"Education is the most powerful weapon which you can use to change the world"
- - Nelson Mandela
Legal education is a species of main stream education involving the study of
law. It inculcates the ability to make use of law, to analyze it and to
criticize it as a member of the legal community. Legal education in India at
present needs a thorough revamping and modernization. As in any other organic
institutions, research and development wing should be attached to this sector to
recommend and update the developments in this regard.
It plays a vital role in shaping and molding the future of the country. The need
of the legal education cannot be over emphasized; it is directly responsible for
the effective realization of individual's right thus can affect the quality of
civil life of the citizens in a State of western Odisha. Legal education is
actually the science which deals with the practical aspect of the law of the
land and consists of readings on statutes, moots or arguments on points of law
and putting of cases. The object of legal education needs to be the development
of professional skills.
In Western Odisha, Legal education has a very crucial role to play in the
development of law as a hermeneutical profession, since it is an educational
process which equips the future lawyer, judge, administrator, counselor and
legal scientist to fashion and refashion ways of peaceful and ordered attainment
of ideals of human governance and democratic rights. Nowadays, law pervades
every sphere of our national life.
From the very early period, legal theory or codes of laws based on higher values
and ideas were evolved based on the conception of Dharma. The Law and lawyers
are instruments of social order. Without law, the evolution of human kind to its
present stage of development would not have been possible. Through the law,
society is preserved and people are able to live in peace, from generation to
generation. Nowadays, law pervades every sphere of our national life.
According to Justice. Krishna Lawyer as˜ a Profession of law is a noble calling
and the members of the Legal profession occupy a very high status. Law is the
foundation of every society and it develops abiding citizens, lawyers,
academicians and aspiring judges. Legal education in India refers to education
of lawyers before their entry into practice.
The reason to choose this topic is to express my point of view regarding the
subject matter like:
What kind of update in legal education needs to be brought up, special attention
among students in our western Odisha. There are so many provisions which are
relating to improve and impact the legal education for western Odisha students.
There are a lot of problems found in legal education system like lack of
infrastructure, students still depend upon their marks and grade but they do not
get practical knowledge, faculties or the professors must show some interest to
develop the skills of students skill. Only by creating awareness programs it
doesn't work, even the students must show their interest. There are many scopes
available for the students to shine in different fields so it's up to them to
Aims and Objective of legal Education
In western Odisha total covers 10 district of Odisha, legal education play a
crucial role for this developing rural and tribal area in western Odisha,
awareness of legal education is core factor.It is the legal education that plays
an important role in promoting social justice for public of western Odisha. Law
professionals are characterized as 'Social engineers'.
Law as a profession and legal education as a discipline was not a popular choice
of the students in India prior to the introduction of five year law course, most
of the students who performed well in their Intermediate Education aspired to
study medicine, engineering, computers, business management and accounting. In
the western Odisha seven law college offered LLB courses and 2 residential
colleges offered 5 years law course, and Sambalpur University offered LLM, Mphil
and Ph. D such as:
Two Residential College offered BALLB 5 year's integrated course:
- Bargarh Law College, Bargarh
- Balangir Law College, Balangir
- BalGangadharTilak Law College, Sonpur
- LajpatRai Law College, Sambalpur
- Kalahandi Law College, Kalahandi
- Prasanna Panda Law College, Jharsuguda
- Rourkela Law college, Rourkela
- Dr. B R Ambedkar Law College, Dharmagard
- BargarhVikash institute
- NuapadaMahamaya institute
- Sambalpur University JyotiviharBurla
LLM, M. Phil and Ph. D
Important of Legal Education
Excellence in legal education and research is extremely important, because it
will help shape the quality of the rule of law. ... It also offers law students
a supervised, rigorous and disciplined opportunity to learn practical legal
skills though clinics, externships and trial practice and negotiation courses
Legal education is a broad concept. It includes the profession which is
practiced in court of law, law teaching, law research and administration in
different branches where law plays a pivotal role.
It injects a sense of
equality before law. The standard of bar and bench is the reflection of the
quality and standard of the legal education acquired at the law school.
Knowledge of law increases, if one understands the affairs of the state. The
importance of legal education cannot be over- emphasized in a democratic
society. It is necessary duty of everyone to know the law. Ignorance of law
cannot be excused. Thus, legal education not only produces efficient lawyers but
also creates law abiding citizens with human values and rights.
Law helps society achieve good status as it can develop law abiding citizen,
lawyers and aspiring judges. In India, Legal education is considered as the
education of lawyers before they even begin their practice. Legal education is a
broad concept and requires good understanding of the court of law, law teaching,
research and administration - as knowledge of different branches play a pivotal
role. It facilitates a sense of equality before law. Legal Education helps
instill a sense of duty that there is no one above the law. Therefore, legal
education not just produces efficient lawyers but also creates law abiding
Legal study promotes accuracy of the expression, facility in arguments and skill
in interpreting the written words, as well as some understanding of social
values. So that 'Law act as the cementing material of society and an essential
medium of social change. A well administered and socially relevant legal
education is a sine qua non for a proper dispensation of justice. Giving legal
education a human face would create cultured law abiding citizens who are able
to serve as professionals and not merely as business men.
Empowered by the Constitution to legislate in respect of legal profession,
Parliament enacted the Advocates Act, 1961, which brought uniformity in the
system of legal practitioners in the form of Advocates and provided for setting
up of the Bar Council of India and State Bar Councils in the States. Under
clause (h) of sub-sec (1) of Sec.7 of the Advocates Act, 1961 the Bar Council of
India has power to fix a minimum academic standard as a pre-condition for
commencement of a studies in law .
Under clause (i) of sub-sec (1) of Sec. 7,
the Bar Council of India is also empowered "to recognize Universities whose
degree in law shall be taken as a qualification for enrolment as an advocate and
for that purpose to visit and inspect Universities" . The Act thus confers on
the Bar Council power to prescribe standards of legal education and recognition
of law degrees for enrolment of persons as Advocates.
However, for promoting
legal education and for laying down standards of legal education, the
Universities and State Bar Councils must be effectively consulted. The
University Grants Commission has in the course of time evinced interest in
improving legal education and has taken various steps towards that end, through
adequate funding, creation of senior posts and other means.
Significance of the Legal Education in Odisha
The effectiveness of the administration of justice can only be reaped if the
legal education is governed not only for the person who wishes to take the law
as a profession but for those who wish to be a responsible and enlightened
citizen. In the developing society, the importance of legal education has
assumed a great significance.
The object of the legal education is not
restricted only with producing legal practitioners who are experts in
litigation-oriented skills, but also to play a vital role in which the lawyers
are equipped with divergent skills, prospective and tools with a view to making
them policy-makers, administrators and social engineers.5 "Law without education
is a dead letter. With education the needed law follows without effort and, of
course, with power to execute it; indeed, it seems to execute itself."
Rutherford B. Hayes The aim of legal education is much higher than merely
securing technical proficiency and material progress. The legal profession and
judiciary have, therefore, an important role to play in facilitating the
management of change. The law makes us "citizens", legal education makes us
"ideal citizen". If legal education is aimed at grooming, social engineers, it
would have been easier to achieve peace in society.6 Legal education is a vital
link in the creation of knowledge, concepts as well as in the application of
such concepts in society. The object of legal education is primarily to create
With the passage of time the spectrum of this term has
widened. It has absorbed within its scope all these employments which are mainly
dependent on their degree in law. When the seminars are conducted on the topic
like, "Legal Education: Challenges Ahead", it is observed that the whole focus
is on those who impart education in law in universities, law schools and law
colleges. The object of paper is to highlight the need of imparting knowledge to
coming generations. In order to provide legal education as the yardstick of
social empowerment, it is necessary that teachers/ lecturers in law should lay
special emphasis on three points which are as follows:
- To reveal the process through which law can introduce significant
changes in the social and economic organization of society leading to
improved standard of living.
- To emphasize the study of principles, institutions and proceedings that
are fundamental in safeguarding the promotions of the rights of individuals
and groups and
- To imbue students with rule of law and to develop the personal qualities
required to uphold the noble ideas of the profession and secure the
effective enforcement of the law in the community.
Legal education cannot exist
in a vacuum, therefore, developments within higher education is necessitated.
Necessary changes can be explained by many reasons, but prominent reasons that
have acted as a catalyst for changes are the:
- Emerging new social-economic challenges,
- The focus is not merely to maintain standards of legal education but to
It is arguable that there is a conflict between legal
education and general educational policy maker. The conflict revolves around the
manner in which both groups perceive how the challenges of the 20th century
should be met. The main thrust of legal education policy is that legal education
needs to prepare students not just for a career in law, but should equip
students to extend the range of carriers leading from legal education beyond the
narrow choice of becoming a barrister or solicitor. Therefore, legal education
should be an "all round preparation for a wide range of occupational
Historical Development of Legal Education in India
The concept of dharma, in the Vedic period, can be seen as the concept of the
legal education in India. The guiding force for the King or his appointee was
the upholding of the dharma. For almost a century from 1857 to 1957 a
stereotyped system of teaching compulsory subjects under a straight lecture
method and the two year course continued. The need for upgrading legal education
has been felt for long. Numerous committees were set up periodically to consider
and propose reforms in legal education.
The University Education Commission, was
set up in 1948-49, in the year 1949 the Bombay Legal Education Committee was set
up to promote legal education. The All India Bar Committee made certain
recommendations in 1951. In 1954, XIVth Report the Law Commission (Setalvad
Commission) of India discussed the status of legal education and recognized the
need for reform in the system of legal education. It depicted a very dismal
picture of legal education. It was only from 1958 that many universities
switched over to three year law degree courses.
It was only by 1967, that it
became onerous task for the three year law colleges to include procedural
subjects into the curriculum of their law school. The dichotomy between the two
courses 3 year LLB course after graduation and 5 year integrated course after
10+2, based on various factors such as professional legal education, mental
faculties of students, multi-disciplinary and clinical legal approach to legal
education still continues.( Ahmad,2009)
Role Of Bar Council Of India:
The complex legal system of today can't exist without its specialists. A lawyer
is a man who has master learning of law and has practical expertise in its
working. In India lawyers are officers of the court helping judges in the
organization of equity. An efficient and free legal aid isn't just a
precondition for appropriate organization of equity, however it is additionally
an important fixing and underwriter of the manager of law.
Practitioners Act, one thousand eight hundred seventy nine was an extensive
enactment to unite and alter the law identifying with legal practitioners. The
Act gave wide powers to the High Courts to select lawyers for various courts and
furthermore to make disciplinary move against them. They had the forces to make
rules as for the capabilities and affirmation of appropriate people as backers
and vakils of the courts. The High Courts were additionally approved to make
rules regarding capabilities and confirmation of pleaders and mukhtars for the
An essential arrangement of the Act which keeps on existing
even now, engaged the District Judges, Session Judges, District Magistrates and
so forth to distribute the rundown of courts. The dissatisfaction over the
refinement amongst vakils and advocates concerning appearance on the first side
of the High Courts and furthermore an interest for an All India Bar, prompted
the arrangement of the Indian Bar Committee, one thousand nine hundred twenty
three under the administrator ship of Sir Edward Chamrier. Board of trustees
prescribed the foundation of a Bar Council for every High Court. It turned into
the premise of the death of the Indian Bar Councils Act.
Indian Bar Councils Act, one thousand nine hundred twenty six built up a Bar
Council for every High Court comprising of fifteen individuals, one of whom was
the Advocate-General as the ex-officio Chairman. The move of the considerable
number of practitioners selected under a High Court was to be kept up by that
High Court which had the ability of making disciplinary move against them.
Act still left a lot of that what was wanted Legal practitioners were as yet
disappointed as no active self-sufficiency had been given to the calling. The
Bar Councils were just warning bodies and the genuine forces vested in the High
Courts. Another grouse was against the qualification amongst advocates and
lawyers and limitations on promoters of one High Court to show up in another
High Court.(Krishna Iyer 1979)
Law College is Odisha
The profession in law is considered as one of the best careers attracting the
young generation in today world. This option gives a candidate a variety of
courses to choose from- such as corporate law, civil law, criminal law,
constitutional law, international law, and family law. The Bar Council of India
governs all the legal education conducted in India.
Importance of Law Education in Orissa
Orissa is a state in the eastern part of India. Legal education in Orissa
requires lawyers who can perform different roles in the society.The lawyers need
to have a vision and mission to develop the stateof Orissa. The poverty in the
state prevents the students to take full time courses of law offered by law
They need to opt for online law education in their spare time and work in
different fields of law. This makes the dreams come true of many students coming
from backward and poor families. They can get the degree of law without spending
any money; rather earn some money while doing some other jobs.
A graduate from any Law College of Orissa can join firms requiring trained
professionals dealing with Property law, Human rights law, and environmental
law. These candidates have an option to practice in courts and work in law firms
or even start their own private practice advising the public in all types of
legal matters related to will, property, marriage, family rights, etc.
Factors that influence legal education in India
Legal education is influenced by a multitude of factors. They are as follows:
- Governmental Policy
- Bar Council Of India
- University Grants Commission
- Affiliating Universities
- Private Governing Body Of Law Colleges
- National Litigation Policy
- Developments In Legal Profession
- Developments In The Legal System
- The Kind Of Students Who Enroll
- The Caliber And Commitment Of The Faculty
- The Infrastructure Available
- Technological Advancements
- The Developments In Other Fields Of Education
- The Changes In The Society.
Necessary modification required by western Odisha Law College
The law schools are required to make strategic plans that set out a clear vision
of justice delivery and also address the emerging realities of the market. Goal
of the law schools should be to build a 'system of legal education' that:
- Promote an inter-disciplinary approach of law with other social
A person who studies law must have some proficiency in country's history,
political theory, economics and philosophy, to enable him/her in becoming
agents that participate in institutional changes.
- Encourage proficiency in languages:
Command over spoken and written language, effective oral skills, diction and
extensive reading are pre-requisites that go without saying. Knowledge of a
foreign language is important to be a lawyer in the global economy. Law
students should be provided with the opportunity to learn a foreign language
of their choice.
- Personal Characteristics:
Lawyers, solicitors, legal executives all need good intellectual ability,
the ability to assimilate and analyse facts quickly. Law
students hence need to develop their ability to distinguish the relevant form
the irrelevant, screen evidence, and apply the law to the situation under
scrutiny. The law students are further required to enhance the ability to argue,
explain and convince points of law. They need to maintain their complete
integrity of character and need mental and physical stamina in order to cope
with the long hours, travelling and stress.
- Develop a critical outlook:
Law teachers should switch over to what is called as 'comparative method of
teaching'. The law students should be mobilised to
evaluate the existing or prospective draconian laws, participate in discussions
on the latest developments and required amendments.
- Encourage Clinical training:
'Justice' must become central to the law curriculum and community-based
learning must give the desired value orientation in the making of a lawyer.
This concept of justice education in the field of legal education means that
the law school curriculum should entail certain programs like LokAdalats, Legal Aid & Legal Literacy and para-legal training.
he complementary teaching methodology of learning by doing and the conventional
classroom teaching, through the law school clinics , help in developing the
advocacy skills in the law students. 'Mock' trials and Moot court competitions,
structured as court trial; client interviewing and counseling sessions; legal
research; editing of law journals; legal drafting and conveyance; court visits
etc. in the curriculum is one of the ideal ways to facilitate performance based
It is a means of improving in students the basic skills such as the skills of
critical thinking, presentation skills, participation skills, the skills to work
as a team, the leadership quality, in addition to the boost in students'
knowledge of law.
Encourage acquaintance with new technological means: Law schools and
universities should be able to provide e-courses on the shelves. The teachers
should put course materials on the Web, conduct on-line tests/assignments and
grade students. Web-sites can lead learners to virtual class-rooms. Teachers and
students should be oriented to look at the Web as an information provider.
Weakness Of Indian Legal Education
The course content for these courses is decided by the universities with
guidelines from the bar council of India, under the Advocates Act inter alia has
the function to promote legal education to lay down standards of such education
in consultation with the Universities in India imparting such education and the
State Bar Councils.
Following Are Some Of The Challenges Facing Legal Education In The
- Easy Entry in Legal Education: legal education emerged profit making
organization .The main problem is that the team of Bar Council and the
university which is responsible for the inspection of colleges seeking
permission to start law courses.
- The teaching facilities and techniques: The law colleges are still
accustomed to the age old method of teaching through lectures in a class
- The faulty Examination system: The laws colleges adopt the traditional
examination pattern. The grade card of students is reflection of their
ability to mug up few topics instead of their analytical and practical
- The irrelevant syllabus: Even after being asked by the UGC Committee and
Bar Council of India for upgrading of syllabus of law courses here remain a
lack of uniformity in law curriculum of different Universities. Law
education must be made more relevant to the 4 profession and its challenges.
- Vast differences among Law Institutions: The increasing level of
differences amongst the level of educational institutions have created a big
divide into 'elite 'education groups and the rest of institutions.
- Shortage of good teachers: Generally the law colleges fail to attract
talented law professional for joining as teachers in their institution. The
requirement of requiting the NET qualified applicants as lecturers
universities are restricted to make free judgments of the quality of teacher
- Problem of Placement: Students usually complete their placement with a
- Physical infrastructure and financial resources: The law schools in
India have to recognize the need for creating sound physical infrastructure
and for developing research projects and should take initiatives to
encourage faculty members.
- Promotion of philanthropic initiatives in field of Legal Education: the
law colleges, the bar, the bench, the law firms and corporations for
promoting philanthropic initiatives in legal education and research.
- Qualified teachers and research aptitude: Good teachers and researchers
in the law schools is also a great required in legal education to motivate
the students and impart better education of law.
- Privatization of Legal Education: The privatization of legal education
has resulted in mushrooming of law colleges resulting in the degrading of
Indian image of legal education at internationally.
- Coming of Foreign Universities and Legal Professionals in India: The
emergence of foreign universities and legal professionals in India have also
posed serious problem before legal education.
Legal education is a hidden wealth. Law is the cement of the society which
fertilizes a barren land and makes the lives of people worth living in society
Legal education in India is going through a very exciting phase. Though India
has the largest population of lawyers in the world, there is need for eminent
lawyers. The opportunities for bright law graduates are massive and the new
generation law schools have a major role to improve the standards of legal
education in India. Hence, the scenario of legal education is becoming more and
more specialized as was envisioned by the well-wishers of the legal profession.
Written By: Mr. Karan Singh
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Ph. D Scholars Sambalpur University