Report No. 14
61. Summary of recommendations.-
Our conclusions on Legal Education may be summarised as follows.-
(1) The legal education imparted in our country so far has been extremely defective and is not calculated to produce either jurists or competent legal practitioners.
(2) In recent years, there has been considerable deterioration in the standards of legal education.
(3) Only graduates should be allowed to take the degree course in law.
(4) The University course in law should extend for a period of two years and should be confined to the teaching of the theory and principles of the law. Procedural, taxation and other laws of a practical character should not be included in the University course.
(5) Roman Law should not be taught as a compulsory subject in the Universities .
(6) ) It would be advisable if jurisprudence is taught in the second year after the student has acquired some knowledge of law and legal principles.
(7) Law teaching should be imparted only in full-time institutions.
(8) The law colleges should be manned by full-time teachers.
(9) Persons who are in employment and who are pursuing any other course of study should not be permitted to join the law colleges.
(10) The principal method of teaching law is and must continue to be lectures.
(11) Every lecturer should prepare a synopsis or outline of his lecture and distribute it to the students in advance of the lecture.
(12) Lectures should be supplemented by seminars or group discussions.
(13) An effort should be made to introduce the tutorial methods in our law colleges.
(14) The case method of teaching law is very valuable and should be adopted in the case of certain subjects.
(15) The utility of moot courts and mock trials is strictly limited and they may more properly find a place in the third year professional course.
(16) The existing standards of law examinations are on the whole deplorably low.
(17) There is evidence to support the suspicion that there is nepotism in the conduct of some law examinations.
(18) For the benefit of persons in employment who wish to acquire a knowledge of law, diploma course may be conducted but diploma holders should not be eligible to enter the legal profession.
(19) Entry to the law colleges should be restricted by a system of strict tests so that only deserving candidates are admitted. This restriction of admission is necessary so that proper standards of teaching may be maintained.
(20) Law colleges in this country should be encouraged to undertake research in law.
(21) It is necessary that financial assistance should be provided by the Government to enable law colleges to attain and maintain proper standards and for carrying out legal research.
(22) A person who has only a degree in law should not be permitted to practise the profession.
(23) A person who after obtaining his degree wishes to enter the profession should pursue a professional course conducted by the Bar Council in procedural and practical subjects.
(24) It is unnecessary to establish a Council of Legal Education as recommended by certain Committees.
(25) The All-India Bar Council should be empowered to ascertain whether law colleges maintain the requisite minimum standards and should be empowered to refuse recognition, for the purpose of entry into the profession, of degrees conferred by institutions which do not conform to the minimum standards.
(26) Professional courses conducted by the Bar Council should comprise the procedural laws and other subjects mentioned in paragraph 53 as well as a course in professional ethics and drafting.
(27) The Bar Councils should arrange lectures for the benefit of apprentices undergoing this professional course.
(28) Attendance by the apprentice of a certain minimum number of lectures should be compulsory.
(29) Those who wish to enter the legal profession should be required to work in the chambers of an experienced lawyer and maintain diaries showing the work done by them.
(30) The apprentice course should be of one year's duration.
(31) The apprentices should be subjected to a very stiff practical test.