INTRODUCTION
The most principal role of legal education centers has been of training young aspirants to carry out society’s plan to speak for the voiceless and be an agent of social change and progressive development. The job of the law to manage public activity, socio-cultural aspects and individual conduct through institutionalism is well established and that speaks volumes regarding the duties and obligations of a law student . The knowledge of law gives legitimate power. The relevance of organisations rely upon their ability to self-critique and adaptability to frequent change.
The rebuilding of moral standards, keeping up with law and order, and dissenting from the popular is essential for growth. If legal education focuses solely on creating lawyers and legal professionals, then they are just providing a contributor in gross domestic product. This shall be a highly limiting the ambition considering the potential of legal education. The variations in socio, political and economical developments require law schools to view legal education as a socio-political obligation rather than a business industry. Law schools should be a crucial organ to usher intellectual, social and financial changes. It is believed that law changes the society, thus showing the sign of development. One of the great virtues of law is that it adapts to changing social, political and economical needs and maintains stability when rapid changes disrupt the societal relations.
The law student has to play different roles in different situations. Their roles also differ from region to country and globally. Country have a different legal systems regionally and nationwide. Even the approach differs in their legal education and therefore it creates a difference in their work and contribution. Maybe, legal education sought by one aspirant leads to different aim globally and serve the purpose regionally, for the other. Law students are prospective mouth piece of the complainant at court of law, interpreters where law needs to explicitly explained and entrepreneurs in terms of legal education.
LEGAL EDUCATION SYSTEM IN INDIA
Legal education occupies a key place in our country where rule of law prevails. It equips students with necessary skills and capabilities to understand the complex process of enactment, enforcement and interpretation of law with a view to secure equitable justice to all citizens irrespective of their caste, creed, religion or sex. Social consciousness of the significance of law to the people is an attribute of a ripening civilization. As the content and quality of legal education have a direct bearing on the legal profession, a sound and pragmatic legal education policy is a sine qua non for prestige and performance of the legal profession. The concern to make legal education more modern and contemporary and to make it socially relevant and humanistic for the teacher and the teacher has always guided the discourse on law teaching and research in India.
ROLE OF BAR COUNCIL OF INDIA (BCI)
The Advocate Act, 1961 which was passed by the Parliament of India by virtue of the powers entrusted under List I of the Constitution of India , under which an apex body namely the Bar Council of India was constituted to promote legal education and to lay down the standards of such education and scenario in consultation with the University Grant Commission. The Bar Council of India is empowered to prescribe the minimum qualification and to prescribe the other standards of legal education to be observed by such universities.
The Supreme Court in the case of Bar Council of Uttar Pradesh v. State of Uttar Pradesh[1] observed the importance of legal education and emphasized that the responsibility of the Bar Council of India is not limited to the professional standards alone but also extends to the regulatory character and legal education as well. With the assistance of the Legal Education Committee and Bar Council of India Trust, the Bar Council of India has taken major steps in the field of legal education such as :-
- National Law University and International Law University is being set up.
- The publication of standard textbooks in all branches of law was started.
- New integrated courses in fields of engineering and medical are introduced to cope with the pace of legal developments.
- Free legal aid clinics are started involving the students of contemporary courses.
As far as legal education, the UGC is concerned with the terms and conditions of the appointment of teachers as well as providing necessary fund support for infrastructure, and maintaining uniformity of standards of education. The role of the BCI is limited only to LL.B. and its rule making power is confined only to professional legal education, the liberal legal education is left to be managed by the UGC which is also responsible for the LL.M. curriculum and teaching. While LL.M. is the basic qualification for law teaching, LL.B. degree is required for enrolment as an Advocate.
DISPARITY IN INFRASTRUCTURE OF LEC’s
Public schooling centers have their resources allocated to them by authorities who do not directly consume their services while private education centers receive their resources in direct exchange of service rendered. The service rendered is directly proportional to the available resources. Infrastructure inequality has a significant impact on educational outcomes. Investment in school infrastructure has been found to improve students’ achievement in any subjects. The unequal distribution of educational resources contributes to educational inequality. Insufficient infrastructure has a detrimental impact on student attendance and performance. Good school infrastructure means that students have access to the best possible resources and amenities. This will, in turn, reduce stress levels and improve their academic performance and enhance overall learning outcomes.
Differences in legal education center facilities lead to differences in the cost of education and this has to be understood by the regulating bodies. There are visible disparities between regions, widening inequalities between middle class and upper class which is a growing social concern. The contribution of private sector in legal education has not only served the purpose of government in providing education and reaching to maximum ,but on other hand, it has also raised equity, quality and efficiency concerns. The equity concerns being very serious, as students from lower income families hardly access the bigger private universities or NLU’s as these institutions charge exorbitant levels tuition and other fees. Further, students from poor families face greater difficulty in accessing limited seats available in elite public institutions. Substantial proportion of the increase in economic inequality is linked with the increase in the returns to education and low level of any change in the status of family members between generations. This change can be either through achieving a higher social status than the previous generation or dropping to a lower social status than the previous generation. The barriers to access to higher education among low income students widen the income inequality, which in turn widens the inequality in access to higher education. Students from semi-urban areas have a moderate access to a variety of educational institutions and hence even they find it difficult to access education according to their choice. Private legal education centre help bridge the gap between the high demand for higher education and the limited seats available in public institutions. They provide opportunities for millions of students who would otherwise be unable to pursue legal education. Legal education centre often serve complementary roles within the broader education system.
By understanding these differences and implementing targeted policies and support mechanisms, regulatory bodies can help bridge the gap between well-resourced and under-resourced legal education centers. This ensures that all students, regardless of their socio-economic background, have access to the facilities they need for a comprehensive and enriching educational experience. Institutions in urban areas typically have better physical infrastructure, including modern buildings, well-equipped classrooms, and advanced laboratory facilities. In contrast, rural institutions often suffer from inadequate buildings, poor maintenance, and lack of basic amenities. Many smaller or less funded institutions lack even basic technological infrastructure, hindering digital learning and research capabilities. Social inequities influence the allocation of resources. Economic constraints often force prioritization of other urgent needs enhancing building infrastructure, enriching the library over other educational development. Many legal education centers are established in areas where public universities or colleges are sparse, thus contributing in improving regional access to higher education. Legal education centers with superior infrastructure are able to attract and retain talented faculty, while institutions with poor facilities struggle to recruit and maintain high-quality educators.
Compliances with regulatory requirements sometimes become time-consuming and costly, diverting resources away from teaching and research. Smaller institutions may struggle to meet these demands, leading to potential closures or mergers. Regulations can create an uneven playing field, where only well-funded institutions can meet all the regulatory demands, potentially squeezing out smaller or newer players Risk-based regulation can focus on institutions that pose the highest risk to educational quality and financial stability.
NEED OF PARADIGM SHIFT OF REGULATORY BODY
Dual control of regulating body on lawyer and legal education centers. AIBE itself is paradox to the fact that regulating body is not believing in the law schools to whom which they themselves recognize. Para legal activities and advanced legal approach would definitely enhance legal education. Paralegal activities or courses refer to the tasks and training programs that support the legal profession but do not require a law degree. Paralegals assist lawyers, attorneys, and law firms with various tasks. Legal landscape is diversifying. Legal industry is undergoing significant changes and expansions, leading to a more varied and complex environment. Some aspects contributing to this diversification are such as :-
- New emerging fields like cyber security, data privacy, artificial intelligence, and environmental law are creating new opportunities and challenges.
- International transactions, cross-border disputes, and global regulatory frameworks are becoming more common.
- Non-traditional legal providers, such as legal process outsourcing, legal tech companies, and alternative business structures, are offering innovative solutions.
- New roles, such as legal project managers, legal data analysts, and legal innovation specialists, are emerging.
- Legal technology, such as document automation, e-discovery, and virtual law firms, is transforming the way legal services are delivered.
They are shaping the legal industry, creating new opportunities, and requiring legal professionals to adapt and evolve.
The concept of global legal practice has recently emerged precisely in the context of mediation and arbitration where legal professionals and institutions operate across different jurisdictions to resolve disputes. This practice has become increasingly important with the rise of globalization, as businesses and individuals often engage in cross-border transactions, requiring mechanisms to handle potential conflicts in a way that respects multiple legal frameworks. Mediation and arbitration, in global legal practice, allows for efficient dispute resolution across borders, providing businesses and individuals with alternatives to litigation that are often more tailored to their needs. As international trade and cross-border relationships continue to grow, the importance of these practices will only increase. Effective global legal practice in these areas requires a deep understanding of international frameworks, cultural nuances, and the evolving technological landscape to deliver fair and enforceable resolutions. The Singapore Convention on Mediation which was entered into force on 12 September 2020 is the result emerging global practice. The Singapore Convention applies to international settlement agreements resulting from mediation, concluded by parties to resolve a commercial dispute. Singapore has become place of heaven for such mediation.
Training lawyers for mediation requires a structured approach that focuses on developing a specific set of skills and understanding of mediation principles which should be inculcated in legal education. Since mediation differs from adversarial legal proceedings like litigation, the training emphasizes collaboration, active listening, negotiation, and the ability to facilitate dialogue between parties. Lawyers should tend to participate in continuing mediation education to stay in consonance with the latest strategies, legislative changes, and developments in the field.
In relation to legal education, the Julius Stone theory of lawyer’s extraversion[2] aptfully implies that law schools often emphasize the external aspects of law, teaching students to focus on rules, procedures, and institutional norms. Legal education center which are tending to neglect the development of critical thinking, ethical reasoning, and moral reflection may lead to monotonous way of education. Student may be encouraged to prioritize advocacy and winning cases over understanding the underlying principles and values. The theory suggests that legal education should be reformed to incorporate more emphasis on:
a. Critical thinking and problem-solving
b. Ethical and moral reasoning
c. Interdisciplinary approaches to law
d. Reflection on the role of law in society
We can work towards a more balanced approach that prepares lawyers to think critically, ethically, and creatively, ultimately leading to a more just and equitable legal system by recognizing the extraversion theory’s influence on legal education.
CONCLUSION
Regulatory bodies should create an environment that encourages innovation, allowing for pilot programs and experimental models that can be scaled up if successful. Providing incentives for high performance and excellence can motivate institutions to go beyond mere compliance. Regulatory frameworks should be proportional to the size and scope of institutions, allowing flexibility for smaller or specialized colleges.
Ensuring equity among legal education centre regulatory bodies should develop funding models that consider the varying costs associated with different school facilities. This can help ensure that all schools, regardless of their existing facilities, receive adequate financial support. Most of the colleges under the purview of University Grants Commission (UGC) do not receive any assistance under section 12 (b) despite fulfilling the required norm. Providing targeted subsidies or grants to under-resourced schools can help bridge the gap and ensure that all students have` access to quality education.The field of law is an ocean in itself. Anyone who dives in deep, gets the maximum pearls. Lawyers are more knowledgeable than they appear to you or you think them to be. They become famous because they have buried their ego and now they are settling their own trends in. To become one in the league it takes lot of time. Granting more academic autonomy to private legal education centre can lead to more innovative curriculum. However, it must be balanced with accountability measures to ensure educational standards are upheld.
[1] 1973 AIR 231
[2] Stone, Julius: Province And Function of Law : Maitland Publication,1950