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Report No. 184

Standards of Legal Education & Legal Skills:

5.2 In the Bar Council of India rules, Part IV (as amended upto 30.11.1998) dealing with the subject of 'Standards of Legal Education and Recognition of Degrees in Law for admission as advocates', Section A refers to 5-year law course after 10+2 or 11+1, Section B relates to 3-year law course after graduation, and Section C refers to Rules regarding inspection of law colleges by State Bar Councils. Again Schedule 1 contains a list of the Directives issued under Rule 21 in Section A or under Rule 14 in Section B. Sch. II is the questionnaire to be answered by any college which is seeking affiliation.

Schedule III deals with Proforma for Inspection of law colleges and Schedule IV with the Form of Annual Return to be submitted by the law colleges. We also have the Training Rules, 1995 made under section 24(3)(d) of the Advocates Act, 1961 which have been struck down by the Supreme court as being ultra vires of the Act or rather beyond the rule-making power.

5.3 Recently, new proforma formats have been prescribed for application seeking permission to open law colleges and in respect of inspections, compliance, responses in respect to standards of legal education, recognition of degrees etc.

5.4 The Ahmadi Committee Report dealt elaborately with the methods of teaching. It referred to the "case method" introduced by Prof. Langdell 52 of Harvard Universtiy and to the "problem method" pioneered by Prof. Carl Llewellyn and Judge Jerome Frank and the Notre Dame Law School. The Report referred to Rule 21 of the Rules and to Sch. I dealing with the 5-year course which contains the following directive:

"10. Every university shall endeavour to supplement the lecture method with the case method, tutorials and other modern techniques of imparting legal education."

The Report recommended as follows:

"This Rule must be amended in a mandatory form and we should include problem method, moot courts, mock trials and other aspects in this Rule and make them compulsory."

In tune with the above recommendations, we find in the 5-year course syllabus that Rule 2(c) says as follows:

"2(c): That the course of study in law has been by regular attendance for the requisite number of lectures, tutorials, moot courts and practical training given by a college...."

5.5 Rule 3(2) refers to contact and correspondence programme, tutorials, home assignments, library, clinical work etc.- in all 30 hours per week but class room lectures should not be less than 20 hours.

5.6 Rule 9(1) lists 6 subjects for part I (compulsory), Rule 9(2) lists 21 subjects for part II (compulsory), Rule 9(3) lists 15 subjects (optional) out of which three have to be selected. Rule 9(4) refers to 6 months practical training which will include the following compulsory papers:

Paper I: Moot-court, pre-trial preparations and participation in trial proceeding.- 10 marks for each, total 30 marks.

Observance of trial in two cases, one civil and one criminal case (30 marks).

Interviewing techniques and pre-trial preparations (30 marks). Viva-voice (10 marks).

Paper II: Drafting, pleading (15 exercises) and conveyancing (15 exercises). Civil, criminal, writ petition and drafting sale deed, mortgage etc.

Paper III: Professional ethics, accountancy for lawyers and Bar-Bench relation.- 80 marks.

Viva-voice 20 marks.

Paper IV: Deals with public interest lawyers, legal aid and para legal services (100 marks).

5.7 We may, however, proceed to refer to certain skills aspect of standards of Legal Education.

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