Dr. Tabrez Ahmad Presentation on Legal Education Challenges & Reforms in 21st Century

22
Legal Education Challenges & Reforms in 21 st  Century All India Seminar on Global Legal Education by Confederation of Indian Bar In Ass ociation ith !II" #rof$% r$' "abre( Ahmad irector) College of Legal Studies *ni+ersity of #etroleum & Energy Studies, ehradun -ersion 2

Transcript of Dr. Tabrez Ahmad Presentation on Legal Education Challenges & Reforms in 21st Century

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Legal Education Challenges & Reforms in 21st 

CenturyAll India Seminar on Global Legal Education by Confederation

of Indian Bar In Association ith !II"

#rof$%r$' "abre( Ahmadirector) College of Legal Studies

*ni+ersity of #etroleum & Energy Studies, ehradun

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Contents

A$ Status of Legal Education in India

B$ Challenges

C$ .urther */)gradation & Reforms

$ Suggestions

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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A)Status of Legal Education in India

1$ Around 0 Lah students oin Legal education e+ery year

2$ Around 34 thousand students are as/iring to go for good 5uality legal education a

0$ Around 64)63 "housand students /asses e+ery year ith a la degree

7$ Around 04)03 "housand students oins the Bar

3$ Currently there are 13 Lah registered ad+ocates in different Bars in India

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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A)Status of Legal Education in India cont8

9$ ue to :e e;/eriment of :ational La *ni+ersity <odel started in the form of :ational

School of India *ni+ersity Bangalore in 1=>6$ ?e are able to attract the talented and /otent

students for legal education

6$ ?e ha+e currently 1> :ational La *ni+ersities) :o$ of seats) around 2344

>$ ?e ha+e good 5uality Central@State *ni+ersity La e/t) seats around 1234

=$ ?e ha+e good 5uality #ri+ate *ni+ersity La Schools) seats around 1344

14$ "otal a+ailability as /er the demand is only 13

11$ Remaining >3 la graduates /assing out from /rofessionally non)com/etent la schools

12$ <ostly they % around 03,444' target the loer courts and loer udiciary annually

10$ <aor focus and reforms are re5uired in these lo grade las schools

17$ .urther u/ gradation and e;cellence re5uired in "o/ La schools on a Global Benchmar

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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A)Status of Legal Education in India)Cont$$a$ Interdisci/linary courses

• ?e are able to do interdisci/linary linages and /ro+ide full fledged ands/eciali(ed degree courses@/rograms on

• La & Social Science

• La & Commerce

• La & Business <anagement

• La & Science• La & "echnology

But no la school in India able to launch full fledged degree /rograms on

:atural Resources & La

<edical Science & La etc$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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b$ Ga/s beteen la in boos and la in action

• ?e are also able to go on minimi(ing the ga/s beteen la in boos and laaction lie

• #romoting the a//lication of Clinical legal education

• Student internshi/s during the course

• .aculty internshi/s during the course

• Re5uired in/uts from the /racticing layers, udges and laofficers@managers holding the leadershi/ /ositions in the Cor/orate orl

• But the /ractice is folloed mostly in :ational La *ni+ersities and good

/ri+ate la schools hile in the go+t$ la schools and small /ri+ate la

schools it is +ery rare$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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c$ Curriculum as /er the /rofessional needs

• "o 13 La graduate /roducing schools are able to go on u/dating thecurriculum and syllabus as /er the changing time$

• But the /ractice is +ery rare in the >3 La graduate /roducing schools

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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d$ "eaching of sills and outcome based /rocess$

• It is +ery rare and de/ends on the institution and a /articular faculty

• La being a challenging /rofessional course the entire focus should be on oucome based teaching)learning /rocess and sill de+elo/ment$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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B)Challenges

1$ Lac of full fledged refined and u/dated common curriculum at national le+el as /er thof the hour$

2$ "hough the CC of BCI and *GC /ro+ided the syllabus of some courses but that is neith

/erfect nor u/dated e+en a single time since it as circulated by *GC 1==6 and by the BC2414$

0$ Lac of /rofessionally com/etent faculty

7$ Lac of re5uired library resources

3$ Lac of /ro/er utili(ation of technology in the teaching learning /rocess

9$ ifficult to retain good faculty due to big ga/s beteen the salary of la teachers and

cor/orate la /rofessionals

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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B)Challenges cont$$

6$ Attitude of the most of the la schools and la teachers that ust to /ro+ide

degree than to create a /rofessionally com/etent and silled la /rofessional

>$ Attitude of the la students that ust to get a degree than to transform

themsel+es into an e;cellent la /rofessional

=$ Lac of +ision of /rofessional bodies and their control on mushrooming of no

com/etent la schools

14$ :on Com/liance of the most of the la schools of the BCI standards of Leg

education im/lemented in 2414

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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C).urther u/)gradation and reforms

• <aor focus and reforms are re5uired in the lo standard las schools/roducing >3 la graduates to mae it at /ar ith the national re5uiremen

• .urther */)gradation and e;cellence re5uired in the "o/ 13 la graduate/roducing *ni+ersities to mae them com/arable to the best in the orld onGlobal Benchmar

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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C).urther u/ gradation and reforms)cont$$

1' setting goals,

2' organi(ing the /rogram of instruction,

0' deli+ering instruction, generally,

7' conducting e;/eriential courses,

3' em/loying non)e;/eriential methods of instruction,9' assessing student learning, and

6' e+aluating the success of the /rogram of instruction$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Do to go ahead and ?hat to be done$)Setting Goals

1$ La schools should demonstrate a commitment to /re/aring their students fo

e;aminations and for la /ractice$

2$ "hey should engage in a continuing dialogue ith academics, /ractitioners,

licensing authorities, and the general /ublic about ho best to accom/lish th

0$ La schools should clearly articulate their educational goals and share them

their students$

7$ La schools should shift from content)focused /rograms of instruction to out

focused /rograms of instruction that are concerned ith hat students ill b

to do and ho they ill do it, as ell as hat they ill no on their first da

/ractice$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Do to go ahead and ?hat to be done$)Setting Goals) Cont8

3$ "he /rimary goal of legal education should be to de+elo/ com/etence, that is,

ability to resol+e legal /roblems effecti+ely and res/onsibly$

9$ La schools should hel/ students ac5uire

a$ the attributes of effecti+e, res/onsible layers

b$ including self reflection and lifelong learning sills,

c$ intellectual and analytical sills,

d$ core noledge and understanding of la,

e$ /rofessional sills, and

f$ /rofessionalism$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Organizing the Program of Instruction

1$ La schools should organi(e their curriculums to de+elo/

noledge, sills, and +alues /rogressi+ely

2$ integrate the teaching of theory, doctrine, and /ractice and

teach /rofessionalism /er+asi+ely throughout all three@fi+e years

la school$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Delivering Instruction

1$ La schools should use teaching methods that most effecti+ely and efficiently

desired educational obecti+es, em/loy conte;t)based instruction throughout the

instruction, and em/loy best /ractices hen using any instructional methodology$

2$ La schools should create and maintain healthy teaching and learning en+ironm

0$ La schools should enhance the 5uality of their /rograms of instruction ith te

and by maing a//ro/riate use of /racticing layers and udges$7$ La schools should ha+e effecti+e teacher de+elo/ment /rograms and establish

centers

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Assessing Student Learning

La schools should use best /ractices for assessing student learning, including

criteria)referenced

• assessments, multi/le formati+e and summati+e assessments, and +ariousmethods of assessment$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Evaluating the Success of the Program of Instruction

1$ La schools should regularly e+aluate their effecti+eness and use best /ractice

conducting such e+aluations$

2$ <any of the recommendations do not ha+e cost or time im/lications, and other

beyond the initial effort in+ol+ed in maing the transition from current /ractices$

re5uire hard or and, /erha/s, additional or reallocated resources to im/lemen

the recommendations$0$ ?e ha+e no doubt, hoe+er, that the maor im/ediment to reforming legal edu

lac of +ision and commitment, not a lac of resources$

7$ Do/efully, this seminar /ro+ides some of the needed +ision and ill ins/ire mo

become committed to im/lementing /ositi+e changes in legal education$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Suggestions

1$ E+ery dis/uted should be looed as a /ublic interest dimension

2$ 93 Sills hich are fundamental to the success of a la /rofession are the outsi

of the realm of La$ therefore the students should also be engaged in the other

interlining areas$

0$ ue to the groing im/ortance of the mediation around 33 cases are settled

through mediation /rocess$7$ .or the demand of Social ustice e should no more only rely on ad+ersarial sys

3$ :o system can sur+i+e ithout a research & de+elo/ment$ "herefore in)de/th

research is re5uired to see the dimension of socio)economic conte;t$

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Suggestions cont8

9$ "o fill the ga/ of sill set re5uired for a layer there should be one year di/loma

/rogram hich e+ery one as/iring to become a layer should /ass

6$ Continuing legal education should be gi+en utmost im/ortance to u/grade the

standards of La teachers, layers and udges

>$ A com/rehensi+e re)loo of the entire legal education is re5uired due to

globali(ation by a high /oer committee

=$ E+ery state should ha+e an academy of layers and em/hasis should be gi+en on

im/ro+ing communication and research ability of the layers

14$ A :ational le+el la teacher academy is re5uired to be established to train and

u/grade the teaching standards of la teachers$ S/ecial em/hasis should be gi+en

im/ro+e the sill of research, teaching and ethics$r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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Suggestions cont8

11$ A di/loma for the la teachers should be started to fill the ga/ of re5uired

sills as a la teacher

12$ ?e re5uire a legal education Act /assed by #arliament

10$ ?e should establish a orld class legal education and legal /rofession to

sustain the challenges /osed by the Globali(ation and con+ert the threat into ao//ortunity

r$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun

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  Thank You for yourAttention

For any further query feefree to reach

[email protected]$ "abre( Ahmad, irector, College of Legal Studies, *ni+ersity of #etrolium & Energy Studies, ehradun