Legal Field Has Diverse Professions, No Sense In BCI Regulating Entire Spectrum Except Practice At The Bar: Parliamentary Standing Committee
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has recommended that the Legal curriculum in education institutions should be designed in a manner that enables the development of skills required for pursuing diverse legal professions and not just courtroom practice. It thus recommended that the powers of Bar Council of India to...
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has recommended that the Legal curriculum in education institutions should be designed in a manner that enables the development of skills required for pursuing diverse legal professions and not just courtroom practice.
It thus recommended that the powers of Bar Council of India to regulate legal education should be limited to the extent of acquiring basic eligibility for practicing at the Bar.
“There is no sense in the BCI having regulatory powers over the entire spectrum of legal education. Further, the BCI has neither power not expertise to meet the challenges of the ever changing globalized world. This view has also been expounded by the National Knowledge Commission. But also there is a near unanimity amongst all the expert witnesses who appeared before the Committee, on this particular issue,” the Report mentioned.
For other regulatory functions related to higher education in Law i.e. Post graduation and above, which are presently being performed by the BCI, and which are not related directly to practice at the Bar, the Committee recommended that it should be entrusted to an independent Authority, the National Council for Legal Education and Research to be established under the proposed Higher Education Commission of India.
With respect to the revision of the LLB LLM courses, the Committee has recommended that topics such as Law and Medicine, Sports Law, Energy Law, Tech Law/Cyber Law, Commercial & Investment Arbitrations, Securities Law, Telecom laws, banking laws must not only be included but must be given mandatory status as the interdisciplinary subjects are the need of the hour.
The Committee recommended that the Government and Universities should work in tandem with BCI to ensure the comprehensive inclusion of the emerging areas in the curriculum of undergraduate courses.
The Committee opined, “while granting recognition to new colleges due consideration should be given to quality over quantity. It is imperative for the BCI to take urgent and effective measures to curb the proliferation of substandard law colleges in India and to ensure the quality and excellence of legal education and profession in the country.”
The Committee also opined that NAAC shall relook the rule of levying Rs. 6,00,000/-as assessment fee to Legal Education Institutions, and shall also hold more frequent and wider awareness programs and hand holding exercises that shall address the hesitation amongst legal Education institutions to volunteer for NAAC accreditation.
Regarding research in legal education, the Committee has observed that there is a need to prioritize and promote research in this field in India to improve the quality of legal knowledge and education for students and professionals.
The Committee said, “The Union and State Governments as well as the Universities should lay stress on the research works in the field of legal education and encourage law graduates to pursue higher education and knowledge in India rather than seeking education abroad.”
“The Committee further feels that there is a need to recruit world class global faculty who are top researchers in the field of law and can combine sound teaching methods with established track records of research. For this, it is imperative that we need to make legal academia an appealing career option for bright young lawyers through financial incentives, career development opportunities within the law schools,” it added.
The Committee has recommended that the Government and Universities should collaborate with the BCI to allocate dedicated research funding and resources to support faculty research initiatives in legal education institutions.
Recognizing the pivotal role of technology in modern legal practice, the Committee stressed the integration of technology-focused courses into legal curricula to equip graduates with essential skills. It proposed guidelines for incorporating emerging technologies such as Artificial Intelligence (AI) and blockchain, emphasizing the importance of adapting to technological advancements.
The Committee recommended, “BCI can establish guidelines and recommendations for integrating technology-focused courses such as legal tech, e-discovery, and online dispute resolution, into law school curricula of undergraduate courses. For Post graduation and above, an independent body with experts from different fields shall establish guidelines for integrating technology-focused courses.”
“By incorporating technology-focused courses, law schools can ensure that their students are well-prepared to leverage emerging technologies, streamline legal processes, and provide innovative solutions to their clients. This comprehensive approach will empower law graduates to adapt, excel, and make a significant impact in the evolving practice of law. BCI and the independent body can also establish a review and evaluation mechanism to assess the effectiveness of technology-focused courses and make necessary improvements based on feedback from students, faculty, and legal professionals for undergraduate and postgraduate courses respectively,” it further recommended.