A new training programme for advocates practising at the district level has been started by the government. Find out what it contains and how it is going to be beneficial for the lawyers

The Rajiv Gandhi Advocates’ Training Programme has been launched by the Ministry of Law and Justice, government of India, to encourage and motivate young, talented and meritorious law graduates at the grassroots level to acquire skills required to be successful in legal profession. Under this programme, every year ten advocates practising at the district/taluk level will be selected and trained for two months in two phases. They will be provided professional training for one month at the National Law University (NLU) Delhi, after which they will be placed for a month with a senior advocate in order to learn practical skills. After the culmination of their training, these lawyers will be required to lend their services to legal aid programmes. In this way, the training creates a consistent pool of professionally trained lawyers which can cater to the unmet legal needs of society

The programme was inaugurated on 27 June at the NLU, in the presence of the Chief Justice of Delhi High Court, Hon’ble Justice Deepak Mishra, previous Law Minister, VirappaMoily, the Chief Minister of Delhi Sheela Dixit, Prof. (Dr.) Ranbir Singh, and the Vice Chancellor of the NLU, and host of other dignitaries.

The NLU has compiled a very handy study material which was distributed amongst the trainees who attended the training programme. The study material makes a very interesting and a highly informative reading for a practitioner besides being a great source of information and knowledge for the budding law students and for all those who want to understand some of the basics of law.

The material covers amongst others topics such as Justice Delivery System, Legal Method and Analysis, Basic Legal Research, Legal Writing, Salient Features of the Constitution, Law of Civil Procedure, Consumer Rights, Business Laws, Laws of Property, Land Rights, Land Acquisition, Alternative Dispute Resolution Mechanism, etc.

The chapter on Justice Delivery system discusses in detail about the different courts , appointment and qualification ofjudges, jurisdictions of the different courts and tribunals under Article 323-A and 323-B of the constitution of India. Chapters Legal Method and Analysis talk about the different legal systems and explain in detail the ‘IRAC’ method i.e. ‘Issue Rule Application Conclusion’ method. The chapter Basic Legal Research tries to pin point the researching skills of the trainees and has not only information about how to research but also has many useful website addresses, information about material sources of law, various rules of interpretation, Stare Decisis, Ratio Decidendi, Obiter Dictum, Distinguishing Cases and so on. The chapters under Constitutional Law cover areas like Salient features of the Constitution of India, Constitutional Values, Fundamental Rights, Fundamental Duties, Directive Principles of State Policy. The chapter on Constitutional Remedies explains about remedies like Habeas Corpus, Mandamus, Quo Warranto, Prohibition, Certiorari, difference between Article 32 and 226, Art.227,SLP, PIL and so on.

The chapter on the Law of Civil Procedure is a comprehensive analysis of the Civil Procedure Code,1909, which covers the civil courts in India, jurisdiction of courts, the place where you file the suit, the Limitation Act,1963, the Court Fee Act,1870, Institution of suits, the written statement, how to prove your case: Inspection, discovery, documents and witnesses, the hearing of the case, the judgement and decree, execution-modes of execution, appeals, references, review and revision. The chapter on Consumer Rights defines a consumer, salient features of the consumer protection Act, 1986 redressal mechanism under the CPA and a brief information about other legislations for consumer protection in India and also deals with the issue of consumer education. The chapter on Business Laws highlights the conceptual difference between a company and a partnership and goes further into defining what is a company, the principal legislation governing Companies in India, what are the defining characteristics of a company. Similarly it also talks about the definition of a partnership, the principal legislation governing the partnerships in India. This chapter also talks about different types of companies, process of incorporation of a private company in a step by step manner and includes a discussion on Small Scale Industries (SSIs) and an overview of applicable governmental policies. The chapter on Laws of Property highlights the difference between ‘immovable’ and ‘movable’ property, meaning of transfer of property, legislations governing both kind of properties. The first part talks about the types of property and what immovable property consists of and gives instances where interest in an immovable property can not be transferred and the essential ingredients of a valid agreement to transfer property. The second part deals with sale of immovable property, rights and liabilities of buyers and sellers, mortgage, rights and liabilities of mortgagor and mortgagee, lease, rent control legislations, and license.

The chapter on Land Rights deals with land rights, nature of land, land and the Constitution, land reforms, present situation of land rights, land records, land and the law, tribal land rights, land administration. The Chapter on Land Acquisition deals with concepts like power of ‘eminent domain’, eminent domain in the Indian Constitution, it also presents an overview of the Land Acquisition Act,1894, public purpose, the process of land acquisition, special powers in urgent cases, acquisition for private companies and also presents the critique of the LA Act. It further discusses the proposed Land Acquisition Bill. The Chapter on Alternative Dispute Resolution Mechanism traces the historical development, forms, conciliation, conciliator’s job, mediation, negotiation, lokadalat, significance of lokadalat. In the chapter Mediation-Its Importance and Relevance a comparison between mediation and litigation is made, further there is a differentiation among mediation, conciliation and lokadalat, it also highlights the benefits of mediation in the light of the disadvantages of the adjudicatory process and its advantages. It also tries to balance the whole discussion by highlighting disadvantages of mediation and calls for spreading awareness regarding mediation. The chapter on Client Interviewing focuses on the benefits of a good client interview and talks about the skills that are required which includes- skill of factual investigation, skills of interviewing, counseling skills and skills for resolving ethical dilemmas. This chapter offers a very interesting reading especially for the young practitioners.

Under the topic Criminal Law and Procedure in the chapter Laws Relating to Criminal Justice Administration, there is discussion about the concept of crime under substantive and procedural laws, analysis of crimes as defined in the Indian Penal Code,1860, criminal procedure and its salient features which includes discussion on the stages of investigation, the power to search, seize and arrest, anticipatory bail and bailafter arrest, release on remand and limitation on pre-trial detention, the stage of trial, right against double jeopardy, right to legal aid, the stages of sentencing, right to pre sentence hearing, pardon, commutation and remission of sentences, the post sentence or prisonization stage. The chapter also deals in detail with the various provisions of the Indian Evidence Act, 1872. The chapter Reporting of Crimes deals with the police and investigation of cognizable offences and non cognizable offences, territorial limits of the police to investigate cognizable offences, relationship between the police and the judiciary, First Information Report (FIR)- its ambit and scope, nature and its content, the salient features of the FIR, how to lodge FIR, persons who can lodge FIR and the evidentiary value/ importance of FIR . In the Chapter Arrest, Detention, search and seizure the author has dealt with the circumstances under which a person can be arrested, how arrest is made, after arrest procedure, rights of the arrested person and it also notes the guidelines to the police issued by the Supreme Court, consequences of non compliance with the provisions relating to arrest, detention of the person arrested, search and seizure- at the scene of crime, at different place u/s 165 & 166 read with s.100 CrPC, procedure to be followed during search and seizure u/s 100 of CrPC and ends with a discussion on how to dispose the seized property. In theChapter Bail and Remand Processes there is a detailed discussion on bail, bail in a bailable offence, bail in nonbailable offences, circumstances to be kept in view by a magistrate while granting or refusing bail, ground for cancellation of bail, anticipatory bail, remand process, difference between remand u/s 167 and remand u/s 309, duration of detention u/s 167 of CrPC. The Chapter Sentence Justice deals with different theories of punishment, international norms relating to sentencing, sentencing jurisprudence and statutory provisions relating to exercise of discretion in sentencing in India. The Chapter on the Principles of Evidence deals with admissible evidence, facts in issue, relevant facts, presumptions under law, types of evidences, dying declaration, confessions, role of technology in criminal law and human rights concerns.

The chapter on Domestic Violence discusses about how the Protection of Women from Domestic Violence Act, 2005 defines domestic relationship, against whom can a complaint be filed, under what circumstances can a complaint be filed, definition of ‘violence’, the relief available, procedure and limitation of the law. The chapter on Violence Against Women: Rape and Dowry Deaths deals with the issues related with crimes against women and the problem areas in laws. The other notable highlight of the material is its thorough discussion of the Intellectual Property Laws, which begins with an overview of the Indian IP regime than an in depth analysis of IP Law topics like copyright- its protection nature and scope, rights comprised in copyright, terms of copyright, acts not to be infringement of copyright, the India Patent system- evolution, criteria of patentability, what are not inventions, the patent application, pre grant opposition, right of priority and term of patent.

In the final analysis one can only say that the study material is a veritable gold mine for any one who is in search of the golden knowledge and is an outcome of lots of painstaking hard work put in by the VC of the NLU, Prof. (Dr.) Ranbir Singh and his team