Standing Committee Calls for Legal Education Reforms | 23 Feb 2024

Source: TH

Why in News?

The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice recently submitted a report on legal education in India, proposing significant recommendations.

What are the Major Recommendations of the Committee?

• Restructuring Legal Education Regulation: Proposed the creation of the National Council for Legal Education and Research (NCLER) to oversee non-litigation aspects of legal education, limiting the Bar Council of India's regulatory powers.
• Enhancing Academic Resources: Recruiting top researchers as faculty to bolster research capabilities within law schools.
  • Acknowledging the necessity for increased state funding to support law schools.
• Integration of Global Curriculum: Incorporating global curriculum into Indian law schools to foster international exchange programs for both students and faculty.
  • Exposing students to diverse legal systems for a comprehensive legal education.
• Mandatory Inclusion of Interdisciplinary Subjects: It suggests mandatory inclusion of subjects like Law and Medicine, Sports Law, Energy Law, Tech Law/Cyber Law, Commercial & Investment arbitration, Securities Law, Telecom laws, and banking laws in undergraduate courses.
  • Collaboration between governments, universities, and BCI is essential for comprehensive curriculum development.
• Emphasising Practical Training Programs: Universities should collaborate with BCI to integrate practical training programs like moot court competitions into the curriculum.
  • These programs offer students opportunities to apply legal theory in simulated courtroom settings, enhancing oral advocacy and critical thinking skills.
• Quality Assurance in Legal Education: The Committee stresses the importance of prioritising quality over quantity in the recognition of new law colleges.
  • Urgent measures are needed to curb the proliferation of substandard law colleges in India.

What is the Bar Council of India?

• About: The Bar Council of India is a statutory body created by Parliament under the Advocates Act, 1961 to regulate and represent the Indian bar.
• Regulatory Functions:
  • Prescribing standards of professional conduct and etiquette for advocates.
  • Establishing procedures for disciplinary actions.
  • Setting standards for legal education in India and recognizing qualifying law degrees.
• Other Responsibilities:
  • Protecting the rights, privileges, and interests of advocates.
  • Organising legal aid for the underprivileged.
  • Conducting elections for Bar Council members.
  • To deal with and dispose of any matter which may be referred to it by a State Bar Council.
• Recent Developments:
  • In 2023, BCI allowed foreign lawyers and law firms to practice in India but limited them to non-litigious activities like corporate law and intellectual property matters.
  • They cannot handle property conveyancing or title investigations.
    • Indian lawyers in foreign firms face the same restrictions.

What is the Advocates Act, 1961?

• About: The Advocates Act of 1961 was enacted to revise and unify laws concerning legal practitioners and to establish the Bar Council and an All-India Bar.
  • This legislation replaced most of the provisions of the Legal Practitioners Act of 1879.
• Recent Amendment: The Advocates (Amendment) Act, 2023, modifies the Advocates Act, 1961, by addressing the issue of touting.
  • Touts are individuals who seek payment in exchange for securing legal business for lawyers.
  • According to the amended provisions, High Courts, district judges, session judges, district magistrates, and certain revenue officers are now empowered to compile and publish lists of touts.
    • The Court or judge may exclude from the premises of the Court any person whose name is included in the list of touts.