Lok Sabha Question No. 1864 (UNSTARRED), answered on 2024-08-02
Subject: Comprehensive Law Courses
Ministry: LAW AND JUSTICE
Asked by: Shri Dushyant Singh

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1864 TO BE ANSWERED ON FRIDAY, THE 02 nd  AUGUST, 2024

## Comprehensive Law Courses

1864. Shri Dushyant Singh:

Will the Minister of Law and Justice be pleased to state:

- (a) whether the Government is overseeing the curriculum of the law courses across country ensuring comprehensive inclusion of the emerging areas in the curriculum, and taking steps to make law courses more practical;
- (b) if so, the details thereof;
- (c) whether the Government is making any policy towards compulsory stipend to the students or law graduates who are working under the seniors as per specified norms;
- (d) if so, the details thereof and if not, the reasons therefor;
- (e) whether the Government has directed to the Bar Council of India to take urgent and effective measures to curb the proliferation of substandard law colleges in India and to ensure the quality and excellence of legal education and profession in the country; and
- (f) if so, the details thereof along with the action taken on the colleges which are not adhering to the standards prescribed during the previous year?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a) and (b): As per the provisions of Sections 7(l)(h) and (i) of the Advocates Act, 1961, the Bar Council of India (BCI), is entrusted with the function inter-alia of promoting and laying down the standards of legal education in the country. The legal Education Rules, 2008 lay down the mandatory minimum standards and requirements for legal education in India. The BCI has informed that it  periodically  reviews  and  updates  the  curriculum  to  ensure  that  it remains relevant  and comprehensive, and that it addresses the  changing needs of the legal profession. The BCI has encouraged the law schools to include emerging areas of law, such as  Intellectual  Property  Law,  Cyber  Law,  and  Environmental  Law, in  their  curriculum.  To make law courses more practical, the BCI has also introduced clinical legal education, which requires students to participate in internships, moot courts, and legal aid clinics. This helps students  gain  practical  experience  and  develop  their  skills  in  a  real-world  setting.  As  per vision of Hon'ble Prime Minister the BCI has issued circular to all Universities and Centres of Legal Education to incorporate subjects such as block chains, electronic discovery, cybersecurity,  robotics,  Artificial  Intelligence  and  bio-ethics  etc.  in  their  curricula.  Requisite Circular  has  also  been  issued  to  include  the  recently  introduced  three  Criminal  Laws i.e. Bharatiya  Nyaya  Sanhita,  2023,  the  Bharatiya  Nagarik  Suraksha  Sanhita,  2023,  and  the Bharatiya  Sakshya  Adhiniyam,  2023  in  the  curriculum.  Overall,  the  BCI  is  aware  that curriculum of law courses in India remains comprehensive, practical and relevant to the needs of the legal profession  and  ensures  that  the  graduates  are  well  equipped  to  handle contemporary legal challenges.

(c) and (d): Although, the BCI oversees the legal profession in India but it does not determine the fees for Advocates or Senior Advocates. Therefore, the matter of providing stipends to the junior advocates are totally at the discretion of the individual advocates and senior advocates. The BCI has further informed that the Delhi High Court vide order dated 25 th July, 2024 in the case of Simran Kumari vs BCI & Anrs., {W.P. (c) 10159/2024} has directed to consider representations regarding payment of minimum stipend to junior lawyers hired by advocates and senior advocates.

(e) and (f): The BCI as a regulatory body, maintains the standards of legal education. Several circulars  have  been  issued  by  BCI  to  State  Governments  and  Universities  to  meticulously scrutinise the applications of new law Colleges before granting them NOCs and affiliations. If  any  deficiencies  are  found  on  the  part  of  any  Centres  of  Legal  Educations  (CLEs),  the approval of affiliation are not granted. Moratorium to grant NOCs and affiliation to new law colleges  and  additional  sections  in  existing  centres  was  issued vide resolution  dated 11.08.2019  which  was  subsequently  overturned  by  Punjab  and  Haryana  High  Court  in  its order dated 04.12.2020. The BCI has also constituted a High-Level Committee headed by a former Chief Justice of High Court to identify such Centres of Legal Education which are not complying with the infrastructural, faculty, library and other requirements of Rules of Legal Education by conducting surprise inspections  of  these  Centres  of  Legal  Education  without their knowledge. On the basis of the Report of High-Powered Surprise Inspection Committee, the  BCI   conducts  rigorous  inspections  of  Centres  of  Legal  Educations  (CLEs).  Further, based on not meeting the standard, several CLEs have been barred from admitting students for  the  academic  year  2024-25.  The  BCI  has  also  launched  Legal  Education  portal  in December 2023, which has detected numerous irregularities committed by these CLEs which invite  stringent action by BCI.