VELLORE INSTITUTE OF TECHNOLOGY, CHENNAI.

ACADEMIC YEAR 2024- 25

DEPARTMENT : SCHOOL OF LAW (VITSOL)

RESEARCH ARTICLE

NAME: SP SNEHA

REGISTRATION NUMBER: 20BLA1023

SUBJECT: DISCRETIONARY JUSTICE AND RULE OF LAW E

SUBMITTED TO: PROF. NAVYA BENNY

 REFORMING LEGAL EDUCATION IN INDIA : GLOBALISATION AND
ACCESS TO JUSTICE

INTRODUCTION

A foundation for good legal professionals, legal education equips them with awareness
and skills to do justice. Still, the same legal education in India is facing a host of
obstructions that determine the working of a legal system by checking its effectiveness, at
least in the time of globalization. The integrative prospect of economic, legal system, and
international standards offers opportunities in front of the legal education system in India,
forcing it to move towards institutional excellence. Different scholars and policy-makers
involved with law have echoed the need for reforms in this particular arena, notably
Justice J.S. Verma, who said: "Legal education must evolve with society. It cannot be
static in a dynamic world."1

This article takes into account the interface between legal education, globalization, and
institutional excellence in India, focusing on how this interface produces challenges to the
rule of law as well as access to justice. Based on an assessment of scholarly sources,
institution reports, and expert opinions, issues related to curriculum relevance,
accessibility, infrastructural limitations, and regulatory challenges are going to be found
and talked about. Understanding these complexities could help reinforce the legal system
and ensure that a fast-globalizing world is able to give justice to everyone.

EVOLUTION OF LEGAL EDUCATION IN INDIA

Legal education in India has seen a sea change since independence-from a colonial and
procedural orientation towards a more total and liberal one. Once again, evolution is
inconsistent and not always at the par with world standards and practices. The traditional
model was high on theory and did little to bridge the gaps that existed between academic
learning and practical legal skills. The biggest challenge for Indian legal education is its
disconnection with real-world applications and the international legal landscape 2.

1
J.S. Verma, Law and Justice in the 21st Century (New Delhi: Universal Law Publishing, 2005), 45.
2
B.N. Kripal, Globalization of Legal Education in India, International Journal of Law (2008): 23-25.
Thus, the need for alignment has hastened with globalization, as a global economy
requires Indian lawyers equipped with expertise in international arbitration, intellectual
property law, and human rights, among others. As indicated in a BCI report, "India's legal
education must be responsive to international standards if it is to maintain
competitiveness in the global legal arenaf3." However, as this article shall illustrate, there
are a host of systemic inadequacies that make achieving institutional excellence in legal
education quite challenging.

GLOBALISATION’S IMPACT ON LEGAL EDUCATION

Globalization has brought about a myriad of challenges and opportunities for the Indian
legal education system. It has spawned competition, created an expectation upon Indian
legal curricula, and brought international standards into legal practice among students.
Globalization also underscores the deficiencies existing within Indian legal education that
have to be modernized in curricula with respect to global legal trends and technologies.

CURRICULAM RELEVANCE

The present curriculum in most of the Indian law colleges is mostly outdated and gives
little scope for practical training and novel input on modern legal issues like
environmental law, cyber law, and international trade law. The Centre for Social Justice
study reveals that "The curriculum in India lacks practical applicability, which is an
essential element in today's globalized world 4." The absence of experiential learning
assets such as internship, moot courts, and clinical legal education aggravates the
problem.

Internationalization of legal profession necessarily requires expertise in comparative legal

systems as well as international law. Unfortunately, most law schools in India have not
been able to incorporate these subjects very effectively into their curriculum. According
to Prof. Ranbir Singh, Founding Vice-Chancellor, National Law University, Delhi, "For
Indian legal education to attain global relevance, it needs transnational legal studies and
its standards need to align with international frameworks." It means that the technique

3
Bar Council of India, Report on Legal Education Reform in India (2019): 15.
4
Centre for Social Justice, Report on Legal Education in India (2020): 12-14.
behind such reforms will equip Indian lawyers to handle cases in a world that is
increasingly inter-dependent and interconnected5.

CHALLENGES OF INSTITUTIONAL REFORMS

Indian law schools must achieve institutional excellence. Yet its achievement remains
bedeviled with considerable difficulties. Important among them are matters such as the
inadequacy of infrastructure, shortages of faculty, and entry barriers to regulation. These
and other issues stand between the quality education rendered by law schools and the
ability of law students to complete their professional training adequately.

1. INFRASTRUCTURE AND FACULTY QUALITY

Indian legal education suffers from inadequate infrastructure and qualified faculty. So,
most of the law schools, particularly in the rural areas, are functionally operating at a
minimum level, restricted by limited access to libraries, research databases, and modern
tools for teaching. These restrictions limit the opportunities of the students for research
and leaves them relatively unacquainted with the larger legal framework. The BCI has
also commented upon the constraints in which it stated that "the quality of legal education
in India suffers from infrastructural deficiencies that impede learning and skill
development."

Besides faculty quality, another major area of concern is the lack of enough experienced
faculty and little access to professional development programmes, which would
subsequently affect the teaching standards at the law schools. Many law schools cannot
attract and retain good professors with such meager remuneration and hardly any research
support. "For better legal education in India, faculty training and development along with
building research capabilities are required6." Institutional excellence within Indian law
schools may not be achieved without surmounting these challenges.

2. REGULATORY CHALLENGES

5
M.N. Venkatachaliah, Perspectives on Indian Legal Education, Indian Law Journal (2017): 34.
6
National Knowledge Commission, Report to the Nation 2006-2009 45 (2009).
 It is charged with the task of supervising legal education, although the policy of the
BCI is often found wanting for being inflexible and obsolete. The BCI regulatory
mechanism to put an emphasis on standardized curriculums stifles innovation and
improvement within law colleges. This is in that sense of argument, as it has been said
that in this context, this type of approach prevents institutions from trying new
teaching methodologies or introducing specialized courses as in international
standards. ' Legal education in India is bogged down by too many rules and
regulations, said Justice M.N. Venkatachaliah at one time.

The All India Bar Examination (AIBE), a qualifying exam for legal practice, has also
been criticized for its lack of effectiveness. While it is intended to uphold professional
standards, experts argue that it fails to accurately assess practical legal skills.
Reforming regulatory bodies and creating an accreditation system that encourages
flexibility and innovation in law schools is essential to achieving institutional
excellence in India’s legal education system

RULE OF LAW AND ACCESS TO JUSTICE

This quality of legal education reflects directly into the rule of law and access to justice in
India. The legal system has placed entire reliance on professional qualifications that
enable professionals to invoke the principles of justice and fairness; yet its weakness in
legal education mars its capability to handle the complexities of cases with challenging
facts. It degrades public trust in the legal system.

 IMPACT ON RULE OF LAW

Legal education can play an important role in fostering the rule of law since it embodies
the very values of justice, fairness, and equality among future legal professionals.
Lawyers and judges lack strength in their capacity because of the lack of proper training
and exposure to ethical standards. A good legal system cannot do other than require that
lawyers and judges be trained so as to cope with difficult cases7.

7
Legal Education and the Pursuit of Justice, 7 Socio-Legal Rev. 8, 12 (2015).
 It is because of this gap between legal education and real applications that the judiciary at
times becomes much less prepared to cope with compelling matters like human rights
violations, corporate fraud, and environmental disputes. Legal education can only be
strengthened; otherwise, rule of law in India will continue to face strain since a poorly
trained legal workforce cannot deliver justice effectively.

 ACCESS TO JUSTICE

While access to justice is a basic right, millions more continue to serve as instant
interpreters for Indian words. Barriers to access are further heightened by the
overburdened and under-staffed legal system and the minimal training of legal
practitioners. Poorly prepared lawyers will do little more than go through the motions
when representing these marginalized communities who cannot afford formal legal
services. The BCI underlines the difference and comments: "Equal access to justice
remains a distant goal unless legal education produces professionals who are committed
to serving the underserved8."

To address this issue, legal aid clinics and public interest law initiatives have gradually
become a part of the curricula of some law schools. However, these efforts are again very
few and limited to only a handful of institutions. When such initiatives are scaled up
across more law schools, major improvement in accessing justice would be witnessed
especially in the rural areas that are as of now lightly serviced by the legal profession.

RECOMMENDATIONS

In transforming legal education, as well as legal standards and the rule of law, a whole series
of reforms will have to take place. The primary recommendations include:

The institutions charged with the responsibility of regulatory bodies, such as law schools,
have to constitute newer curricula by changing instruction matter in compliance with global
legal standards and the pragmatic training of students to face the complexity of contemporary
legal issues.Training of faculties, providing research opportunities, and offering
remunerations competitive in the industry are an essential step to improve the teaching
standards across law schools.
8
Bar Council of India, Annual Report on Access to Justice (2021): 9-11.
There is a need for infrastructure investments within the sphere of law schools, particularly
for rural areas, to provide quality education. Using digital resources, legal databases, and
upgrading the facilities with modern ones will make learning stimulating and resourceful for
students. The BCI needs to provide a more flexible regulatory framework, which will enable
law schools to innovate in their curricula and pedagogy. Encouraging specializations and
diverse courses will better prepare the students for the challenges of global practice. A
service and social responsibility culture would therefore be promoted by legal aid and public
interest law clinics in law schools, which would improve access to justice by the
underprivileged.

CONCLUSION

Legal education in India stands at a critical juncture. As the country grapples with the effects
of globalization and the demands for institutional excellence, it must address significant
challenges to ensure the rule of law and access to justice. A reformed legal education system
that aligns with global standards, invests in infrastructure, and embraces innovation will
contribute to a more robust legal profession. As Dr. Rajendra Prasad aptly said, “Justice
cannot be for one side alone, but must be for both.” Ensuring quality legal education is a
crucial step toward achieving this vision, empowering future generations of legal
professionals to uphold justice in an ever-evolving world.