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Report No. 184

1.6 Views of the Faculty:-

On the side of the Faculty, the Commission received the views arrived at in the national conference of law teachers, viz., the All India Teachers Congress (22-25 Jan, 1999), held at the Faculty of Law, University of Delhi. The said Conference was attended by law teachers 10 representing over 460 law colleges in the country. The Congress was inaugurated by Justice S.B. Majmudar of the Supreme Court of India. The Congress published a separate volume on the subject containing a large number of papers regarding various aspects of legal education. It also passed various resolutions.

It referred to the 'Revised Curriculum' prepared by the Bar Council of India (for 3 year and 5 year law courses). The main grievance of the entire Faculty drawn from all over the country was that the Bar Council of India was not complying with the requirement of 'consultation' with the Universities under section 7(1)(h) of the Advocates Act, 1961.

It was pointed out that under section 7(1)(h) , one of the functions of the Bar Council was "to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils." and the view was unanimously expressed that the Bar Council of India could not have revised and fixed the "curriculum" for law students without consulting the Universities.

It was even observed that the action of the Bar Council of India was ultra-vires of the provisions of the Act. The Congress in its letter to the Commission dated 24.7.1999 went to the extent of suggesting that the Bar Council should not have any role to play in the matter of legal education or of fixing up the curriculum and it should be vested in a separate body consisting of legal academics.

1.7 Again, National Law School of India University (NLSUI) organized, in conjunction with its 10th Convocation, the 'First National Consultative 11 Conference of Heads of Legal Education Institutions' at Bangalore on 12.8.2002. The conference was inaugurated by the Chief Justice of India, Shir B.N. Kirpal and several Judges, Professors and leading lawyers spoke on the occasion. A draft of the final 'issues and recommendations' emerging therefrom has been forwarded to the Law Commission of India on 5.11.2002.

The Report deals with challenges faced by legal education. It refers to academic goals of legal education; institutional structure; curriculum/syllabi; evaluation/examination; the difficulty in finding good teachers; technology and connectivity; class rooms; teaching tools and infrastructure; students; career opportunities and placements; Bar Examination/Apprenticeship, governance; accreditation and quality arrangement; and finally financing. The above Report dated 5.11.2002 sent by the National Law School has also been taken into account while preparing this Report.

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