementing computer education in Legal Education, which is already part of Rules of Legal Education, 2008. 8. In line with the evolving landscape of the nation, it has been decided to incorporate 3 new enactments –Bhartiya Nyaya Sanhita, 2023, Bhartiya Nagarik Suraksha Sanhita, 2023 and the Bhartiya Sakshya Adhinyam, 2023 into the curriculum of universities and Centers of Legal Education starting from the academic year 2024-2025.

 

These enactments include the B.N.S.,2023, aimed at ensuring justice and equity within the legal framework, the B.N.S.S., 2023 is focused on safeguarding the rights and security of citizens; and the B.S.A., 2023 aimed at streamlining the processes related to gathering and presenting evidence in legal proceedings, thereby ensuring fair and efficient administration of justice. With these enactments coming into force from July 1, 2024,it is imperative for legal education institutions to integrate them into their curricula to equip future legal professionals with a comprehensive understanding of the legal landscape and to ensure their readiness to navigate and contribute effectively to the evolving legal system. Ensuring compliance with the same is crucial for ensuring preparedness for the upcoming 2o24-2025 academic session. The BCI has made it clear that it and its Education Committee do not approve of OnLine Legal Education and shall not hesitate in taking stringent action against such courses/Institutions. There is no concept of Evening Classes for Law courses. There should be classes for teaching law five hours a day or 30 hour- schedule spread over a week, between 8 am to 7 pm and Library may remain open till 10 pm. This Circular is effective immediately with a warning of necessary action in the event of non-compliance.