Law Com chief: BCI, legal ed need reforming • BCI chief vows to fight adverse SC order

New Law Com chief Chauhan seems interesting in the right things, so far as the profession is concerned
New Law Com chief Chauhan seems interesting in the right things, so far as the profession is concerned

“Legal education needs to be improved and the Bar Council of India needs to reform itself,” Law Commission chairman and retired Supreme Court judge Balbir Singh Chauhan told the Economic Times in an exclusive interview.

Chauhan’s statements have been published one day after the Supreme Court’s damning obiter request in a judgment that the Law Commission should look into reform of legal education.

The bench of justices Anil R Dave, Kurian Joseph and Adarsh Kumar Goel had said:

There appears to be urgent need to review the provisions of the Advocates Act dealing with regulatory mechanism for the legal profession and other incidental issues, in consultation with all concerned.

Reacting to the judgment, Bar Council of India (BCI) chairman Manan Kumar Mishra told the Hindustan Times: “We are going to file a review petition in the matter because the honourable court passed the order without giving us a hearing.”

Mishra also told the HT that the verification drive to weed out ‘fake’ lawyers, would “bring out good results. But these aspects have not been looked into by the Supreme Court”, while in respect of the lawyer protests in Tamil Nadu he said: “Everything was brought under control by the BCI but recent decision of the Madras high court to take penal action against lawyers has again aggravated the situation.”

Comments

Good order 7 Jul 2016, 11:46
+2 -4
Well done SC! The issue of legal education is a very important issue but has long been neglected in India. Even NLUs have horrible admin, faculty and infrastructure, and are miles behind foreign law schools. Legally India promised an investigative report on poor faculty and training at NLUs, but has done nothing. How come NLUs have such bright students but terrible faculty? How come only 5-6 BALLB graduates of NLUs are teaching in India right now? These are questions you should look at.
Order! Order! 8 Jul 2016, 05:01
+6 -4
The number is actually over 20. People keep making such comments down here without checking facts first.
Guest 8 Jul 2016, 11:00
+3 -4
It's not 20. If you look at BALLB grads from the leading NLUs teaching in India on a full-time basis (barring Jindal, Azim Premji etc) the number is probably in single digits. NLSIU, NALSAR and NUJS just have 2-3 each max.

Kian you should look into this and clarify. Why are you not covering such a major issue?
kianganz 8 Jul 2016, 11:04
+0 -0
Definitely interesting, it's on our radar but takes a fair bit of research and data collection and sources since the entire process is rather opaque, so we've not been able to get around to yet...
Dharmik 8 Jul 2016, 18:44
+3 -2
Even I am skeptical. So who are these 20?? Can we have a figure for NLSIU, NALSAR and NUJS?
Order! Order! 9 Jul 2016, 02:45
+4 -1
There are several graduates teaching on a contractual basis across different NLUs, whose work responsibilities differ little from the full-time permanent faculty members. At least from the students' perspectives, there is little to tell these two categories apart. NUJS alone has such 3 full-time and 5 contractual faculty members now. Given you cannot really take away a permanent position under the current legal system and one cannot keep having new positions every year, I would say allowing such contractual positions is creating good space for alumni to come back and contribute. As I said, students don't really care who is permanent or contractual, so long as they teach well.
POI 12 Jul 2016, 13:51
+0 -0
What is meant by contractual basis?

I know that in many NLUs a few alumni are roped in for a few lectures. This does not qualify as NLU faculty. What are the statistics of full time NLU-alumni teaching in the NLUs
Order! Order! 13 Jul 2016, 04:09
+0 -0
By contractual basis, I mean these people are taking full-fledged courses (one or two) every semester. Just that they get paid a consolidated amount instead of the usual salary etc. and their contract is subject to renewal every year. Some of them (the more senior ones) get even the same pay package as the permanent Assistant Professors, etc.
PO1 13 Jul 2016, 17:04
+0 -0
At law school the guest faculty are paid like Rs 250-300 per hour of class. Thats a joke! Even the quality of alums is ridiculous. I remember the shockingly bad course taken by [...]. No proper readings, no structure, rambling discussions that degenerated into a Arnab-type TV show and nil utility.
PO1 13 Jul 2016, 21:28
+0 -0
I dont know what is there to censor the name but the course was on [...], taught in [...] 2013 and the guest "faculty" was a [...]-batch alum. She used law school teaching as a cv-building exercise and is now parked in [...]. I dont like making fun of a fellow lawschoolite but without this all the duds get attracted to teaching.
kianganz 14 Jul 2016, 05:32
+0 -0
Hey, afraid we can't allow naming or basically identifying someone when making such allegations about a person's ability and competence and motivations, since I don't know anything about that person and the dynamics involved, and it's therefore very hard to take a call on whether a comment is publishable.
Guest 7 Jul 2016, 11:47
+1 -1
Kian I am disappointed that LI did not report the scam about NLSIU below but keeps targeting GNLU. Had this scam involved GNLU you would have done a thousand stories on it. Please be neutral in your criticism.

http://www.thehindu.com/news/cities/bangalore/two-shots-at-one-seat/article8750082.ece
Dharmik 7 Jul 2016, 12:35
+3 -0
This is an old scam at NLSIU. When I was there it was so funny to see Venkata Rao (the VC) bow humbly before the parents of some of these NRI kids when they came to campus to "inspect" the environs ( a polite way of finding what the going rate for a seat was). Coming in fancy cars and SUVs Venkata Rao himself would come out of his office to welcome these people whereas "ordinary" students would have to keep pestering his staff for an appointment in case their parents wanted to meet him. What's amazing is how he's not only kept it under wraps but also managed to get a second frickin term as VC.
kianganz 7 Jul 2016, 12:45
+2 -0
These foreign quota seats are interesting - I understand GNLU and some other colleges also have them, and that they are allocated by the university outside the CLAT, and that they cost thousands of dollars more than the CLAT seats.

Is there any oversight or transparency of those seats?
Guest 7 Jul 2016, 19:44
+2 -0
dude, which planet have u been on? this is the biggest scam at NLUs. At GNLU the kid who filed a case had a really low rank but got in through the nri quota. And just go back to nalsar inr he early years: u will get tons of dirt.
Dharmik 7 Jul 2016, 20:13
+1 -1
Many law schools have such a quota. Some award them on the basis of CLAT rank and some (like NLSIU) have their own opaque selection process which is a euphemism for a seats-for-cash/favours racket. Three years ago when he was campaigning hard [...] went to the secretariat building to plead with a senior IAS officer to support him in return for admitting his nephew under the NRI quota. It was such a ridiculous act that the security guards would joke about how he went about trying to "impress" the powers-that-be.

I'm not blaming the kids themselves. Many of them are good and some do better than the CLAT kids. But its bizarre how a VC gets away with cheating the system like this. I'm ashamed to be an alumni from such an institution.
NRI Canada 8 Jul 2016, 00:21
+2 -0
Even RGNUL has something similar. Two kids whowere admitted through suck quotas are allowed to be dropped inside the college everyday in their cars while the ordinary students have to hassle with the guards before getting the autorickshaws they are traveling in, the permission to enter the university campus. Such permission is granted only if you are coming back from your home and have luggage. You cannot be sure whether despite fulfilling these two conditions you will be allowed or not. Nobody cares if your leg is broken, you went shopping, you are sick etc.

There is more to such stories. If you are interested, I will get back to you with more.
LI sucks 8 Jul 2016, 11:13
+2 -1
Here are Legally India's so-called news reports on legal education:

1. Blindly reproducing placement data and looking only at starting salaries at Amarchand. No coverage of other careers, people pursuing higher studies abroad etc

2. Gossip about X law school banning a fest or roast, Y law school imposing curfew, Z law school banning alcohol.

3. Shamnad Basheer killed a mosquito, Shamnad Basheer ate idlis for breakfast, Shamnad Basheer went to watch Sultan and demanded that he be sold a ticket at half price because of section 300(i)(a) of copyright act, will file a PIL.

4. Secret documents show Bimal Patel's grandfather's cousin's friend's wife's childhood friend's neighbour was a Pakistani spy. Yet, Patel continues to hold office.

Boss, it's time you focus on issues that matter namely:

1. Woeful state of faculty and lack of NLU alumni in academia.

2. Disconnect between job market and teaching

3. Shoddy infrastructure

4. Corruption (undeserving students entering through dodgy quotas, siphoning off grants etc)

5. Lack of jobs, yet NLUs being churned out

6. NLUD's unlawful refusal to join CLAT.
kianganz 8 Jul 2016, 11:29
+2 -0
Such nuanced feedback.

Agree in principle, those things are issues, but you'll find it's not a simple matter of us focusing on issues - most are bigger and more endemic.

One thing I feel that LI does which is more important than a lot of those micro issues you list, is focus on the lack of effective BCI oversight of the profession and of law schools, which has a knock on effect (and is arguably the cause of) a lot of these other things...

You might feel that some of the issues we report are trivial, but they are all form part of the picture and assessment you are able to make by creating transparency.

Would you know there's a lack of jobs if we didn't 'blindly reproduce' placement data. (Which we don't incidentally - there are several law schools' placements we haven't published yet since they provided us incomplete or fudged data, unlike other online publications)

Or that law schools are run like fiefdoms with arbitrary rules, banning fests, dresscodes, etc? Or that there's issues around diversity, if we didn't cover Shamnad Basheer's IDIA or the surveys they do?

Happy to dig out examples for each of the above and more.

We're nowhere near done yet, but I hope we are chipping away at these kinds of things, and no one else in the media seems to really be willing to help on that front either.

In response to your individual suggestions:

1. Is this something that anyone is *not* aware of? 'Islands of excellence' is almost a cliche at this point... Sure, we want to evaluate faculty quality and are working on the survey but it's not a quick fix or a matter of doing a story or two on them or quoting someone else who says the same thing.

2. You mean teaching doesn't pay enough?

3. Shoddy infrastructure is not news as such, it's a state of being - we can do one or 2 thoughtpieces or columns at most, bemoaning the terrible infrastructure at law schools, but do you think that'll make a difference? We have done a number of pieces on the funding and budgets of law schools, which is presumably part of the reason for poor infrastructure, since some states don't provide enough funding (while others like UP, for instance, pump a lot of money into RMLNLU so they have good infra).

4. Corruption etc - Agree would love to cover, that'd be quite a story but do you know anyone who's willing to talk on that rather than just hearsay? If you have more info, please get in touch confidentially but a lot of leads we chase up in that realm end up not being strong enough to publish unfortunately.

5. Lack of jobs: We have written about that plenty of times I think - can dig out articles if you don't believe... Again, it's not something anyone is unaware of though - it's a continuing state of affairs rather than news.

6. NLUD vs CLAT: We have written about or referred to that a bunch of times (unlike anyone else), but how often do you want us to flog that horse? If the courts don't take notice, no one files a petition and students are happily applying to NLU D anyway, I feel like we'd be running out of news angles.
Outsider 9 Jul 2016, 02:55
+4 -0
I think by disconnect, 'LI Sucks' meant what is being taught has little relevance in the job market. But let us be fair, such is almost always going to be the case till you allow practitioners to teach or teachers to practice. The latter is not really possible under the Advocate's Act. At least some people with industry experience are coming back now to contribute to academia in many ways, so things have improved a little bit compared to, say ten years back. With regard to NLUD joining CLAT, based on the impression I got from most of the top tier NLUs, joining CLAT has not really done them any good. If anything, overall student quality has declined owing to mugging up for 2 years for an exam that was supposed to evaluate a student's aptitude.
But I agree with him about LI being capable of doing far more in this regard. Kian did try the faculty survey, but I guess it didn't meet with a lot of success. Why not try to get the course outline/curriculum of different subjects across NLUs? Surely that can provide some objective guideline of some sorts, given mostly the faculty members draft those themselves.
Guest 8 Jul 2016, 20:34
+0 -0
I am not satisfied on LI's coverage on legal education, but at least it is much better than Bar & Bench (sucks up to law schools, posts sycophantic interviews with VCs, ignores scams). And they brought out a faculty ranking where the #1 faculty was CNLU Patna,LOL.
Guest 9 Jul 2016, 11:27
+0 -0
Kian please follow up on these stories from Lawctopus. Really shocking:

1. Students whistle and sing in class at top NLU to protest poor faculty.Lawctopus has not mentioned which NLU.
http://www.lawctopus.com/faculty-at-a-nlu-students-whistle-giggle-and-clap-can-we-do-anything/

2. Amity satellite campuses unrecognised. You should also investigate how the BCI gave Amity permission to start a law campus in Dubai. Shouldn't NLSIU have got it before anyone else? Is it because children of bigwigs like Jaitley and Rohatgi went to Amity?
http://www.lawctopus.com/amity-university-noidas-lucknow-campus-chandigarh-campus-and-global-business-schools-not-approved-by-ugc-reveals-rti/
Mole 10 Jul 2016, 07:30
+2 -0
The Lawctopus story about students whistling and laughing in class says that it happened at a "top 5 NLU". This means it must be either NLUJ or NLIU. But to be fair it happens at top NLUs as well. Some of NLSIU's senior professors are widely ridiculed outside class as incompetent, including by people who are law firm partners today. In the early years of NALSAR there was a class boycott of an incompetent teacher who is still around because the students claimed he couldn't teach. In the early years of NUJS another incompetent teacher (who is also still around) started crying after students started jeering at him. And contrary to popular perception, the faculty at NLUD is quite poor as a whole. Their supposed star teachers don't actually teach.

There is a serious crisis and I hope Legally India covers it seriously and brings it to the attention of the two new law ministers.