Critically Examine the Evolution of Legal Education in India

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This is a good article. This article gives very high quality information. I will certainly take care of it. Some really very useful tips can be found here. Thank you very much. Keep good works alive. After independence, the greatest leaders of the independence movement, who were lawyers, forged a system of legal education and legal profession that would require sufficient skills with a thorough understanding and knowledge of the law and principles to practice and preserve the legal system of a new nation. Legal education is essentially a multidisciplinary and multidimensional education that can develop the human resources and idealism needed to strengthen the legal system. A lawyer, a product of such training, would be able to contribute to national development and social change in a much more constructive way.- S.P.Sathe In modern development societies, law, legal education and development have become interconnected concepts.

According to the Babylonian Dictionary, «Legal education is the education of people who intend to become lawyers, or those who simply intend to use their law degree for a specific purpose, whether in terms of law (such as politics or science) or economics. It includes: the first law degrees, which can be studied at the bachelor`s or master`s level, depending on the country; Professional training courses that future lawyers from certain countries must take before they can enter the practice and obtain higher university degrees.» Historically, legal education in India has not received any priority or serious attention. After the baccalaureate, courses were taught in the legal departments of universities in the form of three-year programs that led to the award of an LLB degree. With the creation of national law faculties, this mediocrity was called into question and he managed to attract students to study law. This document will examine in detail the state of legal education before and after independence, as well as the goals and challenges facing legal education in our country. In the current era of information capitalism, economic liberalization and the WTO, the legal profession in India must meet the needs of a new brand of legal consumers/customers, namely foreign companies or cooperations. In the modified scenario, the additional roles of lawyers are those of the policy planner, the business consultant, the negotiator among interest groups, experts in articulating and communicating ideas, the mediator, the lobbyist, the law reformer, etc. Due to the growing role of lawyers, our program should be enriched with all the interdisciplinary courses necessary to produce competent lawyers of the 4th generation.

The Encyclopedia of Education defines legal education as a skill of human knowledge that is universally relevant to the art of the lawyer and deserves special attention in educational institutions.[2] Blackstone says that legal education aims to transmit knowledge of the land as part of the necessary culture of a gentleman, a nobleman, and an ordinary man working in a learned profession [3]. The Law Commission also defines legal education as a science that allows students to learn about certain principles and provisions of the law in order to enable them to enter the legal profession. In everyday language, it can be described as a science that deals with the practical aspect of the law of the land and consists of referring to laws, pleadings or arguments on legal issues and asking questions [4]. Therefore, it can be said that legal education is not a narrow term. It includes not only the profession practiced in the courts, but also includes research in the field of law, jurisprudence, administration, commercial and industrial employment and all other activities that apply for and require the use of legal knowledge and skills. History of Legal Education in Ancient India The basic concept of education in ancient India was to give the right direction in the different areas of life.[5] The concept of legal education in India dates back to the Vedic Age, when it was understood as a branch of the Dharma. However, there is no record of formal legal training offered at the time. Training was acquired in Dharma-related matters.[6] The Vedas were the original sources of law, and the Smritis proclaimed the message of the Vedas and the Smritikars were great jurists. Smritikars, commentators and Nibandhakars [essayists] were the legal guardians of the law. Sadachara, custom, nyaya or yukti were the basis of the legal process in ancient India.

The king himself judged the law or was advised by a Sabha who had both advisory and executive functions. This parishad was composed of ministers of officials, usually Brahmins, who authoritatively advised the king on the law.[7] A separate education similar to modern legal education was not deemed necessary as the Dharma was considered the main idea behind the Hindu religion. Therefore, in the absence of the need for trained lawyers, there was no institutionalization of legal education as a separate branch, but it could be said that it was taught as part of general education, which revolved around the concept of Dharma [8]. The Mughal period[9] The year 1525 marks the beginning of the Mughal period in India, which extends until the rise of British rule in India. Meanwhile, the emperor was the head of the judiciary. The Mughal rule brought with it a system of courts to rule on all kinds of cases. These courts followed a formal procedure, including a rule of evidence, on the basis of which the complexity of the case law began to arise. All these changes in the legal system required the involvement of legal experts who were called Vakils.

The Figh-e-Firoz Shahai and the Fatwa-e-Alamgiri were adopted there, which dealt with Vakil`s duties. At the village level, the Panchayats continued to exercise their powers, but a disgruntled party might prefer to appeal the Panchayat`s decision to the court established under Mughal law. The Vakil(s) appointed by the state for this purpose were known as Vakil-e-sarkar. Thus, legal assistance has become increasingly necessary with the increasing complexity of the administration of justice. Portuguese period[10] The judicial system in Goa since the entry of the Portuguese, i.e. 1510 to 1964 is significant because the Portuguese were the first to settle and the last colonial power to leave the Indian coast. Portuguese rule in Goa differs from British rule, as the former entered Goa as representatives of the sovereign king, while the latter entered the regions of India as a merchant society.