Report No. 184
Summary of Recommendations
This summary of recommendation is gathered from the various Chapters I to XIII and arranged subject-wise for the purpose of convenience.
(1) In as much as the Bar Council of India cannot be required to consult all Universities, as now stated in section 7 (1) (h), the provisions of section 7.1)(h) have to be amended by prescribing that the Bar Council of India must consult a body which effectively represents all the Universities and that such a body should be constituted by the University Grants Commission. This requires amendment of the Advocates Act, 1961 and the University Grants Commission Act, 1956.
(2) The consultation procedure between the Bar Council of India and the Universities must be simple and effective.
(3) Section 7(1) (h) has to be amended by providing for 'consultation' as proposed in sections 10AA to be inserted in the Advocates Act, 1961 with the Legal Education Committee of the University Grants Commission.
(4) Clause (b) of subsection (2) of section 10 has to be amended to provide for membership of Legal Education Committee of the Bar Council of India, representing different classes of person. The Committee shall comprise of 5 members from the Bar Council of India, one retired Judge of the Supreme Court of India, one retired Chief Justice/Judge of a High Court both to be nominated by the Chief Justice of India and three academicians in law to be nominated by the University Grants Commission and these three should be members of the proposed UGC Committee on Legal Education and all three of them must be in office and one of them must be Director/ViceChancellor of a statutory Law University. The retired Judge of the Supreme Court shall be the Chairman of the Committee.
(5) The Attorney General for India can, at his option, participate in the meetings of the Legal Education Committee of the Bar Council of India and the Chairman of that Committee shall be entitled to request the Attorney General to participate in the proceedings of the Committee and when he so participates, he is entitled to vote.
(para 3.13 (3)
(6) The Bar Council Legal Education Committee shall decide all matters in its meeting by majority of votes of the members present and voting, and in the event of equality of votes, the Chairman shall have an exercise a casting vote.
(para 3.13 (4)
(7) The Bar Council Legal Education Committee shall meet at least once in three months.
(para 3.13 (5)
(8) In sub-section (4) of section 10A, for the words 'every committee thereof except the disciplinary committees', the words 'every committee thereof except the Bar Council Legal Education Committee and the disciplinary committees', should be substituted.
(para 3.13 (6))
(9) The U.G.C. Committee on Legal Education to be constituted by the U.G.C. The Committee to consist of ten members, of whom (a) six shall be academicians of the level of Professors, Deans or Principals or of equal rank, (b) two shall be law teachers of similar ranks who have retired and (c) two shall be Directors/Vice-Chancellors of statutory Law Universities. Section 5A to be inserted in the UGC Act, 1956 for constitution of UGC Legal Education Committee.
(paragraphs 4.14 and 4.21)
(10) The procedure for consultation referred to in section 7(1)(h) shall be as follows: After the Legal Education Committee of the Bar Council of India consults the State Bar Councils, it shall consult the Legal Education Committee of the UGC which shall forward its views back to the Legal Education Committee of the Bar Council of India and the latter Committee shall then take a final decision. Section 10 AA to be inserted in the 128 Advocates Act, 1961 for providing consultation procedure to be followed by the Bar Council Legal Education Committee.
(paragraphs 4.3 and 4.20)
(11) The UGC can also initiate proposals by sending the same for consideration of the Legal Education Committee of the Bar Council of India, in which case the same procedure will be followed by the Legal Education Committee of the Bar Council of India, which it follows in the matter of proposals initiated by it.
(12) The Bar Council of India should implement the decisions of the Legal Education Committee of the Bar Council of India.
(13) The Bar Council Legal Education Committee should take into consideration various factors mentioned in para 4.17 before passing any resolution in respect of standards of legal education.
(14) Section 7(1)(h) be amended to provide that standards of legal education shall be laid down by the Bar Council of India in accordance with the recommendations made by the Legal Education Committee of the Bar Council of India after consultation with the State Bar Councils and the Legal Education Committee of the UGC, as mentioned in the proposed section 10AA and the word, 'standards' shall mean various matters referring to curricula etc. as detailed in para 5.24.
(15) ADR training must be introduced for law student and lawyers as follows:
(1) for students, ADR system to be made compulsory subject in LL.B. course; and
(2) for lawyers, short-term training, certificate, diploma courses on ADR to be introduced on a massive scale all over the country, for purpose of section 89 of Civil Procedure Code.
(para 6.5, 6.6)
(16) The High Court and the Bar Council of India, the State Bar Councils, the Indian Law Institute and the ICADR and similar organizations should start ADR training programmes for lawyers and judicial officers. The training should be a short one for one week, or it may be one-month certificate course or a six-month or a one-year diploma course.
(17) Section 7 (1) (h) to be amended to enable the Bar Council of India to promote ADR as a subject of academic study in the law school to students and also to promote continuing education on ADR to legal practitioner.
(18) Bar Council of India can lay down minimum standards necessary for courses for students who will come into legal profession but not in respect of other law courses which do not lead to a professional career. UGC can 130 prescribe higher standards.
(para 4.10 to 4.12)
(19) UGC and BCI to introduce a system of Accreditation of law colleges. Section 7 (1) (h) should be amended to enable Bar Council of India to promote excellence in legal education for the purpose of accreditation system.
(20) It is proposed to recommend amendment of clause (h) in section 7(1) enabling the Bar Council of India to lay down procedure and conditions for appointment of Adjunct teachers who are to be appointed from among members of the Bar and the retired Judges. This has to be done in consultation with the State Bar Councils and the Legal Education Committee of the Bar Council of India and the Legal Education Committee of the UGC.
(21) It is proposed that a separate provision be inserted in the Advocates Act for providing that no law college or a law department of a university shall impart instructions in course of study in law which lead to enrolment as an advocate unless a permission has been granted by the Bar Council of India in this regard. It is also proposed that no law college or law department of university or any other institution shall continue to impart instruction in such course, if the permission granted by the Bar Council of India has been withdrawn. Further that any fees collected towards admission in violation of this provision shall be refunded. It is also 131 proposed that violation of this provision shall amount to an offence punishable under proposed new section 45A.
It is proposed that existing section 7A be renumbered as 7D and after section 7, above mentioned provision be inserted.
(paras 8.3.1 & 8.3.2)
(22) A separate clause in sub-section (1) of section 7 be added to enable the Bar Council of India to grant permission for imparting instruction to a law department of a university or a law college and to withdraw such permission.
(23) It is recommended that separate provisions be incorporated in the Advocates Act, 1961 for providing that in case of any conflict in the inspection reports of the Bar Council of India and of the UGC/Universities or where there is a big gap between the claims of the management and the Inspection Committee, a Task Force should make inspection on the same lines as in the Regulations of the AICTE in which a Judicial Officer would be a member. For this purpose, it is proposed that new sections 7B and 7C be added in the Advocates Act. Consequently, inspection Rules framed by the Bar Council of India should be amended.
(24) The existing section 7 (1) (i) should deal only with recognition of universities. For the purpose of inspection of law colleges and universities, separate provisions should be inserted in the form of section 7B and 7C. 132 Consequently, sections 6 (1) (gg), 7 (1) (i), 49 (1) are also required to be amended.
(25) It is recommended that the 'problem method' be introduced in the examination system to an extent of about 75% in each paper, apart from 25% for theory. The students should obtain a separate minimum number of marks for the theory and a separate minimum in the problem part of the examination. This will enable the students to apply their mind seriously to every subject. This will also eliminate malpractices like copying or seeking help of invigilators. Attendance to classes is also bound to improve.
(26) It is also recommended that the clinical legal education may be made a compulsory in legal education.
(27) The Central Government should start at least four colleges in the country for providing professional training to law teachers in consultation with the Bar Council of India and the University Grants Commission.
(28) Section 7 (1) may be amended by adding clauses (ie) and (if) as follows:
"(ie) to take such measures to establish institutions for continuing legal education for law teachers;
(if) to take measures for raising the standards of teaching in law in consultation with the Central Government, the State Governments and the University Grants Commission."
(29) It is recommend that in section 7 (1), clause (ig) be added as follows:
"(ig) to create awareness of the latest trends in legal education by establishing legal education libraries at the offices of the Bar Council of India and all State Bar Councils and universities and in law colleges."
(30) Section 7(1) (i) to be amended for providing disaffiliation or derecognition of a College or a University in case a College or University does not implement the lawful directions of the Bar Council of India or State Bar Councils.
(31) In Section 49 (1) following clause should be added, namely:
"(aj) the procedure regarding recognition and de-recognition of such universities as referred to in clause (i) of sub-section(1) of section 7 and the procedure regarding the issuing of direction to a university to disaffiliate a Law college;"
(32) Training for one-year (Apprenticeship) in the Chambers of a lawyer with at least ten years standing and Bar Examination to be introduced for a law graduate before he enters the legal profession, by amendment of the Act. Power to do so to be vested only in Bar Council of India. Sections 7, 24 and 49 to be amended.
(33) Officers in private or public service, dismissed or removed from service or convicted on the ground of charges involving moral turpitude, to be debarred totally from entering into the profession. Section 24A (1) should be amended.
(paras 13.2 & 13.6)
We recommend accordingly.
Justice M. Jagannadha Rao
(Dr. N.M. Ghatate)