Pramana Research Journal ISSN NO: 2249-2976

LEGAL EDUCATION IN INDIA: THE MYTH AND

REALTY
Dr. Reghunathan K.R
Chairman BoS in Law, M.G University, Kottayam, Kerala; Faculty in Law, Government Law
College, Ernakulam, Kerala.

Abstract
Ignorance of law is not an excuse. Understanding the law of a country is therefore
inevitable. Here arises the significance of formal as well as informal legal education. However,
the present legal education scenario in India is bleak. Frequent modifications and thirst for
making changes for producing a new pattern made the law schools and colleges, laboratories.
In this article the author narrates the existing legal education scenario in a nutshell and in
conclusion made certain suggestions to improve the quality of legal education so that the
students may become more responsible not only to the Bar and Bench; but also to the society.
Key words: curriculum, etiquette, legal luminaries, misconduct, pedagogy, social engineer

I. Introduction
The ancient Egyptian law, Sumerian law and the Testament that date back to 1280 BC
were some of the moral imperatives for a good society. Roman law was heavily influenced by
Greek philosophy, but its detailed rules were developed by professional jurists and were highly
sophisticated. In medieval England, royal courts developed a body of precedent which later
became the common law. In the medieval world, the Napoleonic and German Codes were the
most influential. In India, from the Vedic period onwards the concept of dharma is the guiding
force in administration, settlement of disputes and of the legal education. It is the duty of the
King or his appointee to uphold dharma.1 Thus the strength of the society squarely related to
the legal system and legal education. In this article the author attempts to analyse the basic
objectives of legal education and the regulatory frame work in India so as to ascertain whether
the existing legal education scenario is encouraging.

II. The Ancient Period

Manusmriti, narrating the importance of law states that, “King also is bound to obey the
law.” 2 There was a comprehensive legal system in ancient India. The concept of legal
education goes back to the Vedic age. The king’s chief duty was the protection of dharma.
From Ashoka onwards kings assumed the title Dharmaraja which was one of the names of
‘Yama,’ the God of death. Both Yama and the king maintained the sacred law by punishing
evil doers and rewarding the righteous.3 Though there was no formal legal education, karma
and dharma was the basic grandeur for every individual. Training was self-acquired in matters
connected with karma. The kings, either used to dispense justice themselves or appoint Judges

1
See generally, V.P Ramaswami Sastri (ed.), The Kautaliya Artha Sastra (Government Press, Trivandrum)
2
Sidhi Nadhandaswami, Manusmriti (Sri Ramakrishna Madam, 1993), Chapter 7, Paragraphs 114 – 117; and
Chapter 9, Paragraph 231 -250
3
A.L Basham, The Wonder that Was India (Rupa and Co., 2003), pp. 113-121

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and assessors to administer justice. The Smritikars were great jurists. Legal disputes were
settled by mediation, negotiation and some form of arbitration.

III. The Mughal and British Periods

During Mughal period, the Emperor was the head of the judiciary. As Islamic jurisprudence
is derived from Quran, it is treated as immutable by any human agency. Akbar’s standing
instructions were that the judges (Mir-i-Adal and the qazis) must try to find out the facts of the
cases under dispute by every possible device and that they should not be satisfied with
witnesses and oaths, but pursue them by manifold enquires.4
The imparting of formal legal education had begun during the British period. Legal
profession was introduced with the establishment of courts in Madras, Bombay and Calcutta
in 1726. 5 Lord Cornwalli’s most noted work was in the field of criminal judicature. He
introduced changes in the judicial system through his Judicial Plan of 1787, 1790 and 1793.6
Circuit courts were established. It was a moving court which moved from district to district in
their respective division to try criminal cases. Mofussil Diwani Adalats were established. The
legal profession was widely accepted and got momentum for the first time. Legal knowledge
was a pre-requisite to be eligible to be a pleader. Bengal Regulation of 1793 prescribed the
scales of fee to be charged by the Vakils. The Legal Practitioners Act of 1853 and 1879 made
suitable amendments. 7 The Bar Council Act, 1926 was passed for the Constitution of Bar
Council for High Courts. It contains detailed provisions for admission and enrolment of
advocates and for professional misconduct.8
The Regulating Act of 1773 made a major change in the administration of justice. A Supreme
Court was established at Calcutta. By Indian High Courts Act, 1861, the Supreme & Sadar
Courts were amalgamated and separate High Courts of Calcutta, Madras and Bombay were
established. This led to an acute need for trained lawyers; and marked the beginning of formal
legal education in India. Law courses were started in the Hindu College, Calcutta; Elphinstone
College, Bombay; and at Madras by 1855.9 Thereafter several colleges were started to impart
legal education so to prepare practicing lawyers and judicial officers for subordinate courts.
The formal legal education in northern India, was first ever been started in the province of
Punjab in 1868. In 1874, vernacular classes in law were held to train the police personnel in
the State of Travancore. The same got converted into law school and the judge of the Sadar
court has been appointed as a professor of law.

IV. Legal Education in Post Independent India

The Constitution of India provides that, it shall be the duty of the Central government to
fix standards of higher education. Matters relating to the standards of higher education are
entrusted to the Union Government under entry 66, List I of the 7th Schedule.10 But education
forms part of List III, giving concurrent legislative powers to the Union and the States.

4
R.C Majumdar, The Mughal Empire (Bharatiya Vidya Bhavan, 2007), pp. 537-552
5
Animesh Mullick, Modern Indian History (Wisdom Press , 2012), pp. 129-138
6
https://blog.ipleaders.in
7
http://www.liiofindia.org
8
https://www.icj.org
9
M.P Jain, Outlines of Indian Legal History (Wadhwa and Company, 2004), p.696
10
Co-ordination and determination of standards in institutions for higher education r research and scientific and
technical institutions

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Pramana Research Journal ISSN NO: 2249-2976

Legal profession along with other professions fall under List III (Entry 26).11 However, the
Union is empowered to co-ordinate and determine standards in institutions for higher
education or research and scientific and technical institutions besides having exclusive
power, inter alia, pertaining to educational institutions of national importance,
professional, vocational or technical training and promotion of special studies or research.
Under Article 30(1) of the Constitution, all minorities whether based on religion or language,
shall have the right to establish and administer educational institutions of their choice. It
includes professional education also.12
In 1974, the Bar Council of India Trust was created by the Bar Council of India as a public
charitable trust to maintain professional standards in the legal profession and to make
improvements in legal education; by establishing law schools of excellence and promoting
legal research. In the 184th Report (2002), the Law Commission of India undertook a
comprehensive suo moto review of the structure and regulation of the professional legal
education and recommended the reintroduction of training; and examination by the Bar Council
of India. 13 The Commission has viewed that accreditation and quality assessment of law
schools in the country must be introduced by the BCI and UGC, so that healthy competition
environment may be generated. The Commission is of the view that there is an overwhelming
need to reintroduce appointment of adjunct teachers from lawyers and retired Judges on part-
time basis. 14
The Bar Council of India established a Directorate of Legal Education in 2010 for the
purpose of organizing, running, conducting, holding and administering: (a) Continuing Legal
Education (b) Teachers Training (c) Advanced Specialized Professional Courses (d) Education
Program for Indian students seeking registration after obtaining Law Degree from a Foreign
University (e) Seminar and Workshop (g) Legal Research and (h) any other assignment that
may be assigned to it by the Legal Education Committee and the Bar Council of India. The Bar
Council also formed its first Curriculum Development Committee (CDC) for the purpose of
facilitating Universities and institutions to formulate the course design in various courses in
law and other allied subjects. The Committee has emphasized faculty autonomy in designing
and conducting the courses in the University.

V. Bar Council of India - The Pivotal Institution

Empowered by the Constitution to legislate in respect of legal profession, the
Parliament enacted the Advocates Act, 1961, which brought uniformity in the system of legal
practitioners in the form of Advocates and provided for setting up of the Bar Council of
India (BCI) 15 and State Bar Councils in the States.16 The Act defined law graduate as a
person who has obtained a bachelor’s degree in law from any University established by law in
India.17 The Bar Council of India has the power to fix a minimum academic standard as
a pre-condition for commencement of a studies in law;18 and to recognize Universities whose
degree in law shall be taken as a qualification for enrolment as an advocate and for

11
Education including technical education, medical education and universities subject to the provisions of
entries 63, 64, 65 and 66 of List I
12
PA Inamdar v. State of Maharastra, AIR 2005 SC 3226
13
http://lawcommissionofindia.nic.in/reports/184threport-parti.pdf.
14
184th Report of Law Commission of India, 2002 on The Legal Education & Professional Training and Proposals
for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956
15
Section 4, Advocates Act,1961
16
Ibid., Section 3 See also, O.N. Mohindroo v. Bar Council of India, AIR 1968 SC 888
17
Ibid., Section 2 (h)
18
Ibid., Section 7 (1) (h)

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that purpose to visit and inspect Universities.19 Under the provisions of the Act,20a Legal
Education Committee was also established by the BCI. Though the motive behind the
formation of this committee was purely academic, it contains only one personnel from
academia.
The Act further empowers the BCI to make rules which may prescribe the standards of legal
education21 to be observed by Universities in India and the inspection of Universities for that
purpose. Part IV of the Bar Council of India Rules, 2009 deals exclusively with legal education.
It prescribes detailed list of subjects to be taught in the class rooms and internship; and
prescribes detailed curriculum of practical training and division of internal and external
evaluations.
In Bar Council of India v. Board of Management, Dayanand College of Law22 it was held
that, in the appointment of a Principal of a Law College, the Recommending Authority and the
State Government shall adhere to the requirements of the Advocates Act and the BCI rules. It
is therefore; clear that a candidate desiring enrolment as an advocate must fulfil the conditions
set out under the relevant Rules. In Indian Council of Legal Aid and Advice v. Bar Council of
India23 the fixation of the age of 45 years for enrolment was held to be unreasonable and
arbitrary and hence violative of the principle of equality enshrined in Article 14 of the
Constitution. The question of pre enrolment examination was discussed in Sudeer v. Bar
Council of India.24 The apex court observed that, the legislature did not think it fit to clothe the
State Bar Councils with the power to prescribe any pre-enrolment training and examination to
be undergone by an applicant for enrolment as an Advocate on the State roll.

VI. Role of the University Grants Commission

At the time of independence, there was a big debate on standardization of higher education.
Dr. S Radhakrishnan, Chairman of University Education Commission 1948, suggested for
improvements in law teaching also. The report says “We think that a degree course either in
Arts or Science should be pre-requisite and that this should be followed by three years of study
for the Bachelor of Laws, the last year being given over to practical applications, such as
reading in advocates' chambers and acquiring the art and familiarity with court room
procedures, and the like.”25
The University Grants Commission (UGC) was established as a statutory body in
November 1956 under the University Grants Commission Act, 1956. It is constituted for
promoting and coordinating University education. 26 Its regulatory character was succinctly
reaffirmed by the Supreme Court in Prof. Yashpal v State of Chattisgarh,27 the court observed,
“each private University shall be established by a separate State Act and shall conform to the
relevant provisions of the UGC Act, 1956. A private university shall be a unitary university
having adequate facilities for teaching, research, examination and extension services. The
programmes of study leading to a degree and/or a post-graduate degree or diploma offered by

19
Ibid., Section 7 (1) (i) See also, Bar Council of India v. Aparna Basu Mallick, 1994 SCC (2) 102
20
Ibid., Section 10 (2) (b)
21
Ibid., Section 49(1)(d)
22
(2007) 2 SCC 202
23
1995 SCC (1) 732
24
(1999) 3 SCC 176
25
https://www.educationforallinindia.com
26
Preamble of UGC Act 1956: An Act to make provision for the co-ordination and determination of standards
in Universities and for that purpose, to establish a University Grants Commission.
27
https://indiankanoon.org

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a private university shall conform to the relevant regulations of the UGC or the concerned
statutory body as amended from time to time.” Regulations framed by UGC prescribing
qualifications for teaching staff would override and prevail over all other legislations in this
regard, even the Parliamentary enactments.28
In 1990, the UGC, constituted a Curriculum Development Centre (CDC) with Professor
Upendra Baxi as Chairman, for designing new curriculum in law with a view to promote human
resources development. The CDC recognized three main challenges facing legal education: (i)
modernization of syllabi in order to make it socially relevant; (ii) multi-disciplinary enrichment
of law curricula; and (iii) corresponding pedagogic modifications. The CDC prepared a detailed
curriculum and syllabi for a number of courses. The aforesaid activities indicate the conjoint
responsibility which BCI and UGC share towards the regulation of the standards of legal
education. It is the consultative relationship between BCI and UGC which forms the backbone
of regulation of legal education standards in India. Further, the Supreme Court of India has
played a vital role in the functioning of legal education in India through its interventions time
to time. In its landmark judgment, Deepak Sibal v. Punjab University29 it was held that the
study of law should be encouraged as far as possible without any unreasonable intervention.
Admission to evening LL.B course cannot be denied on flimsy grounds, “a classification need
not be made with mathematical precision but, if there be little or no difference between the
persons or things which have been grouped together and those left out of the group, then the
classification cannot be said to be a reasonable one.”

VII. Role of Universities and Law Schools

Professor Michael Arthur, Vice-Chancellor, University of Leeds stated that the main
function of the university, really, is to make a significant contribution to civil society.
Obviously, the education that we provide to our students, preparing them for their contribution
to society is a key function. We create new knowledge. 30 In India there are 907 UGC approved
Universities. The total number comprises 399 State Universities, 48 Central Universities, 334
Private Universities and 126 Deemed Universities.31As far as legal education is concerned,
there are many autonomous Law Universities in India. In many States, however, the law
colleges are under the control of the Universities where the institution is affiliated. In such
institutions, the conduct of examinations, revision of syllabus, introduction of new subjects, etc
can be carried out only with the concurrence of the concerned Universities. This makes the
existing system of education largely unrelated to life and aspirations of the people; and hence
there is a wide gulf between its content and purposes and the concerns of national development.
The law schools are required to make strategic plans that set out a clear vision of
justice delivery and also address the emerging realities of the market. Goal of the law
schools should be to build a 'system of legal education' that promote an inter-disciplinary
approach of law with other social sciences. A person who studies law must have some
proficiency in country's history, political theory, economics and philosophy, to enable him/her
in becoming agents that participate in institutional changes.

28
University of Delhi v. Raj Singh AIR (1995) SC 33; Prem Chand Jain v. R. K. Chhabra, AIR 1984 SC 981
29
1989 SCR (1) 689
30
https://www.epigeum.com
31
https://www.ugc.ac.in

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VIII. Pedagogy
The method of teaching law always depends upon the objective of legal education. The aim
of legal education, in turn depends upon the purpose it serves in the society. It is mandatory
that everyone should know the law of the land. So legal education may be given in the
elementary school level; or as a graduation from a University; or as a professional degree to
practice or serve before a court of law; or for a legal post in the administrative department. For
a sound legal profession a sound system of legal education is the sina qua non. The objectives
of legal education in a professional course are (a) to equip students for legal profession (b) to
understand problems of the client and social issues (c) to understand legal principles and
legislations (d) to provide training in mock trials and moot courts (e) develop drafting and
pleading skills and (f) knowledge in professional ethics. Thus, legal education should aim at
furnishing skills and competence and also to strengthen judiciary and legal profession. In a
democratic country like India, the objectives of legal education are connected to social well-
being. Lawyers are considered as ‘social engineers’. Students are duty bound to develop
perceptions and to understand the values of society and to cherish those values and culture.
Legal education must consist of the study of law as it is; the study of how law came to be
what it is, and the study of the principles which must be employed to solve the problems of
what the law ought to be.32 The traditional methods of legal study are lecture method, case
method, discussion method, seminar method. The modern system of learning includes virtual
method and Clinical method of teaching.

 Lecture method is the oldest method of teaching. It is based on the philosophy of

idealism. This method refers to the explanation of the topic to the students. The
emphasis is on the presentation of the content. The teacher clarifies the content matter
to the students by using gestures, simple devices, by changing voice, change in position
and facial expressions. Teachers are more active and students are passive but the teacher
also asks questions to keep the students attentive.
 Case method is the core pedagogy of Harvard Law School since the early 20th century.
Content expertise beyond the case itself is helpful but not required. To assist both
experienced and new case-method teachers, each case has its own teaching plan: a
flexible road-map for the instructor that suggests specific questions, strategies for
eliciting key insights, and ideas for organizing student responses visually on a
blackboard. For some cases, more extensive supporting documents known as “teaching
notes” are available to fully brief the instructor on the relevant history and the multiple
levels of questions he or she might consider.33
 Discussion method is the most challenging teaching method. It is also called the
Socratic Method. Teacher would engage with his students by questions and dialogue.
Using discussions as a primary teaching method allows teacher to stimulate critical
thinking. Teacher establishes a rapport with his students; teacher can appreciate the
contributions of the student and challenging them to think more deeply and to articulate
their ideas more clearly. Frequent questions, whether asked by the teacher or by the
students, provide a means of measuring learning and exploring in-depth the key
concepts of the course.
 Seminar method, a group of people coming together for the discussion and learning
of specific techniques and topics. Usually there are several keynote speakers within
each seminar, and these speakers are usually experts in their own fields, or topics.

32
https://www.jstor.org
33
https://www.hbs.edu

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Several topic reviews are scheduled each day throughout the seminar, and attendees can
usually make their choice of topics from among these scheduled events.
 Virtual method promotes acquaintance with new technological means: Law
schools and universities should be able to provide e-courses on the shelves. The
teachers should put course materials on the Web, conduct on-line tests/assignments and
grade students. Web-sites can lead learners to virtual class-rooms. Teachers and
students should be oriented to look at the Web as an information provider.
 Clinical Legal Education: In the early history of clinical legal education in the United
States, most law school clinical programs were housed in “legal aid clinics” that served
the local low-income population. Similarly, the earliest Australian university clinical
programs established in the late 1970s were based in community legal centres. Clinical
methodology is most often described as “learning through doing” that is, teaching
through students’ participation in various aspects of the legal process under faculty
guidance and supervision. Its value is usually expressed in terms of achieving for
students a greater depth of understanding about the role and work of lawyers than is
possible in the traditional classroom, resulting from their personal involvement in the
projects that form the core of the clinical programme.34
IX. Conclusion and Suggestions
In India, law schools are “laboratories” where the BCI and the Universities are doing
experiments. For almost a century from 1857 to 1957 a stereotyped system of teaching of few
compulsory subjects existed in India. All law institutions followed lecture method of teaching.
The 1954 Setalvad Commission Report depicted a very dismal picture of legal education. At
the beginning of Post-Independence period legal education was taught as two year course after
graduation of a regular degree. It was only from 1958 that many Universities switched over to
three year law degree courses. Frequent changes are introduced in curriculum and pedagogy.
In 1984, five year LL.B course was introduced with 10+ 2+ 5 pattern and the law colleges and
Universities followed ‘year or annual’ scheme. Annual examinations were conducted by the
Universities. In the Five year Scheme, a student has to study Arts subjects in addition to the
law. Arts subjects were taught during the first two years of study. Later, in 2000, BCI has
changed the course structure as Semester Scheme with internal assessment. Again based on
2009 regulations, double degree Integrated 5 year LL.B programme was introduced in 2011 to
strengthen the legal education in India.
The Double Degree Five year integrated programme, was introduced to make students
more interested in LL.B education by introducing non legal subjects. As per Bar Council Rule
any subject can be added to LL.B curriculum like BSc, BA, B.Com, BBA, Nursing, Ayurveda,
Unani, B.Tech, MBBS etc. By adding two core subjects in a course, the attention of the students
will be diverted to two or more areas. The purpose of education is to acquire more knowledge
on a particular subject. When one aims a particular object, it is easy to achieve; but if one aims
two or more objects at the same time, chance is more for losing it. Hence, the present author
feels that the present legal education is in the wrong path. Non-law subjects have become part
and parcel of the Five year LL.B Degree course curriculum. The main purpose of adding non-
law subjects is to equalize the total law subjects taught in the three year LL.B with five year
LL.B course. This wrong policy adopted by the BCI should be changed. The five year
programme should be considered as a separate entity with high standard. The curriculum of
should re-drafted with law subjects only. This will give a predominance of five year course

34
N.R Madhava Menon (ed.), Clinical Legal Education (Eastern Book Company, 2011) p.26

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over three year course. This change will make the five year course more attractive to the socio-
economic sectors.
The worst situation in the LL.B course is the evaluation system. More than 70% of students
are depending on substandard guides and short notes as study material for the University
examinations. The average mark of the internal examination of a student of private/self-
financing college is 24 or 25 out of 25. Detailed study in the concerned subject and class room
discussion on the subjects are alien to students. Most of the Universities are still providing
mercy/super mercy chance to write university examinations. The valuation process is out dated.
Scoring of marks in external examination depends on the mood of the teachers. It is the high
time to switch over to online University examinations. On the whole, the changes brought in
last decade were ‘Utopian.’ There is no consistency and uniformity in the scheme of law
degree. So also the method of teaching should be changed. Students should have acquaintance
with real situations with the help of extension activities. The support and contributions of the
senior lawyers should be made mandatory. The absence of intervention between law schools
and courts as an institution of learning has been a major cause for law students being totally
unaware of the actual working of the procedural codes and often feels bewildered.”35
In US, prior to the 18th century legal education was primarily based on apprenticeship
training and self-study. From the late 19th and early 20th centuries, more and more individuals
sought a university based legal education. At this time, the American Bar Association (ABA),
a national association for lawyers in the United States, was founded. The ABA supported the
requirement of a university legal education as a requirement for the admission to practice law.
During early 1930, the ABA also began an ultimately successful campaign to make the study
of law a graduate level undertaking, which ultimately evolved into a three year course of study.
Professional legal education in the United States is a graduate level pursuit. The juris doctor
or juris doctorate (J.D.) is the primary professional degree and is a pre-requisite to licensing
for practice as an attorney in most of the United States. To enter law school, students are
generally expected to have successfully completed a four year undergraduate program and
received a Bachelor of Arts (B.A.) or a Bachelor of Science (B.S.) degree. 36 Thus, in U.S a
student will qualify law graduation only after a period of 7 years (4 years undergraduate
programme and 3 years J.D).
Apart from the ABA’s mandatory accreditation requirements, virtually all law schools seek
voluntary membership into the Association of American Law Schools (AALS) and the AALS
has a variety of membership requirements. The legal education in U.S is more professional
than administrative control. The mandatory recognition of the Bar Association and membership
in the professional body of AALS are important. The schools are enjoying more freedom in
curriculum and aiming more in achieving the objectives of legal education.
Law, legal education and development have become inter-related concepts in modern
developing countries. The main function of the legal education is to produce lawyers with
social vision. In India, we need a thorough change in the LL.B scheme, regulation and
curriculum. Following are some of the suggestions in this regard:
 The scheme of five year LL.B and three year LL.B should not be equated.
 Priority should be given to five year course; and curriculum should be streamlined with
law subjects only. Non-law subjects have to be removed from the syllabi.

35
Lokendra Mali &Dr. Manish Arora (ed.), The Chief Justice Speaks: Selected Judicial And Extra Judicial
Reflection of Justice A.M Ahmade (Universal Law Publishing, 2016), p.169
36
https://www.pilnet.org

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 Three year course should be abolished. Necessary changes may be made in the
Advocates Act, 1961.
 University Examination shall be online. 70% of the questions are to be objective type
and 30% to be problem solving. Legal education committee can contribute to the online
question bank system of the University.
 Compulsory In-service training to teachers in every two years.
 Good rapport with senior lawyers of the locality; and make it mandatory to discuss the
academic matters with senior lawyers and incorporate changes in the court proceedings
in the syllabi.
 Teachers should be impartial and free from corruption and bias. Assure the presence of
the teachers in the campus during the working hours.
 Teachers’ performance appraisal shall be evaluated by the Government and Bar
Council.
 College level committee headed by the Principal shall submit report quarterly to the
Government and Bar Council.
 Maintain College autonomy and discipline among students.
 Members of the Bar Council shall conduct regular visits and surprise visits to the Law
Colleges and Universities. Separate committee shall be constituted for surprise
inspection with sufficient representation of academicians.
 A nominal fee shall be collected from the students at the time of admission to LL.B
Course.
 Provide financial aid to poor and needy students.
 The service of the senior lawyers must be made available to legal education. This
service shall be considered as an added qualification in the selection of judges to higher
judiciary.

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