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“If globalisation is to realise its potential as a force for good, we have to look more closely at the means by which we handle our growing interdependence. We do not have a world government, but we do have an increasingly complex network of institutions that are concerned with global governance…” — Gro Harlem Brundtland Richa Kachhwaha
The last two decades have witnessed the emergence of new horizons in the fields of trade and commerce; science and technology; and law. Globalisation has altered the dynamics of business, polity and society worldwide. With the increasing importance of knowledge driven economies in the new worldorder, facing and surviving the challenges posed by globalisation becomes critical. One of the major effects of the globalisation has been an increasing demand for cross-border legal services which factor in a wide-array of national as well as international legal systems. The international legal practice of law firms and the legal departments of corporates or MNCs is now a significant field of work for lawyers with a potential for further growth. Indian legal landscape has also undergone a dramatic change with transnational legal issues becoming all-pervasive. Today’s lawyers represent clients both domestically and internationally in a variety of trans-border transactions.
Perhaps the defense for traditional curriculum in legal education is best articulated by the Dean of Vanderbilt University Law School of USA: “Often people defend the traditional curriculum by saying that we are teaching them to think like a lawyer. . . I say we are teaching them to think like an 1870s lawyer.” The increasing internationalisation of law and legal culture is undoubtedly changing the conditions under which today’s lawyers operate. We can, therefore, no longer ignore the fact that legal education has to also become international.
“While the sciences have received adequate prominence in India, legal education is still evolving. Given the dynamic nature of the field, law students in India ought to have an exposure to an organised variety of legal courses and adequate legal training before entering the field as professionals.”
“Plethora of activities on the social, economic and cultural front in India have created pressing demands on the Indian legal system to gear up with the evolving needs. An economically developed or for that matter a developing country requires an effective and efficient legal system which could address such evolving needs. Role of every stakeholder - graduates, teachers, lawyers, practicing advocates, judges, corporate counsels, lawmakers, bar councils – has assumed importance in a globalised environment. Entry of foreign law firms, growing presence of trans-national corporations, vanishing economic boundaries, multijurisdictional issues – are challenges that draw up a complex environment and conflicting interests at play in a globalised environment.”
In India, historically speaking, the legal education curriculum has been conventional. Emphasis was placed on traditional subjects like Jurisprudence, Family Law, Contracts, Company Law, Torts, Constitutional Law and International Law. Moreover, education was and continues to be primarily imparted through lecture methodology, with an emphasis on presentation and analysis of the structure of rule and doctrine. Anita Abraham Eapen, Parliamentary Counsel with the House of Commons, Canada, points out the current scenario of the Indian legal education curriculum, “While the sciences have received adequate prominence in India, legal education is still evolving. Given the dynamic nature of the field, law students in India ought to have an exposure to an organised variety of legal courses and adequate legal training before entering the field as professionals.”
Earlier, the legal education in India was regulated by various agencies, including University Grants Commission (UGC), Bar Council of India (BCI), Central Government and the respective Universities. This system continued for more than two decades with the overall legal education supervision by the BCI. However, there were calls for reforms from all quarters owing to the falling standards of the Bar and hence, there were mounting pressures on the BCI to usher in change in the manner and methodology in which legal education was being imparted in India.
Sarita Mohanty, Senior Contracts & Negotiation Engagement Advisor, IBM USA (Atlanta) opines, “Economics and legal market have and will continue to affect the teaching of law. Research grants, law school fundings, specialisations and focus which law firms adopt, and most importantly jobs available to law graduates continue to play a dynamic role in shaping legal education”.
The first concrete decision towards revamping the legal education was taken when various proposals to modernise legal education were considered and approved by the ‘Legal Education Committee’ of the BCI in a bid to improve legal education across the country. One of the major proposals was the decision to establish specialised institutions for imparting legal education in an integrated and diversified manner; the aim being to evitalise the legal profession by making it competitive and professional.
The BCI brought in what are popularly referred to as the ‘firstgeneration reforms’, by firstly, introducing an integrated five year LL. B. course in 1982; and secondly setting-up of a ‘Model Law School’ in the private sector or joint sector, which led to the establishment of the National Law School of India University (NLSIU) in Bangalore in the year 1986. The number of such National Law Schools has since multiplied with the setting up of the following public law schools:
Mohanty is quick to point out “The establishment of NLSIU in 1986 paved the way towards positive reforms in legal academics in India. Many more such schools followed the NLSIU model thus helping build a foundation for a holistic legal education. Five years integrated course and an entrance examination system largely ensures admission of students acutely interested in the legal field.”
Various private law schools have also mushroomed which are promoting themselves as global in their names as well as in their courses and faculty. Today, such law schools have aligned their vision to that of the international legal scenario through enriched curriculum, recruitment of foreign faculty and students, overseas semester programs, students and teachers exchange programs with foreign law schools, introduction of graduate programs for foreign-trained lawyers, inviting faculty and speakers from foreign legal cultures etc.
Some of the notable private law schools are:
It cannot be denied that as the Indian economy and the legal market are adapting to globalisation, so is the legal education in the country. Malhotra makes a pertinent observation “Legal Education has made several leaps in catering to the evolving needs. Introduction of five year curriculum, sophisticated law schools, upgrading infrastructure – such as world class libraries, use of online research materials, availability of foreign journals etc., common entrance examination, post qualification examinations to practice law – such leaps are some critical aspects and steps in right direction, however, lots need to be covered.”
“Economics and legal market have and will continue to affect the teaching of law. Research grants, law school fundings, specialisations and focus which law firms adopt, and most importantly jobs available to law graduates continue to play a dynamic role in shaping legal education”
An organised attempt was made by the BCI with the assistance of the National Law School to revamp the curriculum in the year 1996 by increasing the number of required subjects to be taught and introducing an imaginative component of practical training to be completed during the final year at the law school. Moreover, although aborted by a Supreme Court judgment, a year-long apprenticeship under a senior advocate as a pre- requisite for enrolment as an advocate was also introduced in the same year.
More recently, the National Knowledge Commission (the Commission) was established in the year 2005 to recommend and implement reforms in order to make India knowledge based economy. The Commission recognized “legal education” as a vital constituent of professional education. The Working Group on Legal Education, inter alia, identified the challenges relating to curriculum and recommended changes and reforms relating to curriculum. The report recommended the development of contemporary curriculum, which is integrated with other disciplines and also ensures regular feedback from stakeholders. It also suggests that curriculum development should include expanding the domain of optional courses, providing deeper understanding of professional ethics, modernising clinic courses, mainstreaming legal aid programs and developing innovative pedagogic methods. “The Working Group on Legal Education established under the Commission has made a significant contribution by identifying the challenges and recommending the development of a contemporary and multi-disciplinary curriculum” says Mohanty.
At a fundamental level, encouraging moot court participation as an obligatory part of the curriculum will go a long way in enhancing public speaking skills. Further, the licensing process in India could be better regulated. For instance, after passing out from a law college, aspiring lawyers should appear for competitive Bar admission exams, as is the case in other countries. In this connection, a primer course could be offered by the BCI on the practical aspects of the profession, which would essentially help one through the transition phase, that from “law student to lawyer”.
There is thus a strong case for re-structuring of legal education which brings together all the stakeholders into a single network and more importantly takes account of the interaction of law and commerce. Having said that, it cannot be denied that now-a-days law colleges and institutes across board have introduced contemporary and internationally relevant subjects like Intellectual Property Rights, Cyber Laws, Investment and Competition Law, Law and Technology, International Commercial or Economic Law etc. As Abraham says, “The interplay between law and science, law and commerce, law and entertainment, law and politics, law and international trade, throws open a wide array of subjects which can be offered to students. Law colleges in India these days are up to speed on the dynamic nature of law. Earlier students attended law courses which gave a sound foundation in the more traditional legal subjects like contract, family, labour, constitution and administrative law. Although sound knowledge of legal principles remain a strong point in any lawyer’s journey, but time and tide has challenged the pre-fixed notions of what we know versus what we ought to know in order to remain a competent professional in the legal field.” Mohanty also concurs, “Currently, students of premier law schools, have the choice to choose from various elective courses (whose significance transcends regional and national bondaries) including International Aspects of Corporate Tax, Antidumping Laws, Laws for the Displaced Feminist Jurisprudence, etc thus helping them focus on their specific area of interest. Introduction of new courses like legal writing further helps to strengthen the backbone of legal education amongst students thus preparing them for the international legal market.”
THE WAY FORWARD
Some pertinent questions which arise include, ascertaining the best strategy to strengthen legal education in India; and the most feasible model for introducing internationally relevant subjects within the legal curriculum and imparting of practical training. In order to address these issues, we have to identify and be aware of the challenges posed by globalisation as well as the consequent changes taking place in the contemporary times. In this context, Mohanty elaborates, “While law is still regional in various areas; there is a continued transition to a transnational legal environment. With LPOs, law firms and corporations branching out globally, in ever increasing numbers and a globally charged socio-political environment, it is crucial that law schools adopt a global approach in their courses, perspective as well as their students and faculty. Other than introducing courses with global and market focus, it is essential for law schools to tie up with other academic centers (and vice versa) like management schools, medical schools, institutions specialising in social sciences etc., to allow students to focus on their specific area of interest and to give them the right platform thus enabling them to be competent as per market requirements.” Similar sentiments are expressed by Malhotra, “Today, we have the opportunity to attract educators and aspirants from world over to see Indian legal institutions as institutions of the future. Collaborations with foreign law schools, inviting guest faculties from reputed institutions, attracting investments are a few aspects that would add to the quality of legal education in India to cater to the needs of globalisation.”
The need of the hour, therefore, is to understand the impact of globalisation in the field of academics, particularly legal education and chalk out the future course of action.
Richa Kachhwaha is a Guest Editor with Lex Witness. Ms. Kachhwaha holds an LLM in Commercial Laws from LSE and has over eight years of experience in banking and company laws. Currently, Richa is involved in legal writing and editing with over four years of experience. She is also a qualified Solicitor in England and Wales.
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