06 September,2024 08:24 AM IST | Mumbai | Vinod Kumar Menon
Representational images. Pic/iStock
Academicians and practising advocates say it is high time to do away with the three-year undergraduate LLB course and focus only on the 5-year integrated Law course. Academicians say it is high time that the government, Bar Council of India (BCI) and universities rope in academicians and legal experts from the industry for a comprehensive review of the legal education system in India and come out with a blueprint to enhance legal education.
Mid-day in its article titled "75 per cent attendance must in law colleges, UGC reaffirms" dated September 5, highlighted the stand taken by the statutory authority in an affidavit before the Bombay High Court.
"I observe a qualitative difference in learning between the 5-year law course and the 3-year law course. Unlike the students pursuing a 5-year law course, the 3-year law course students are mostly pursuing law as a secondary choice. The 3-year law course should not exist as the students who pass out exhibit lack of legal knowledge and expertise. There is a need to bring in major changes in legal education such as a 6-month compulsory internship in the final year or after passing out just as we have for medical courses. Minimum 75 per cent attendance must be mandatory, providing assistance under legal aid, compulsory publication of research work to enhance drafting skill and research skills, community service to orphanage homes, old age homes, NGOs, etc. Today's budding lawyers may be intelligent but they lack empathy and ethics. The teaching-learning methodology also needs reshaping and restructuring," said Dr Sharmila Ghuge, associate professor of law at Jitendra Chauhan College of Law (JCCL), Vile Parle, who moved a writ petition in Bombay High Court on the issue of 75 per cent mandatory attendance.
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"There is a distinction between an undergraduate bachelor's course (3-year LL.B)and a professional course (5-year LL.B). While the former ought to focus on discipline and instruction, the latter needs to revolve around professional standards and knowledge that are profession-specific and relevant. The other aspect is the value of the time and effort of budding legal professionals. Now dwelling on the aspect of industry-relevant, professional courses, the quality of the education provided and the knowledge imparted needs to be checked and controlled. It is disheartening to observe that a fresh law graduate cannot write a cover letter, a basic application or an affidavit or even take down recording notes at a client conference they have attended. Further, while they may be aware of basic sections of laws, they have absolutely no knowledge as to its usage or relevance in daily operations," said advocate Floyd Gracias, Supreme Court Counsel and former faculty of law at many law colleges in Mumbai city and suburbs.
"The good students deprived of quality education on campuses are compelled to take up internships or pursue online or other courses to supplement the knowledge deficit and bridge the gap between the textbook and the industry practices and requirements. Therefore, if attendance is to be insisted upon, it should also be obligatory on the part of the system to provide knowledge worth the time of the students attending classes," said advocate Gracias.
"I therefore suggest that the first three years of the five-year law course's should have compulsory attendance to enable students to build a strong theoretical foundation. However, exemptions should be allowed for fourth and fifth-year students who are interning. This would be based on the premise that the first three years would be equivalent to the bachelor's degree while the last two years would be considered part of the professional course. This way, students can balance their academic and professional growth simultaneously," said advocate Gracias.
"The 3-year law course after graduation focuses solely on law-related subjects. In contrast, the 5-year integrated course merges undergraduate and postgraduate studies. The integrated course provides a broader educational experience, enabling students to explore diverse fields. While the 3-year LLB course is shorter, the integrated course offers a more comprehensive curriculum. Law is a professional course, and compulsory minimum attendance must be fixed. Legal education must be made more pragmatic rather than theoretical. Drafting, pleading and conveyancing must be fundamental to legal education and more and more faculty, who are practising advocates, law officers, senior counsels, public prosecutors and retired judges must be encouraged to teach. All law colleges must sincerely follow the directives of the state government and UGC on payment of remuneration to visiting faculty and full-time faculty too, said advocate Dhanpal Jain, a law faculty.
"Let both 5-year and 3-year courses continue, but make 75 per cent attendance compulsory. Internships at the end of every year must be mandatory and legal research must be encouraged by law colleges. There should be free legal aid cells for helping the weaker sections of our society particularly women, persons with disability and minorities. The government must set up an expert committee compromising academicians and experts from the industry for a comprehensive review of the legal education system in our country," said advocate Jain.
Advocate Rajeshwar Panchal, who has been in practice for over a decade, said "It can't be denied that there should be discipline in the colleges, however, it also cannot be ignored that the 3-year law course is in the nature of post-graduation for which compulsory attendance may not be necessary. However, compulsory attendance may be made necessary for the 5-year undergraduate course."
"Even for those pursuing law after graduation, legal studies is a different discipline in itself for which the student needs to be trained from the basics. Therefore, in my opinion, one can still be considered to be a double graduate (for a 3-year law course) but definitely not a postgraduate degree," said Dr Tanaya Kamlakar, assistant professor, Maharashtra National Law University (MNLU) Mumbai.
Echoing similar concern U K Nambiar, principal, of MCT College of Law, Navi Mumbai, said, "A high-level committee comprising of academicians, university representatives, BCI office-bearers along with state and central governments should come out with a much-required blueprint to address the problems of legal education today. Legal education should be made at par with other 5-year professional courses with mandatory internships in the last years. Gradually, we must do away with the 3-year law course and only have a 5-year course. In order to ensure compulsory attendance a refundable deposit of R10,000 can be levied by the university on each student, failing which the same may be forfeited."
