Introduction –
In a field of law is most in demand in India such as tech., IP, corporate, litigation in demand due to economic growth, legal complexities. There is a lot of ignorance in India in terms of legal awareness, it is expected of ordinary citizens to never fall in the courts in life. According to the information of 2018, there is a lawyer for every 1800 citizens in India, in a developed country like America, this evidence is one lawyer per 200 citizens. From this we can get an idea of ​​how much we have to develop in the legal system.
In India, this evidence is very less to solve our problems through the courts, there are many reasons for this, in which the delay in justice and corruption is our biggest problem. Ordinary citizens are afraid to go to court with their problems or they do not trust the court to get justice. Many times the Supreme Court is yet to appoint many employees in the judicial system, but the government is not filling this space, due to which the legal process gets delayed.
That’s why it is very important in a democracy to have information about the law and order, in which what is your right? And how the government system works and what are their duties? This information is not possible without the knowledge of the law. Therefore, we will try to know from critical analysis how is the system of legal education in India and to what extent it has been successful.
What is legal education system? –
We get to see the system of legal education like University Grant Commission (UGC), Bar Council of India and Universities. In which 22 legal universities all over India give admission through the CLAT exam in all over India. The same legal colleges are run by many private institutions, they give admission in different states through different entrance exams. We get to see lawyers through these undergraduate courses and post-graduate courses.
The Bar Council of every state maintains its own registered ones who practice their law in that state, if we want to practice all over India, then we have to take the Bar Council of India examination which is held twice in a year. What should be the curriculum of legal education, it has to be done by all the universities under the guidance of the Bar Council of India, in which changes are made from time to time.
Supreme Court This is the most important part of the legal system, which controls all the law and order in the whole of India, under which the High Courts of all the states come. The District Court and the courts under it, such a complete law and order system is run by the Bar Council of India and the Bar Council of the States in this way. After 1990, efforts are being made to reduce the work-load of law and order in India through tribunals. In which many legal disputes are settled through the Tribunal, in which the role of lawyers is important.
History of Legal Education in India –
Our today’s legal system has been made under the influence of British India, in which there are many laws like Indian Penal Code to Evidence Act, which have been made in British India which are still working today. Supreme Court, High Court and District Court This system has been established in British India. Before the British came to India, this system was run on the basis of Manusmriti in the Mughal period, there was a separate legal system for Muslims.
During the time of Emperor Ashoka, a very developed law system was seen, whose evidences are still visible to us today, which was considered to be the most developed law system in the world. After the end of the Maurya dynasty, the law system based on Manusmriti started running, today’s law system is based on different logic from religion and on facts, in which evidence is of great importance.
Before 1855, there were a lot of conflicts in British India in civil and criminal matters, so the British introduced criminal law in India for the first time, which was based on the British legal system by separating it from religion. It has been the main objective of this law system to run the British system by establishing law and order, so most of the elite class of India went to Britain and started practicing in India after taking their law degree.
The Bar Council of India was established in independent India and the modern legal education system was created which we see today.
Career in Legal Field –
- Criminal Lawyer
- Corporate Lawyer
- Insolvency Professional Lawyer / Insolvency Professional
- Government Judicial Service
- Legal Journalism
- Civil Lawyer
- Legal Advisor
- Legal Analyst
- Legal Professor
- Legal Researcher
- Cyberlaw Lawyer
- Forensic Science
Importance of Legal Education –
The importance of legal education is very high in democracy, fundamental rights and legal duties are an important part of democracy. The elected representatives of the people run the state for the people, in a monarchy, whatever the king says, the same law was there, but in a democracy these laws have to be made in the interest of the people. Therefore, in a democracy, legal education should be primarily for all the people, it is necessary. If we talk about the profession, then many more types are seen in the legal field than the rest of the field, where good money and prestige can be obtained by passing the exam.
Our ignorance of the law encourages the system to be misused, so we see that even though the constitution of England is not written, that law system is better than that of India. The Constitution of India is the largest constitution in the world and an ideal constitution, but what is its implementation in full? This is the most important question? Because of which the ruler is successful in misusing his rule because the people are not awake. Lawyers have played an important role in India’s politics and freedom movement, so the importance of this profession is very high in politics and social policy.
In India, laws like European and America are not used by the people, people like to keep themselves away from the police and court and they are afraid of it. Law and order is for the safety of the people, but there is a fear of it in India, so the importance of legal education needs to be spread a lot in India. Crimes happen, but people shy away from registering cases, so crime is less visible in India, but in reality there is no such situation. Like America, in India, the level of legal education will have to be increased further to produce this proof that one lawyer per 200 people.
Legal Education & Technology –
The use of technology is seen at the highest level in the medical field and in the engineering field, but the legal sector has not remained untouched by it. Algorithm This technique has started being used in the developed countries in the legal field, this technique can be used very accurately in the investigation. Corruption of law and order and politics is the biggest obstacle to use it in the legal field.
A huge amount of money is required in the medical and engineering field, no matter how expert you are in this profession, but this situation is not yet visible in the legal field. Keeping the influence of certain people in the legal field with technology is a very difficult task, so technology is not being used in such a large amount in the legal field, especially in India. As much as medical science is a part of the investigation, a large amount of technology is used.
Technology is not used much in India in Courts and Tribunals. In the investigation, many cases are closed without solving, which can be solved accurately by using technology. The Technology is yet to be used effectively in India’s legal practice. In developed countries, technology is beginning to be used in the curriculum, those who have expertise in technology and have a legal degree can be a very important asset to the system.
Object of Legal Education –
- The most important objective of legal education is “social engineering”, in which leadership is formed from legal education which is important for giving new direction to the society.
- To establish equality in the country, which is considered to be the most important objective of our constitution, it is necessary to have a legal education to establish it.
- Corruption and misuse of power are done by this ruler, due to which the people choose the wrong representative, for which it is necessary to have legal education, so that the right representative reaches the parliament and assembly.
- Awakened people keep the ruler under their control, if he is awake, but if the public is not awakened, he remains in constant possession of power and exploits the people.
- To get their rights and rights in any democratic state, it is very important to have an education, otherwise they become a victim of the system.
- England does not have a written constitution, but we get to see the world’s best law system in England, most laws are made in India, but still people find some way to break this law. This is considered to be the biggest symptom of the public not being awakened.
- Former Chief Justice Ranjan Gogoi says that in America there is a 1 lawyer for every 200 citizens, while in India this proof is one lawyer for 1800 people, it has to be reduced.
- With legal education, people’s faith in the law system of India will be able to create awareness about the law, so legal education should get importance like the rest of the education system.
Bar Council of India –
The Bar Council of India has been established in accordance with Section 4 of the Advocates Act, 1961, whose main objective is to regulate the law, education system and legal practice of the country. The representatives of the Bar Council of India are selected through a process from amongst practicing lawyers from across the country. What should be the level of legal education in India is determined by the Bar Council of India.
After passing the examination of Bar Council of India for the students who have obtained degrees by the legal education institution, there is a consent to practice legal all over India. The Bar Councils of all the states of the country are regulated under the Bar Council of India. The legal system of the Bar Council of India and the Supreme Court works in parallel with each other. In 1953, the All India Bar Council Committee was formed under the leadership of SR Das, through which bar councils were established in every state, which would cooperate with the Bar Council of India.
The Bar Council of India plays a very important role in establishing equality and the judicial system in India through the Law Commission, which determines the status of the lawyers running the judicial system. The work of regulating the behavior of lawyers towards the court and the client is carried out through the Bar Council of India. The legal audit of all private and government legal education institutions in India is made by the Bar Council of India, so it is an important part of legal education in India.
Development of Legal Education in India –
India has seen privatization in all sectors after 1990 through open economy, its result in our legal system. The legal system was linked to the whole world through international law through the World Trade Organization (GATT) agreement. The use of technology in the legal process of forensic science and investigation is seen on a large scale today.
Therefore, today’s technology is seen changing in a big way every five years, due to which it has become necessary to make this change in the legal education system. Many changes are seen in the Evidence Act, due to which the interpretation of the evidence has completely changed in today’s era. If we look at the legal education system in the last 20 years, then we have to make a lot of changes in legal education in technology and time.
Our law system and judicial system have seen many changes in it since last forty years. Most of the students who came out of government legal education institutions are more interested in the corporate sector than doing legal practice by joining the traditional bar council. Traditional legal practice in the corporate sector makes a lot of money, so in the early career, many students use the legal skills keeping the corporate sector in front.
Impact of Covid-19 on Legal Education in India –
As we all know that we have to see the result of Covid all over the world due to which schools and colleges have been completely closed for the last two years. The result of which we have also got to see on legal education. In legal education, there are many practical activities like moot courts, debates, which have been badly affected by the lock down. In this also, it has had a very bad effect on the students who were studying in the last two years, because most of the practical activities are seen in the last two years in legal education.
Legal education is being run through online mode for the last two years, but the effect of the actual education system on the progress of the students does not remain in online education. The impact of online education has been seen on the entire education system of the world, but still we have to look at this situation from the point of view of technology. In the situation of Covid, it has taught us that we need to make many changes in legal education.
Features of Legal Education in India –
- For example, in engineering and medical education, students have to take exams both at the time of entry and exit.
- To get admission in 70 colleges in 21 legal government universities in India, CLAT has to be given in this exam, in which passing is only 3-5 percent.
- Thousands of students become lawyers every year from private legal education institutions, who get a lot of opportunities for legal practice and work in the corporate sector.
- Legal education is regulated through UGC and Bar Council of India, which includes government and private legal schools.
- Apart from government legal schools, in other private and other legal education institutions, entry exams are conducted through the CET exam.
- Through CLAT, 2400 seats are filled in government schools across India, whose percentage of getting a job in the corporate sector after completing the degree is 150 percent.
- After obtaining a legal degree in every state, the State Bar Council has to be registered if the legal practice is to be made in any court of the state.
- After giving the examination of Bar Council of India, any lawyer gets the right to practice legal all over India.
- In India one lawyer is available for every 1800 citizens, the same proof in America is one lawyer for 200 citizens.
- After 1990, 80 percent of the work of the judicial system is carried out through tribunals, for which the Bar Council does not have to register.
- In the legal profession, the number of lawyers earning money in metro cities is the highest, while this evidence is very less in the secondary cities.
Critical Analysis of Legal Education –
- There is a significant difference between a legal education curriculum and actual legal practice, so as with most other education professions, it takes a lot of training for most legal degree holders to become proficient.
- The legal education system has failed till date to gain the confidence of the common people in the legal profession because it is very costly for the common people to get the legal service.
- Corruption is the basic problem in the judicial system, in which the lack of moral education is not seen in the newly prepared lawyers.
- The Law Commission had suggested that only if permanent professors are appointed in legal colleges, the standard of legal education can be better, but today we see that temporary professors are appointed on a large scale.
- Students pursuing a degree in a government school, mostly prefer a job in the corporate sector where there is a lot of money, leaving behind the objective of social responsibility.
- The provision of legal aid is there in the judicial process, but we have failed to use it effectively.
- We have not yet succeeded in establishing a logical and fact-based education system in legal education like Europe and America.
- In matters of amendment, we are completely dependent on the western amendment in the legal education system.
- Legal education can be achieved only in English and all the material of the judicial system is available in English so that many smart students who are raw in English are not able to succeed in legal education.
Conclusion –
The Legal education system is important for establishing equality and judicial process in this democratic country, in which everyone from judges to lawyers is a part of it. The responsibility of improving legal education lies through the Bar Council of India. The legal education curriculum in India is taught only in English, which is basically modeled on the Western judicial base, with reference to international case law even today.
Generally, those people who want to get education mostly in judicial education, whose mother or father is already in this field, other students who come in this field, they have to work hard to establish themselves. There are many areas in legal education in which a good career can be made, but due to less information, this field has been largely ignored. From politics to corporate companies, there is a demand for legal officers, but most of the students are attracted towards other fields.
Ajeka the corporate sector is so big that India is going to have a lot of legal force in the next few years, most of the common people have a perception that legal education means doing legal practice in court. But the legal field is much bigger than this. Through this article, we have tried to study a lot of information about legal education. In which we have tried to see through this article how to get a degree in the legal field, and how to make a legal career successful.