LEGAL EDUCATION IN INDIA –
CHALLENGES OF GLOBALIZATION
Law Firm’s View
Introduction:
• 1958 - 43 Law Institutions - 20,000 law graduates every year
• After enactment of Advocate Act 1961 - Law colleges mushroomed
• However, there were no control over the law courses and also admission
process/criteria in the Law Colleges
• 1970s saw in totality – poor standard in legal education
• Presently - 500 Law Colleges – 2 Lakhs law graduates in a year.
• 1988 - establishment of National Law College of Indian University in
Bangalore – commencement of new era in legal education. Today there
are several law colleges having excellent standard in education - churning
out really good quality of Law Graduates
Why are we discussing:
• Up until 1991 Indian economy was closed
• Then came WTO signing and thereafter GATS
• Circumstances - created – forced to accept that India need be part of the
world and cannot live in isolation
• Globalization is for mutual benefit
• Though no absolute commitment under GATS given by India to open legal
services. But today or tomorrow we have to or the entire process of India’s
participation in globalization will be hindered
• To compete we need to be competitive. To be competitive we need to
change our self and meet with the challenges. Others have gone through
same cycle way back e.g. UK, Europe and now we have to
• Demand is to meet the challenges and deliver legal services of
international standard. Hence Legal Education in sequence face the same.
If we do not change the supply, then the demand will flow somewhere
else
How others are doing:
Law colleges in UK:
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3 years’ undergraduate qualification
Generally, choose in total 4 optional subjects in three years from a pool of 215
subjects
If an optional subject is available in another law college, student can go and
take that subject. Such understanding and cooperation are there within
colleges
Classes are held through seminars comprising of 15 – 20 students
Subjects are taught through case laws and not textbooks
Seminars are discussion amongst students under guidance of professor
Entire process - emphasis - on fact analysis contained in reported judgments
and interpretation of law thereto
Entire process – backbone – clinical fact analysis which bridges the gap
between practical and theoretical law
Practical cooperation between Law Colleges and Law Firms:
• Mutual understanding - law firms not solely guided by the object of
marketing/recruitment
• Regular meetings – Law Firm representative (partners, seniors or joiners)
with students
• Regular lectures held by Law Firm – not academic – but on practical issue
of real legal world. Entire year’s program of lectures is pre-organized so
that the gap between theory and practical law is bridged
• Internship program is pre-arranged e.g. what areas of law students will be
introduced, stipend, reviews etc.
• Involvement of Law Firms – bona fide pro bono basis. No doubt at the end
of the day - mutual benefit. Such benefits are not there in India. Indian
Law firms still lack such vision and so does the law colleges
U.K. – Professional qualifications:
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3 years’ undergraduate law degree – no license to practice
Law graduate must choose a professional qualification - Solicitor/Barrister
Barrister has full right of advocacy - no client relationship
Solicitor has limited right of advocacy - client relationship
Justifiable logic - bifurcation - professional qualification. Humanly - not
possible for a person to be in Court from 9 am to 4 pm and then run a law
firm
What we need to do:
Need of the hour - Legal Education:
• Emphasis on problem solving
• Emphasis on negotiations
• Emphasis on transnational practice
• Introduce case and material – based legal education
• Clinical education - students to learn not only professional skills but
acquire understanding and knowledge of law and the role of legal
profession in the society
• Emphasis on new technology
• Emphasis on clinical legal education
• Reducing the gap between theory and practice of law
• To have more and practical cooperation and understanding with
international legal institutions
• To have practical cooperation and understanding with law firms in India
Research:
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Needs to be more than just academic
This can be done when law firms and law colleges work together
Data is everything and data can only be made with research
Law firms have a habit of not investing in research and very few have a
dedicated research department
Need to be updated of legal developments - judgments of UK, Australia
etc. should be made part of the legal curriculum
Sufficient time for research
Sabbatical leaves to be granted for research
Incentive for research
What globalization requires us to do?
• Modern legal thought e.g. treaties
• Concepts of legal modernity
• Diversity of legal orders or interpretations
Interdependence between nationalities– we require:
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Restructure and reorient Legal Education
Restructure and reorient Legal Profession
Give importance to Information Technology
Give importance to Legal Practical Research
Analytical writing skills to be introduced – drafting
To change the mindset that legal education object is to have lawyers for
Court only
• To recognize - lawyers required - for Trade, Commerce and Industry.
Hence Indian Legal Education should explore introduction – professional
qualification - quality of service will increase
What happens if we do not change?
• We surely - loose the chance to grow our legal fraternity
• E.g. arbitration – exit clauses are choosing institutional arbitration –
London, Paris, Singapore etc. and not in India though one party is India or
many a times both parties are Indian
• Because of restrictions we have, opting out
• 2015 - SICA adjudicated the maximum disputes arising out of India. India
has become the biggest customer of SICA
• Tragedy for legal fraternity until and unless we accept the global
challenges - India cannot grow as an International Arbitration hub
Thank You…