LEGAL EDUCATION SYSTEM DURING BRITISH AND POST INDEPENDENCE
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Apr 29, 2025
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LEGAL EDUCATION SYSTEM DURING BRITISH AND POST INDEPENDENCE
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Added: Apr 29, 2025
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LEGAL EDUCATION SYSTEM DURING BRITISH AND POST INDEPENDENCE SUBMITTED TO SUBMITTED BY DR. VISHAL GULERIA RATNESH KUMAR MAURYA (ASST. PROFESSOR) LL.M. 1 ST SEMESTER
INTRODUCTION The term Legal Education derived from Latin word “lex” means law and the word ‘ educare’ means “to educate”. legal education refers to systematic training and study of law, legal principle and development of legal system. it encompasses both theoretical understanding and practical application of legal concepts.
Ancient Indian Legal Education ( In Nutshell) Foundation in Dharma: Law was part of moral duties (Dharma) derived from Vedas , Smritis , and customs. Justice System: Kings, advised by councils like Parishads , upheld justice based on Dharma i.e RAJDHARM Legal Practitioners: Early pleaders ( Niyogis , Niyuktas ) represented parties; roles referenced in Manusmriti and Sukraniti . Education: No formal legal training; knowledge passed through self-study or mentorship. Principles: Focus on justice ( NYAYA ), good conduct ( SADACHA) , and adherence to Dharma over secular law.
Legal Education During British Rule Introduction of British Systems: Judicial and legal frameworks introduced in Presidency Towns (Calcutta, Bombay, Madras). Key Milestones: 1855: First law courses in Hindu College (Calcutta), Elphinstone (Bombay), and Madras. 1861: High Courts established in Calcutta, Bombay, and Madras. Legal Practitioners: Indian Vakils and pleaders gained limited recognition; Bar-at-Law (England) was more prestigious. Challenges: Part-time education, limited facilities, and undertrained faculty. Two-year courses lacked depth and practical training. Regulatory Acts: 1773 Regulating Act: Allowed enrollment of advocates. 1879 Legal Practitioners Act: Allow enrollment to only those who had taken LL.B degree from Indian universities.
Early 20th Century Reforms in Legal Education: post independence Challenges: Outdated curriculum, limited practical training, and lack of infrastructure for legal education. Key Committees and Reports: University Education Commission (1948-49): Called for raising academic standards and linking legal education to social and economic needs. Bombay Legal Education Committee (1949): Recommended better infrastructure, faculty training, and funding for law schools. 14th Law Commission Report (1954) , SETALVAD COMMISSION: Comprehensive proposals to modernize legal education, including: Admission should be based on merit Curriculum to include both substantive law and procedural law. Practical methods like moot courts, case studies, and seminars to replace lecture-only formats. Significance: Highlighted the need for professionalization and modernization. Set a foundation for reforms implemented post-independence, though changes were gradual.
continue 1961: Advocates Act Established a standardized framework for legal education and practice. Bar Council of India (BCI) empowered to regulate legal education standards. Three-Year LL.B. Course (Post-1961) Introduced for graduates in any field to become legal professionals. Five-Year Integrated Law Course (1980s-1990s) Combined undergraduate education with law studies, offering a comprehensive legal education from the start.
Emergence of National Law Schools 1988: NLSIU, Bangalore First National Law School in India, setting a new standard for legal education. Establishment of other NLU’S Institutions like NALSAR (Hyderabad, 1998) , NUJS (Kolkata, 1999) , and more followed. Key Features Five-year integrated law programs (Undergraduate + Law studies). Emphasis on quality education , research, and practical skills development.
Conclusion Progress : Improved quality of legal education through reforms and the establishment of National Law Schools. Emphasis on five-year integrated law programs and practical skills development. Challenges Ahead : Address social justice gaps and ensure legal education serves all sections of society. Enhance practical exposure through internships, clinical education, and real-world legal experience. Vision : Bridge the gap between legal education and societal needs, ensuring access, inclusion , and a focus on public service .