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Role Of Legal Education In Western Odisha And Their Impact In Legal Practitioners

"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 utilize.

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:
  1. Bargarh Law College, Bargarh
  2. Balangir Law College, Balangir
  3. BalGangadharTilak Law College, Sonpur
  4. LajpatRai Law College, Sambalpur
  5. Kalahandi Law College, Kalahandi
  6. Prasanna Panda Law College, Jharsuguda
  7. Rourkela Law college, Rourkela
  8. Dr. B R Ambedkar Law College, Dharmagard

Two Residential College offered BALLB 5 year's integrated course:
  1. BargarhVikash institute
  2. NuapadaMahamaya institute
  3. 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 citizens.

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 professional lawyers.

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:
  1. 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.
  2. To emphasize the study of principles, institutions and proceedings that are fundamental in safeguarding the promotions of the rights of individuals and groups and
  3. 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:
  1. Emerging new social-economic challenges,
  2. The focus is not merely to maintain standards of legal education but to improve standards.

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 destinations".

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.

The Legal 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 subordinate courts.

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.

The 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 colleges.

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.

Career Prospects
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:
  1. Promote an inter-disciplinary approach of law with other social sciences:
    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.
  2. 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.
  3. 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.
  4. 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.
  5. 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 education.

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.
  1. 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.
  2. The teaching facilities and techniques: The law colleges are still accustomed to the age old method of teaching through lectures in a class room
  3. 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 attributes.
  4. 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.
  5. 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.
  6. 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 appointed.
  7. Problem of Placement: Students usually complete their placement with a lawyer,
Following Are Some Of The Challenges Facing Legal Education In The Country:
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

  1. Ahmad, Tarbez (2009) Legal Education in Indian Perspective, 1-7
  2. K.L.Bhatia, Legal Justice Education: Vision Plan for Legal Schools, 1 (Deep & Deep Publications Pvt. Ltd., New Delhi, 2006).
  3. G. Manoher Rao and K. Srinivas Rao, Legal Education in India- Challenges and Perspectives,166 (Asia Law House, Hyderabad, I Edition, 2007).
  4. Kas Wachala, 'Changing Perspirations and Need of legal Education and the Usefulness of Iolis in these changing Times', 16 BILTA 1-12 (2001).
  5. Sneha.SAnd A. Sreelatha( 2018) Legal Education System and Its Problem In India, International Journal of Pure and Applied Mathematics,120(5), 1717-1727
  6. AmitDhall*(2014) Legal Education In India: The Emerging Challenges And Prospect , ", Commonwealth Legal Education Association, 51-60

Written By: Mr. Karan Singh Ph. D Scholars Sambalpur University
Email: [email protected]

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