Breaking: Moily's 2nd gen education reforms: transactional law LLBs, new unified law school entrance test

Veerappa Moily
Veerappa Moily
The Union Government has announced a ‘National Consultation’ to radically overhaul Indian legal education, which will include the introduction of a common admission test for all Indian law schools, three new super-specialised LLBs focusing on transactional, litigation or public law as well as shortening LLM courses to one year.

The major proposals include the creation of an entrance test that will apply to all law colleges in India, rather than just to national law schools like the Common Law Admissions Test (CLAT).

The Government also wants to create three separate LLB programmes that specifically focus on training transactional, litigation or public lawyers, as well as to introduce a new one-year LLM degree.

Law minister Veerappa Moily (pictured), additional solicitor general Mohan Parasaran and Moily’s special adviser T K Vishwanathan announced the radical reform plans at a press conference in Delhi today (21 April).

Moily said that the law ministry was collaborating with the Bar Council of India (BCI) and National Law University Delhi to organise a National Consultation for a “second generation” of reforms in Indian legal education.

He explained that the consultation would create a road map to bring radical institutional reforms in legal education to meet not only the requirements of the bar but also the needs of trade, commerce and industry in view of the growing internationalisation of the legal profession.

Moily said: “Our aim is to focus on legal education as an instrument of economic and social architecture. The aim of this National Consultation is that the advocate in a Munsif court can have access to a system of continuing legal education and he can aspire to appear before the Supreme Court.”

Additional solicitor general Parasaran added that the Government was also proposing three specialised LLB courses, to enable students to focus on either of litigation, transactional or public law.

“The syllabus in most of the law colleges is more than 20 years old and is not relevant to present-day requirements,” said Parasaran. “Reforms are the need of the hour. We propose to have a common law entrance test for all the colleges across India just like we have a common entrance test for national law colleges.”

Parasaran also announced that India would have a one-year LLM course, just as countries such as the US and UK. “The change has been proposed and the decision to this effect shall be taken in near future,” he said.

Parasaran continued: “There is a proposal to establish a National Council for quality and standards of legal education. Experts from all the fields, namely Bar Council of India, state Bar Councils, attorney general, solicitor general and various jurists and academicians shall prescribe the syllabus for the law colleges.”

Moily also supported a compulsory entrance test to become a lawyer, mirroring the proposal by the new Bar Council of India chairman Gopal Subramaniam. “We are working in tandem with Bar Council of India and we support the proposal,” said Moily.

He also said hat in an era of globalisation there was a need to raise the standards of legal education in India. “The domain of the Indian lawyer shall be the entire world and not only this country.”

Moily also expressed concern over the fact that most law students joined the corporate sector after completing their degrees. One of the issues before the National Consultation would be why students from national law schools seemed to prefer careers in corporate law firms and how the legal education system could cater to the emerging needs of the new economy.

The National Consultation would also examine how to organise training and education for alternate dispute resolution systems, particularly arbitration.

The National Consultation first meeting will be held on 1 and 2 May 2010, said Moily, and would be inaugurated by India’s prime minister Manmohan Singh, with Moily presenting a vision document on the India’s second generation of legal reforms.

When asked about the issue of entry of foreign lawyers at today’s press conference, Moily said that the Bombay High Court had already decided on the issue and the Government would deal with the issue at an appropriate stage after consultation with all the sectors on the issue.

Comments

Anonymous guest 21 Apr 2010, 22:46
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Kudos to Mr Moily and his team. All the best.
Anonymous guest 21 Apr 2010, 23:14
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The proposals are radical. It's great to have a Law Minister who thinks out of the box and has an agenda for bringing about reforms in the field of legal education. All the very best, Mr. Moily.

Come to think of it - there are about 1200 students who graduate from the national law schools and certain other reputed law colleges. Not all are good, but arguably, the education they receive and the infrastructure that their colleges have is "above average." Apart from these colleges, there are over 800 other law colleges in the country. Some fantastic talent is produced in these colleges as well. However, on a rough guesstimate, the good talent emerging from these 850 odd colleges is far less than the good talent that emerges from the 15 odd top law schools/colleges in the country. Over 90% of the lawyers emerging are muck (just to clarify - there is sheer muck produced in the national law schools and the other top colleges as well - but the percentage is not so high). Run-of-the-mill law colleges that lack infrastructure or good faculty need to be ruthlessly shut down. This will go a long way in making the study of law a more serious career option.
Anonymous guest 22 Apr 2010, 00:48
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one more reform agenda - if I may add - make national law schools truly 'national'. In other words, it is a misnomer to call the present national law schools 'national' becasue they are creatures of state legilstatures and thus technically speaking are state universities. As a result, they have a very high degree of parochial approach. This is evident in the faculty structure of most of the top national law schools - most of them have a very high domination of faculty of that particular state where the law school is based or of that region.



It is important that these law schools should be made national level institutions by giving them the status of central institutions/universities.
Anonymous guest 22 Apr 2010, 02:09
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The reforms are indeed welcoming...too add to the comments of #2 &3 (above)...the law schools will be truly national if their funding is also national rather than leaving it to the states...while it is good to propose LLM degrees on the same lines as law schools in the US & UK our law schools need funding to provide the necessary infrastructure.
Anonymous guest 22 Apr 2010, 02:19
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#3. I agree. This applies to NLSIU Bangalore equally, despite Supreme Court and BCI running the show there (and state government having little active management)
Anonymous guest 22 Apr 2010, 05:49
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The top NLUs already have a common entrance test (CLAT). I hope the sidey law colleges are not included in the CLAT. There should be a separate entrance test for the sidey colleges. Only the top 5-6 colleges should be included in the CLAT.


"When asked about the issue of entry of foreign lawyers at today's press conference, Moily said that the Bombay High Court had already decided on the issue and the Government would deal with the issue at an appropriate stage after consultation with all the sectors on the issue."

abey kitna time lagta hain tereko? rubbish excuse.
Anonymous guest 22 Apr 2010, 07:03
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@#5 the problem is not so much with the state governments. the problem in the national law schools is that often a small coterie of people with average abilities is formed at the top, and then this coterie works overtime to make sure that no one who could challenge their authority is allowed to enter the system or even if someone enters by mistake should not stay in the system for a long time!
Anonymous guest 22 Apr 2010, 19:30
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#7: "the problem in the national law schools is that often a small coterie of people with average abilities is formed at the top"

green eyed monster! seriously though, what you makes you think they are of average abilities?
Anonymous guest 22 Apr 2010, 19:53
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#8 I am alumni of the foremost law school and must agree with #7 that there is "often a small coterie of people with average abilities is formed at the top"

Talk to any alumni from my law school and a very large percentage will agree with this view. I think best law schools deserve best faculty and surely Indian law students the best faculty for the fee they pay. Our socialist hangover prevents us from linking fee paid to quality of hires, but seriously this affects the quality of lawyers churned out.
Anonymous guest 22 Apr 2010, 20:10
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More National Law Schools are required in the country. State govts of TN, Meghalaya, Sikkim, ANdaman & Nicobar (UT), HP, Pandicherry(UT) etc may consider having one national law university each. Retired Judges of SC / HC may be appointed VCs of such institutions. All India Judicial Services may be created at the earliest. Constitutional / legal reforms may go a long way in countering Naxalism, unrest, corruption like problems. CLAT test may be held on the same / subsequent /prior sunday in April itself every year on the pattern of IIT entrance test. To keep country united, it is necessary to stop the DEVELOPING sense of alienation in rural poor masses, who are totaly confused with the grass root level corruption, illiteracy etc and have no awareness about the complex legal system. Justice, these days comes to rich only. Most of under trial prisons in overburdened Jails of this country are poor people. simplification of Legal system will give a thrust to economic development of the country.
Anonymous guest 22 Apr 2010, 20:44
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Dear #8 I don't have anything personal against anybody. I suggest you please go through the profiles of all the academics in top 5 NLUs in India and you will get the answer..... to the question 'why they are of average abilities' and 'why they in turn promote and recruit those with average abilities'. Barring a few (perhaps 10-15 percent), no one has even a single worthwhile publication in an international or even a reputed national refereed journal - an internationally accepted benchmark for judging quality in academia. Given the hype associated with NLUs, I think the situation should should have been the other way round.
Anonymous guest 22 Apr 2010, 21:19
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The proposed reforms are welcome. Mr. Moily appears to be pragmatic and it is hoped that he succeeds in his noble design. I support the proposal to have a combined entrance examination for all law colleges. In fact there should be a certain common standard as regards the syllabus, with flexibility to add or alter in light of the institute's focus on any particular area of law. Off course the national law schools may be promoted as centres of excellence but that does not mean neglecting other law colleges to such an extent that no one even cares if students attend classes. There is a great requirement for proper inspection and supervision of law colleges which are commonly found flouting basic standards expected from educational institutions. Legal education and medical education cannot be compared to other areas of technical education because professionals in the field of medicine and law influence the physical, economic and social well being. Therefore, it would be utterly unfair and unreasonable to devise a policy whereunder there is a huge difference between the standard of professionals churned out of few elitist institutions and that of the rest.

I wish all involved in the pioneering efforts the very best.
Anonymous guest 22 Apr 2010, 21:27
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I am just glad I am out of law school! Phew..
Anonymous guest 23 Apr 2010, 01:55
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The proposed "programmes that specifically focus on training transactional, litigation or public lawyers" should rather be a optional / honours course rather than a full-fledged special course. After all, as Palkhivala said, a good lawyer is a generalist first and a specialist later. While specialized courses are a good idea, at least LLB aspirants should have the freedom to do a general course with the option to specialize.

And ya .... agree with # 13 :P
Anonymous guest 24 Apr 2010, 02:01
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reforms everything very good , but what about the reform in pay scale of young fresh law graduate . the hon'ble minister if can bring the desired change in this regard then truly i can say reforms will happen
Anonymous guest 24 Apr 2010, 04:11
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Awesome idea.......
Anonymous guest 24 Apr 2010, 05:18
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National law schools should focus on imparting the basics in the first three years and then allow more electives during the next two years of the course. This will automatically allow students to choose their subjects based on what they would like to study and later pursue as a career.
Bifurcating the existing law school curriculum into highly prescriptive transactional and non-transactional streams will actually go on to create more legal haves and have nots, as a student who chooses courses with a public law or human rights focus will not be able to join a corporate firm, even if for a limited time.
The Bar must also commit to pay at least a living wage to a junior so that they can survive independently in places like Delhi and Mumbai. I am sure this will certainly attract talented graduates to the Bar.
Anonymous guest 29 Apr 2010, 04:15
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Idiots like most smart alecky graduates from the so-called "national" law schools..... They want to be "transactional" lawyers without even having a solid grounding as regards the first principles of the law. First learn your Contract Act, learn the difference between a representation and a warranty else just be a corporate "precedent" lawyer.

- A Solictor
Anonymous guest 3 May 2010, 03:14
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One of the Law Minister's reform proposal is an examination to qualify to be a member of the bar. This proposal also has the backing of certain directions given by the Supreme Court. Of course it is no doubt an important step to ensure good quality lawyers. However, as a final year law student whose going to pass out in June, I have some rather parochial concerns.
Is it fair to impose this exam on students passing out of law this year and having had no notice or opportunity to prepare for the exam in advance?

The additional qualification is likely to impact employment contracts which expect people to be enrolled with the bar by June

Is this exam going to be an all round the year affair like GMAT or SAT or will it be conducted annually?

Kian can you please do a story on this, and give some voice to the micro interests being affected in this progressive macro agenda
Anonymous guest 27 May 2010, 21:10
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hey i am a student of an national law school. I fell a lot of difference three year law and five year law from a nlu. I agree that the nlu are really "national"
but to me these nlu's should be centralized and formed IIL(Indian Institute of Law ) just as IIT's .We can have a separate exam for the rest of the Law colleges just AIEEE. I disagree that students of nlu have no experience in the field. Each nlu student have do Internship in an year which no other ordinary Law college offer you.There are many types of courses which only nlu's offer you such as sports law,space law,etc. Even many students opt litigation and do well in it.
There is semester system in five year law which is very efficient in gaining law knowledge.You need to agree that students from nlu are fare better than the ordinary law colleges. It is also said that when any student do nothing in his life than he opt law. But nlu has changed this thought by giving a new way of earning high packages.