THE BAR COUNCIL OF INDIA
LEGAL EDUCATION COMMITTEE
MINUTES OF MEETING
Meeting of the Legal Education Committee of the Bar Council of
India was held on Saturday, 29th January, 2011 at 10.30 A.M. at
the premises of the Indian Law Institute, Bhagwan Das Road, New
Delhi – 110001.
The following members were present:1.
Hon’ble Mr. Justice A.P. Misra,
Former Judge, Supreme Court of India,
Chairman, Legal Education Committee
2.
Hon’ble Mr. Justice Bhagwati Prasad
Chief Justice of High Court of Jharkhand,
Member, Legal Education Committee
3.
Dr. Gopal Narain Mishra
Member, Legal Education Committee
4.
Shri Apurba Kumar Sharma,
Member, Legal Education Committee
5.
Prof. (Dr.) N. L. Mitra
Member, Legal Education Committee
6.
Shri Gopal Subramanium,
Solicitor General of India,
Chairman, Bar Council of India,
Special Invitee
7.
Shri Milan Kumar Dey, Sr. Advocate,
Chairman, Executive Committee,
Bar Council of India,
Special Invitee
8.
Shri Daulat Ram Sharma,
Associate Managing Trustee
Bar Council of India Trust,
Special Invitee
9.
Shri Brij Mohan Vinayak,
Vice-Chairman, Executive Committee
Bar Council of India,
Special Invitee
10.
Shri Faisal Rizvi, Member
Bar Council of India,
Special Invitee
11.
Shri M. Rajender Reddy, Member
Bar Council of India,
Special Invitee
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12.
Shri Ashok Parija, Member,
Bar Council of India,
Special Invitee
13.
Shri Jagadeesh C. M., Member
Bar Council of India,
Special Invitee
14.
Shri Vijay Bhatt, Member
Bar Council of India,
Special Invitee
15.
Shri Biri Singh Sinsinwar, Member,
Bar Council of India,
Special Invitee
16.
Shri Manan Kumar Mishra, Member,
Bar Council of India,
Special Invitee
17.
Shri Satish Abarao Deshmukh, Member,
Bar Council of India,
Special Invitee
18.
Prof. V. B. Coutinho, Director,
Directorate of Legal Education,
Bar Council of India,
Special Invitee
Shri R. Dhanapal Raj, Vice-Chairman, Bar Council of India, Shri
Ashok Kumar Deb, Managing Trustee, Bar Council of India Trust,
Dr. S. Gopakumaran Nair, Shri Hemantkumar J. Patel, Shri Zafar
Ahmed Khan, Mr. Rajinder Singh Rana, Members, Bar Council of
India, Shri G. E. Vahanvati, Attorney General of India, Secretary,
Ministry of Law & Justice, Secretary, UGC, were not present. The
absence of the members is condoned.
Hon’ble Mr. Justice A. P. Misra, Chairman, Legal Education
Committee presided over the meeting.
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Item No.1(A)/2011 (LE)
Confirmation of the minutes of the meeting of the Legal
Education Committee held on 13th November, 2010.
RESOLVED that the minutes of the Legal Education Committee
held on 13th and 14th November, 2010 are confirmed.
*****
Item No.2(A)/2011 (LE)
To consider the Action Taken Report on the matters decided
by the Legal Education Committee meeting held on 13th
November, 2010.
The Action Taken Report on the matter decided by the Legal
Education Committee at its meeting held on 13th November, 2010
was discussed. The said action taken report was taken note of.
While discussing the contents of the action taken report, it was
considered appropriate that the issue of equivalence of professional
legal education and issue of equivalence of the right to practice
must be treated as different facets. In the Legal Education
Committee it was considered appropriate that issue of equivalence
of qualification must now be taken into account as a part of the
ongoing exercise to recognize any degrees which are awarded by
Universities located overseas.
Three points were brought to the attention of the Committee by
Prof. N. L. Mitra. The first was that there must be equivalence in
legal education and the same is an imperative necessity for the
future generations of Indian law students to be able to assert their
professional compliance. Secondly, the issue of representation in
the WTO from the Bar Council of India, to discuss issues arising
out of “Trade in Legal Services” was also emphasized. Thirdly, it
was brought to the attention of the entire Committee that seamless
connectivity in the legal profession (which also includes
multijurisdictional practice) must also not be lost sight of and the
same must be borne in mind in respect of further developments. It
was also pointed out by Prof. N. L. Mitra, that in some of the
jurisdiction such as the United States of America, the American
Bar Association conducts various courses which are preparatory to
the undertaking of an examination by candidates who have to sit
for the entrance examination.
Under the circumstances, the
Committee decided that: -
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A white paper be prepared on the issue of equivalence of Indian
professional degrees (i.e. degrees for the practice of law) which are
issued by the Indian Universities/Institutions and how to recognize
similar professional degrees which are given by Universities/
Institutions abroad. The white paper will also discuss the measures
which must be taken up by way of active negotiation with overseas
bodies in order to achieve equivalence both ways i.e. the
equivalence of foreign university degrees with Indian requirements
and Indian degrees with reference to practice of law overseas. The
white paper would be prepared by a Committee consisting of
Hon’ble Mr. Justice A. P. Misra, Chairman, Legal Education
Committee, Hon’ble Mr. Justice Bhagwati Prasad, Chief Justice,
Jharkhand High Court, Prof. N. L. Mitra and Prof. V.B. Coutinho,
Director, Legal Education. The Committee may take the assistance
of such experts as are necessary in the field and present a white
paper before the next meeting of the Legal Education Committee.
The Committee also looked at the issue of revising the existing
curriculum in order to achieve the goal of equivalence. For that
purpose the Chairman pointed out that the existing course which
offers the combined degree programme (B. A. LL.B. and LL.B. still
being treated as an undergraduate programme) should be replaced
with a more detailed and structured programme (with flexibility in
programming) which would actually comprehend a Major + JD
which is awarded in American Universities over 7 years of
education. The same in a systematic structured manner and in
comfortable units can be offered to Indian students within the
existing period of 5 years. Prof. N. L. Mitra was also requested to
review his CDC Report keeping in view the above object and assist
in producing the version which could be floated for adoption in
relation to the new curriculum which would be compatible with the
award of a Major and a JD.
The third aspect on which the house agreed was that academic
training or training of academics was the crying need of the hour.
In other words the entire committee noted with concern that
brilliant students were not entering the academic arena and thus
the country was being deprived of a very strong academic base in
legal teaching. In order to achieve that purpose Shri Ashok Parija
and Shri Faisal Rizvi suggested that atleast 100 candidates should
be identified by the Directorate of Legal Education in consultation
with Prof. N. L. Mitra all over the country who can be persuaded to
follow-up their LL.B. Degree with a 3 year programme where they
would get both an LL.M. and SJD.
This suggestion was very warmly welcomed and the Committee
decided that it was necessary to consider a sustained effort on the
part of the Bar Council of India to identify students who are
brilliant and also have an academic bent of mind and they be
adequately supported (including financial) to undertake a
programme of LL.M and Ph.D. and also ensure that one of the law
school which is paying U. G. C. pay scale would absorb them. This
was considered absolutely imperative. While the figure of 100
students has been recommended for the purpose of identification
from the ongoing academic year 2011-2012, an appropriate request
would be made that the same be supported by a grant from the
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Central Government and State Governments so that the
programme could be under way. In addition, it was suggested by
Prof. N. L. Mitra that considering the large number of law colleges
which exists (figure approximately 900), it was necessary that
adequate infrastructure by way of teachers should be available to
those law colleges. Therefore, it was decided that Director, Legal
Education in consultation with Prof. N.L. Mitra and another two
eminent academicians may actually support talent available in the
existing law schools who could be persuaded to enter the academic
stream. Prof. N. L. Mitra also apprised the Committee that the
centers of excellence which have been alluded to by the Ministry of
Law and Justice could be the National Law School themselves
where the 500 candidates could be identified and placed in
different regions and trained to become teachers who would have
both an LL.M. and SJD degrees. The Chairman at this juncture
intervened to submit that the standard of teaching processes of
LL.M. also need to be upgraded because it is only on account of
substantive LL.M. which could be awarded by Indian institutions
that the degree of equivalence and respect which is necessary to
achieve increased parameters would be undertaken. It was also
pointed out by Shri Brij Mohan Vinayak, Member, Bar Council of
India that many of the National Law Schools the number of
students who passed out of LL.B. course do not actually feel
encouraged to do Masters in that very same institutions. It is,
therefore, necessary to pay attention also to the teaching of LL.M.
in these institutions and the white paper should consider what
adhoc arrangements may be necessary for the purpose of
reinforcing high quality LL.M. teaching and also indicate the
financial support which would be necessary from the Central and
State Government to achieve the said objective.
Under the circumstances the committee decided that a white paper
on equivalence be prepared, talent hunting for building a strong
academic community which will be supported by the Bar Council of
India with the help of financial grants from the Central and the
State Government be undertaken, and in addition, each member of
the Bar Council of India may give a Status Report in relation to the
Institutions/Law Colleges which exists within his state and the
same may be made available to the Directorate of Legal Education
which on transparent criteria will undertake a grading of a said law
school for the purpose of information of the committee. The
Hon’ble Chairman Sh. Justice A. P. Misra was pleased to observe
that the decision to embark upon equivalence was one of the most
important and historic decision of this committee and the same viz.
a milestone in the step of ensuring that Indian Legal Education will
achieve international recognition in the times to come. The exercise
of identification of candidates may be undertaken on a fast track
basis so that a proposal may be sent to State Governments and the
Central Government to begin this process of induction of an
academic community w. e. f. 2011 itself. In respect of the first
batch of 50 students, the Committee would decide how, with or
without grant, the said students can be financially supported.
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Prof. V. B. Coutinho, Director, Directorate of Legal Education may
be requested to put-forward proposals for the purpose of the
teachers training programmes along with the financial implication
so that they are sanctioned and necessary allocation are made by
the Central Government for the purpose of undertaking those
programmes. At the moment a proposal of getting a sanction of 56
crores, which have been sent from the Bar Council of India
including the Directorate of Legal Education, which includes
teachers training programme is presently under active
consideration of the Government. The Government has taken a
view they are proposing a budget for Legal Education of roughly
about 450 crores from the planned expenditure, out of which Bar
Council of India/Directorate of Legal Education must at least get
some substantial part of that for the purpose of covering all our
projects.
It was also considered appropriate that the funding of these
students can also be undertaken by the U. G. C. while making
payment to academic staff colleges and the National Law Schools
may be requested to run an academic staff college in their very
institutions.
*****
Item No.3/2011A (LE)
To consider the note on “Whether a student who studies Law
for five years continuously (overseas) is a qualified entrant to
the Indian Bar”.
And
Item No.4/2011A (LE)
To consider the letters received from Shri Vivek Raja and Shri
Pratik Mitra to consider LL.B + LL.M + LPC/BVC as an
integrated five year course.
In view of the decision taken in Item No.2(A)/2011, the Equivalence
Committee under the Chairmanship of Hon’ble Mr. Justice A. P.
Misra may be requested to ascertain the contents of the five year
programme consisting of 3 year LL.B. + 1 Year LPC/BBC and an
LL.M. which is offered in England. The same may be made a part
of the white paper.
As far as Item No.4 is concerned the said matter would be taken up
by the Committee in its next meeting upon the receipt of the report.
*****
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Item No.5/2011A (LE)
To consider the applications regarding LL.B degree awarded by
King’s College, University of London while only the University
of London is recognized by the Bar Council of India.
The applications regarding LL.B degree awarded by King’s College,
University of London be treated as valid because University of
London is recognized by the Bar Council of India and the said
college is affiliated to the University of London and enjoys a degree
of autonomy as a result of which it is able to place its courses at
higher level than the courses prescribed by the University.
This is without prejudice to the Committee’s intention to review all
universities located overseas from the point of maintenance of
standards, curriculum contents and the test of equivalence which
would be suggested or recommended by the Equivalence
Committee.
This is being permitted on account of the fact that the candidate
have done a basic undergraduate course preceding the 3 year LL.B.
Course.
In respect of Piusha Bose the Committee is unable to entertain the
request on account of failure of evidence to show that she has
obtained an undergraduate degree before commencing studies in
law. In view of the fact that she does not have an undergraduate
degree it is not possible to accept her request.
*****
Item No.6/2011A (LE)
To consider the proposal for implementation of “Continuing
Legal Education”.
On a perusal of the proposal for Continuing Legal Education, the
Committee decided that Continuing Legal Education was an
imperative necessity which must be accessed by the members of
the legal profession to enhance their knowledge base and
refinement of abilities. After elaborate discussion, the Committee
was of the view that in the first instance, a voluntary introduction
of Continuing Legal Education will encourage members of the legal
profession to have access to enhance knowledge base. It was,
therefore, decided that Continuing Legal Education will now be
introduced, in the first instance on a purely voluntary basis. The
equivalence committee is given the task of designing the various
module/workshops/education activities/conferences/conventions/
dialogues which would entail credits for the purpose of having
participation in these Continuing Legal Education programmes.
Similarly, State Bar Councils must be encouraged, as has already
been undertaken by the State Bar Council of Rajasthan, to offer
Continuing Legal Education and each State Bar Council is
requested to devote 4 calendar days in a year for holding
workshops/training programmes which would fulfill the Continuing
Legal Education parameters.
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In order to enable a credit to be given for a Continuing Legal
Education programme, certain minimum criteria need to be clearly
outlined which may be done by Equivalence Committee. On the
basis of the fulfillment of the criteria, the Bar Council of India will
do credit rating for the said courses. The Equivalence Committee
will also decide about the methodology of certification in respect of
such Continuing Legal Education courses so that those lawyers
who take the trouble of attending these courses are given adequate
certification. It was felt that before looking for the service provider
who may not be familiar with Indian conditions as far as CLE is
concerned, the Equivalence Committee would, on the basis of
transparent consultation devise the service providers or locate
service providers who could make available an electronic format of
the requisite modules. In respect of training workshops and other
seminar/conferences the Committee would indicate the stringent
criteria which must be available for the purpose of certifying the
same.
*****
Item No.7/2011A (LE)
To consider the proposal to introduce “Law Group” in Plus 2
CBSE curriculum.
The Committee, for the initiative and preparation undertaken by
Directorate of Legal Education under Prof. V. B. Coutinho, Director
and also places on record its appreciation of the efforts of Sh.
Lakshmeesh S. Kamath, Fellow, Directorate of Legal Education,
recommends to the CBSE inclusion of subjects into the CBSE +2
syllabus and designate a group as “Law Group” just like the
Commerce Group/Science Group/Biology Group so that students
who are interested in taking up law will have the benefit of
schooling in the higher secondary schooling. The Committee also
notes the discussion which took place between the Directorate of
Legal Education and the Chairman, CBSE and places on record the
warm and enthusiastic response given by the CBSE to the said
proposal. The proposal as contained in the note stands approved.
The CBSE may be communicated accordingly. The Directorate is
kindly requested to design the syllabus. The Directorate of Legal
Education informs us that the said designing of the syllabus is
already taking place in conjunction with the CBSE and may be
introduced in the new academic year 2011-2012. The CBSE may
be requested to provide additional training for teaching subjects
like Political Science/Civics/Sociology. The Directorate of Legal
Education is also requested to look into Justice J. S. Verma
Committee’s report on value education which was made available to
the UGC while designing the syllabus so that at relevant portions in
the elective subject, this can be mentioned. Under the “Human
Resource Management” there can be added chapters on values and
ethics.
*****
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Item No.8/2011A (LE)
To consider note on standardizing conditions for recognition of
foreign law degrees obtained by Indian Nationals.
Directorate of Legal Education may be permitted to device a
voluntary programme, for foreign graduates, of six months duration
based on the 20 compulsory subjects as contained in Schedule-II,
No.6, Part-IIA of the Bar Council of India Rules, Legal Education –
2008.
*****
Item No.9/2011A (LE)
Proposal to standardize the academic calendar for the year
2011-2012 and onwards.
Academic calendar for the year 2011-2012 stands approved. All
Universities/Law Colleges may be notified that the academic year
for 2011-2012 and any further academic year would commence
from the 1st of July to the 30th of June in the following years. The
said announcement may also be made on the website. It was also
suggested that there should be a last date for admission of
students into the law colleges. The Directorate of Legal Education
is requested to prepare a proper academic calendar which could be
published. University may be apprised on the same.
There should a Common Law Entrance Examination for each State
(Except for the National Law Schools of India because they are
deemed University, established under Law, which have a separate
procedure), and the said entrance Examination may be undertaken
by any University within the State in consultation with the State
Bar Councils. However, the calendar may be devised in such a way
that adequate opportunities are available for the candidates to
undertake as many entrance examinations that takes place.
Dated: 02.02.2011
New Delhi
(J. R. Sharma)
Officiating Secretary
Bar Council of India
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Additional Resolution
1.
Note on website to be given
Any student who is pursuing an undergraduate course in
England directly and seeks qualification for the Indian Bar
will not be permitted to do so as the Rules stand at the
moment.
Therefore, it is necessary either to have an
integrated programme which is certified as equivalent to an
Indian programme or in the alternative he must pursue law
degree only after having acquired undergraduate degree.
2.
The equivalence committee may also suggest the points for
grading of the colleges within the country.
3.
The Directory which was prepared by the Directorate of Legal
Education be printed and published.
Dated: 02.02.2011
New Delhi
(J. R. Sharma)
Officiating Secretary
Bar Council of India
Typed By
Corrected By
Checked By



Mr. Sanjeev
Mr. Lakshmeesh S. Kamath
Mr. N. Senthil Kumar
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