The Bar Council of India (BCI) released a circular this week urging all Centres for Legal Education (CLEs) to immediately implement and comply with a set of reforms. This circular, issued on May 20, references various comments made by Prime Minister Narendra Modi over the past few years regarding legal education. These include integrating new subjects into legal education, introducing mediation as a compulsory subject, strengthening exchange programs in law schools, and increasing the number of women students in legal education.
"In light of these considerations, the Bar Council of India issues this circular to all Centres of Legal Education (CLEs) for immediate implementation."
The circular justifies the need for these reforms by stating that the National Education Policy (NEP 2020) only provides broad guidelines to improve legal education in the country. Moreover, the Higher Education Commission of India, envisioned by the NEP 2020, will oversee all forms of higher education except medical and legal education. Since legal education is governed by the BCI, the body has issued these guidelines to enhance the quality and effectiveness of legal education in India.
The key reforms that have to be considered by all CLEs are as follows:
1. Inclusion of Emerging Subjects: CLEs must include emerging subjects like Blockchain technology, Electronic-Discovery, Cyber-Security, Robotics, Artificial Intelligence, Bio-Ethics, etc.
2. Understanding of Constitutional Values: There should be an emphasis on imparting a profound and practical understanding of constitutional values, including social, economic, and political justice in legal practice.
3. Socio-Economic and Cultural Contexts: The syllabus must integrate socio-economic and cultural contexts to provide students with a nuanced understanding of the law.
4. Bilingual Education: Bilingual education adopting both English and regional languages should be implemented to enhance access to justice.
5. Interdisciplinary Thinking: Students should be actively involved in critical and interdisciplinary thinking. Research and collaboration across disciplines should be encouraged to develop a comprehensive approach to addressing legal challenges.
6. Mediation as a Compulsory Subject: Mediation should be integrated as a compulsory specific subject.
7. Computer Education: Implementation of previously issued circulars to integrate computer education into legal education.
8. New Criminal Law Enactments: The curriculum must incorporate the three new criminal law enactments - the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 - starting from the academic year 2024-2025.
9. Online and Correspondence Law Courses: Law courses offered through online mode, correspondence, open, and distance learning under names like LL.B., BA (Law), LL.M., MA (Law), etc., will not be approved or recognized. An MA degree with a law subject will not have the same recognition as an LL.M. degree.
10. Class Timings: Adherence to BCI Rules of Legal Education regarding class timings is mandatory, with classes to be conducted only from 8 AM to 7 PM.
11. Equivalence of Foreign Law Degrees: Persons who obtain LL.B degrees from foreign universities must get them equated to an Indian LL.B degree through the BCI. Similarly, Indians with an LL.M. from abroad must apply to the BCI for equivalence before applying to posts that require an LL.M. qualification.
12. Prohibition of Certain Degree Patterns: No Indian university can offer a 4-year LL.B followed by a 1-year LL.M in collaboration with a foreign university under current BCI regulations. The recognized patterns are a 12th class + 3-year graduation in any stream + 3-year law degree or a 12th + 5-year integrated law degree. Names of non-compliant universities will be published on the BCI website.
13. Periodic Reporting: CLEs must periodically report their adherence to the BCI to ensure relevance and effectiveness in legal education.
14. Reservation or Quota: All reservations or quotas must fall within the sanctioned strength of seats and not exceed it. The BCI does not permit seats under a supernumerary quota, except for a 10 percent reservation for Economically Weaker Sections (EWS). Only degrees awarded to students within the sanctioned strength of seats will be recognized by the BCI.
The circular concludes by stating that these reforms are effective immediately and that non-compliance will result in action against the errant universities. Additionally, the BCI has recently issued guidelines to prevent the proliferation of substandard law colleges across the country.
