High Court denies relief to Ll.B. student over attendance shortage

Source: Times of India

Students in professional degree courses must pursue their studies with all "seriousness and due diligence Delhi High Court has said, rejecting a student's plea to be permitted to appear in the LLB examination despite being short of the minimum attendance criterion. To read more please go to any of the following links:

http://timesofindia.indiatimes.com/articleshow/118584864.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Or

https://timesofindia.indiatimes.com/city/delhi/hc-denies-relief-to-llb-student-over-attendance-shortage/articleshow/118584864.cms

Bridging the Gap: What Law Schools in India Don't Teach

Source: BW Legal World

As we continue to evolve legal education, it is essential to ensure that our future lawyers are not only well-versed in the theoretical aspects of law but are also proficient in handling practical challenges. By integrating real-world experience with academic learning, we can better prepare our students for the dynamic landscape of law and justice writes Senior Corporate Lawyer Nitin Potdar.

To read more please go to the following link:

https://bwlegalworld.com/article/bridging-the-gap-what-law-schools-in-india-dont-teach-540492

BCI sets bar too high: govt-funded law colleges face closure

Source: Ahmedabad Mirror

Students burdened with hefty fees as govt-aided colleges struggle to meet Bar Council of India standards, face imminent closure. Amidst a growing controversy between the Gujarat government and the Bar Council of India (BCI), the state’s government-aided law colleges are on the verge of closure. This leaves aspiring law students facing the prospect of paying exorbitant fees in self-financed institutions. To read more please go to the following link:

https://www.ahmedabadmirror.com/bci-sets-bar-too-high-govt-funded-law-colleges-face-closure/81879566.html#goog_rewarded

5 lesser-known careers for law graduates

Source: India Today

In India, the legal profession is often synonymous with the courtroom, where lawyers passionately argue cases. However, a law degree opens doors to a myriad of other rewarding career paths, many of which remain relatively unexplored. It's time to shed light on these lesser-known avenues, encouraging law graduates to think beyond the traditional bench and bar. To read more please go to the following link:

https://www.indiatoday.in/education-today/featurephilia/story/5-lesser-known-careers-for-law-graduates-2605482-2024-09-24

SC passes interim order, allows final year law students to appear in AIBE 2024

Source: Hindustan Times

The Supreme Court on Friday allowed final-year law students to appear in the All India Bar Examination (AIBE). The exam is scheduled to take place on November 24, 2024. The interim order was passed by the SC while hearing a petition challenging the decision of the Bar Council of India (BCI) to exclude final-year law students from registering for the examination. To read more please go to the following link:

https://www.hindustantimes.com/education/competitive-exams/sc-passes-interim-order-allows-final-year-law-students-to-appear-in-aibe-2024-101726827984186.html

Bar council asks legal education institutions to add new criminal laws, mediation in curriculum

 Source: The Mint

• The BCI has written to CLEs, which include national law universities as well as private law colleges across the country, to train students to use the new criminal laws, passed by Parliament in late 2023 and enforced on 1 July. To read more please go to the following link:
• 
  
• https://www.livemint.com/news/india/bar-council-of-india-new-criminal-laws-mediation-legal-curriculum-law-ministry-ipc-crpc-bns-bnss-bsa-11722597313330.html

Law News and Updates 03-03-2021

Law News and Updates - Compiled by M&J Services - The Eclectic Law Bookstore. 

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SC to not share video conference links for hearings on WhatsApp group

https://tinyurl.com/y8f3cmae

Source: First Post

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BCI sets up India's first law teacher training institute

https://tinyurl.com/y8rpkk97

Source: Times of India

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When law tries to catch up with technology (and fails)

https://tinyurl.com/y84tqc32

Source: Economic Times

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SC questions what construes marital rape

https://tinyurl.com/yb7g449y

Source: New Indian Express

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Cheque dishonor cases can't be filed or continued against firms facing insolvency proceedings: SC

https://tinyurl.com/ycjby36x

Source: The Economic Times

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Can’t forgo quarantine period for divorce: High Court

https://tinyurl.com/ycqlvw4m

Source: Tribune India

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Supreme Court ends bail of over 2,000 prisoners given on Covid-19 ground

https://tinyurl.com/y75fxrka

Source: Hindustan Times

Disclaimer: Law News and Updates sources material from the public domain. Readers are advised to exercise their discretion and cross-check on the authenticity of the same. Law News and Updates will not be responsible for any consequences arising out of the use of the said material.

Law News and Updates 27-02-2021

Source: M&J Services - The Eclectic Law Bookstore. 

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Maharashtra: Law admission takes its own course, to close March-end

https://tinyurl.com/yc3b6zw2

Source: Times of India

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Not brought any new law, existing provisions give us power: Javadekar on new online content rules

https://tinyurl.com/y9wgkhtp

Source: India Today

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Shekhar Gupta: Indian judiciary and law of Habeas Porcus

https://tinyurl.com/y7q9hbvf

Source: Business Standard

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Disclaimer: Law News and Updates sources material from the public domain. Readers are advised to exercise their discretion and cross-check on the authenticity of the same. Law News and Updates will not be responsible for any consequences arising out of the use of the said material.

Studying law abroad: What can you do with a foreign degree in law?

 Source: Careers360

The largest number of foreign universities whose law degrees the Bar Council of India recognises is in the United Kingdom. However, a foreign law degree may present a few hurdles......

To read this article, go to the following link:

https://news.careers360.com/studying-law-abroad-what-can-you-do-foreign-degree-in-law

The Awakening Dawn : Legal Aid

Source: The LawZ magazine

Link to the article: https://lawzmag.com/2020/06/18/the-awakening-dawn-legal-aid/

Despite the fact that our legal system functions on the premise that ignorance of law is no excuse, still the achievement of ‘legal literacy’ in its absolute terms remains a myth. Everyone is ‘equal before law’, but beneath this surface there remains a profound inequality in the actual working of the legal system by reason of the indifference of the law to the ‘inequality between the rich and poor’.

Legal aid as Human Right is implicit and also clearly all pervasive. In a developing country like ours, ‘ legal aid’ acts as a catalyst for achieving standards of social and economic development. The aid and assistance of the community in an unequal member have an access to justice on equal footing with the powerful and the privileged is called legal aid, but the concept of legal aid and its content changes as per the needs of every society, as asserted in Maneka Gandhi’s case

By incorporating Art 39(a) into the Constitution on the basis of 42^nd Amendment the concept of legal aid has been brought  within the Constitutional framework and subsequently the Legal Service Authorities Act,1987 has been enacted. Section 12 of this Act prescribes the criteria for giving legal services to eligible persons. In the case of Khatri vs State of Bihar, the Hon’ble Apex court has held that free legal aid to poor under Article 39(a) applies even to granting of bail . The court opined in another leading case of Hussainara Khatoon vs State of Bihar that legal aid is a constitutional right .

It is necessary that people not only be aware of their rights and remedies, they must believe that the enforcement of such rights is possible and that they will get adequate remedies within a reasonable time, on a reasonable expense or no expense. The whole perception must change as  there is a direct relationship between the faith  the people have in an institution and the success of that institution.

The concept of legal aid embraces both the Preventive and Remedial aspects.  A country where over 70 per cent of the population still lives in villages ensuring effective legal literacy must entail that, essential legal provisions which guarantee basic  rights must be simplified and translated into the language of the common man.

In India there are places so remote and underprivileged that local people have no financial capacity to pay the legal fees. Their poverty and illiteracy leads them to believe that they are born with no rights and this very perception makes the notion of imparting 100 percent legal aid a myth.

These harsh realities convince us that proper dissemination of legal aid can only be done  when the ‘conception of rights’ reaches the mass at the grass root level.

• To make justice real, affordable and physically accessible, larger and closer associations of the primary institutions becomes essential. Thereby, the role of Nyaya Panchayat gains prominence. In order to bring about a positive change in the imparting of legal aid, judges must be sensitized to the problems of the poor, they can then assist the Nyaya Panchayat to render speedy justice at the doorsteps.
• A formal tie-up of the Bar Council with the law colleges throughout the country must also be institutionalized to disseminate information to the masses.
• The functions of the Central authority also extends to allocating funds to voluntary associations working at the grass root level for this cause. Here the role of voluntary organizations must be crystallised.

Scrutinizing the authenticity of the organization and the cause of its working and how effective it is must be well assessed by the responsible authorities prior to making them a part of this scheme.

On a number of occasions it has been observed that a NGO after being allotted the project and the necessary funds stops working on the proposed lines and is of no use to the cause. In order to eliminate such encumbrances, the concept of ‘social auditing’ must be introduced whereby the ‘accountability of their work’ is established and  they are made to realise that they are responsible to the people and not for the statistics.

Another important means of streamlining the system would be the inclusion of legal luminaries and educationalists with the NGO’s by the government itself in order to keep a check on the functioning of these voluntary organisations.

• The use of popular medium and traditional media platforms and the tactical use of local language in the hoardings, banners , posters and brochures etc can be employed as a means to an end.
• Innovative means of promoting the concept of legal aid shall be employed by setting up:

Roadside legal aid booths and other stalls in local melas(fairs) and exhibitions while setting up legal aid kiosks around petrol pumps, railway platforms , bus stands, local hospitals and other such places, mostly frequented by the masses.

Anganwadi workers have gained much prominence in the recent past over their contribution for the promotion of the cause of rural women, so their popularity must be tapped to bring about effective legal literacy amongst women.

If the seeds of legal education be sowed in the primary years of upbringing of a child, then it makes a very withstanding impact. Thus we shall propose the introduction of  ‘legal literacy or the need to incorporate knowledge of the basic rights’ as a part of the school curriculum. The appropriate course material and the content of the information must be discussed thoroughly keeping in mind the intake capability and level of interpretation , of a budding child.

The achievement of Legal literacy is not an easy task nor can it be accomplished by one or two institutions alone, however it can be made a reality if all the three organs of the state merge with the contribution of  NGO’s, law schools, international organisations, the media etc and every right spirited individual with the belief in ensuring the ‘Rule of law’.

How COVID-19 will impact law students

Source: https://www.legalcheek.com/

-- Aishah Hussain

To access this article go to the following link:
https://www.legalcheek.com/lc-careers-posts/how-covid-19-will-impact-law-students/

ULaw pro-vice chancellor Peter Crisp provides a big picture overview and draws parallels between the 2008 financial and coronavirus crises, ahead of his virtual appearance at ‘What COVID-19 means for future lawyers’

BCI Chairman: We are planning to introduce Continuous Legal Education for lawyers, they will have to undergo mandatory training for 15 days in a year

Source: www.latestlaws.com

Link to this article: https://www.latestlaws.com/latest-news/bci-chairman-we-are-planning-to-introduce-continuous-legal-education-for-lawyers-wherein-thebci-chairman-we-are-planning-to-introduce-continuous-legal-education-for-lawyers-they-will-have-to-undergo-mandatory-training-for-15-days-in-a-yeary-will-have-to-undergo-mandatory-training-for-15-days-in-a-year/

Bar Council of India Chairman, Manan Kumar Mishra has stated that,"From next academic session, mediation will be made compulsory subject for the law students to promote practice of mediation".

The observations made by BCI Chairman Manan Kumar Mishra came during webinar organized by LatestLaws.com on Future of Legal Profession and Education: During and Post Lockdown.

While answering an question pertaining to Continuous Legal Education, BCI Chairman stated that," BCI is planning to introduce Continuous Legal Education for lawyers wherein they will have to undergo mandatory training for 15 days in a year and periodical checks will be made to ensure that such training has been undertaken by the Advocate". 

While sharing his views of role of technology in Court Functioning, he stated that,"BCI is not in favour of long term use of virtual hearing even after the coronavirus pandemic is over". He further stated that, "Virtual Courts cannot be replacement of the open court hearing such idea has not been even implemented in foreign countries like US or UK".

He further stated that 80% Law Schools are imparting legal education through online portals. The Law Schools and law students have to be updated with use of technology and computers. But BCI is not in favour of long term use of online legal education  after lockdown is over and social distancing norms are removed".

While answering the question whether Bar Council of India can employ use online videos to educate lawyers via YouTube videos about video conferecing hearing, Senior Adv. Manan Kumar Mishra stated that," BCI is seriously considering this idea of making online videos to educate lawyers about how to use VC software and e-filing, very soon a decision will be taken on it".

Finding Real Life in Teaching Law Online

Source: The New Yorker (https://www.newyorker.com/culture/personal-history/finding-real-life-in-teaching-law-online)

-- Jeannie Suk Gerse

To read the author's experiences on teaching law online, click on the link
https://www.newyorker.com/culture/personal-history/finding-real-life-in-teaching-law-online

Training for law students to tackle cybercrimes and ragging on campus

Source: Hindustan Times dated 27.09.2019

MUMBAI : The Maharashtra State Legal Services Authority and Mumbai District Legal Services Authority (DLSA) plan to introduce a training programme for law students who want to become paralegal volunteers and help their peers deal with incidents of ragging and cyberbullying on campus.

Yatin Game, secretary of the Mumbai DLSA, said the authority conducted a seminar on anti-ragging and cybercrime at KC College, Churchgate, on Thursday. “After the seminar, we handed out forms for those who wish to register for the training programme,” said Game. “The seminar was held under the guidance of justice SC Dharmadhikari. Although law colleges are expected to have centres for such training, students often do not get enough on-ground exposure for paralegal training.”
Around 600 students from 33 colleges participated in the event. “Once the students understand the basics, they can undergo the training and then help their peers,” said Kavita Lalchandani, principal of KC Law College.

Last year, the DLSA had held a paralegal volunteer training workshop for 30 transgender persons, following which they were expected to help members of their community and provide aid at police stations, assist lawyers and help the authority during Lok Adalat sessions.

‘Most law graduates skipping litigation due to high NLU fees … senior lawyers are stingy when it comes to paying juniors’

Source: Times of India dated 18.9.2019

Faizan Mustafa , vice-chancellor of National Academy of Legal Studies and Research (Nalsar) and president of Consortium of National Law Universities, which conducts the common aptitude test and is responsible for improving standards of legal education in India, talks to Preeti Biswas about the challenges in improving the quality of legal education in India. He feels the fee structure influences the employment choices made by young lawyers:

Why are most law graduates seeking jobs in corporates instead of taking up litigation?

The reason behind establishing national law universities (NLUs) was to improve quality of bar and bench, and produce better lawyers and judges. Since governments are not funding NLUs, they largely act as self-financing institutions, charging a high fee. A majority of students take up loans, and join corporate firms to pay them back as senior lawyers are not coming forward to make attractive payments to junior lawyers who join them. Their own fees are high but they are stingy when it comes to paying juniors.

What is driving up the fee structure in NLUs?

Ideally, the Centre should support NLUs in a big way. However, after the planned system came to an end, NLUs are not receiving funding from the Centre. Since they are small institutions, they are not a priority of the state government either. There is a huge resource crunch which most NLUs are facing. With a new pay commission, increase in dearness allowance, increments in addition to bearing cost of goods and services tax, there has been fee hike in some institutions. We are trying to persuade the governments that there is huge public interest involved in legal education and government should not shy away from funding NLUs.

What would you attribute as the cause of the gap between national institutions and local institutions?

In a sea of mediocrity, we have a few islands of excellence in NLUs. We don’t appreciate the difference between these 21 NLUs and 1,400 law institutions in the country. The NLUs are barely admitting 2,200-2,400 students of the 60,000 candidates who appear for the common law aptitude test (CLAT) every year. Unless the quality of education in the 1,400 institutions improves, legal education at large will not improve. Therefore, every NLU should take up role of mentoring institutions which fall in their respective states.

Has the five-year model of law education in India met its purpose?

Yes, I think the five-year model has met its objective since it has revived the prestige of law as a discipline. Earlier, people took up law as a last option. But now, there are students who are giving a miss to engineering and medicine and pursuing law. However, the five-year model has resulted in a lack of diversity as students are admitted in Class 12. In early days, we had engineers, doctors and postgraduates pursuing law due to which the conversations around law were much varied and diverse.

In law studies, which areas of specialisation are gaining popularity?

There are upcoming branches such as intellectual property rights, shipping law, aviation law, telecommunication law, space law, water law and disaster management law.

A few decades ago, human rights too was an upcoming discipline. Nobody talks about human rights as a subject now. It’s a shame that human rights has lost relevance in law schools.

What are the trends that are reshaping legal education system in the country in terms of technology?

It is difficult to say that law schools are not using or benefitting from technological developments. IT law, cyber law, AI are also being taught in schools. Recently, a PhD was done on law related to drones in Nalsar. Generally, technology marches ahead and law follows. We would like to have law schools which do not lag in terms of offering courses as technology surges ahead.

What are the key reforms that can be expected in legal education?

The legal acumen section in CLAT is immoral. We have suggested that the legal acumen section should either be dropped or differently done. The consortium had recently decided that major portion of the CLAT fee will be given to different NLUs so that they offer student scholarships, improve amenities, e-resources, etc. We don’t do justice by conducting the exam only in English. Those not comfortable in English are excluded from these elite institutions. We have to find a way out to improve diversity by conducting CLAT in other languages.

Law students can write exams as per old rules

Source DNA dated 14.11.2018, p.2

After the Bombay High Court stayed the 60:40 exam pattern, i.e., 60 marks for theory and 40 for practicals, for law course this year, the Mumbai University has withdrawn its August circular on introducing a new exam pattern. This has brought great relief to the students who were against the newly-introduced pattern.

According to law students, a paucity of faculty in law colleges will make it difficult for the new pattern to be implemented successfully, since it lays stress on internal examinations.

Parthsarthi Saraf, a third-year student of GJ Advani Law College in Bandra, had filed a writ petition in October against the new exam pattern.

He added, “If the university wants to introduce the 60:40 exam pattern, they should rope in full-time faculties first. The lack of full-time faculties in Mumbai University law colleges will make implementation of this pattern impossible.”

Echoing the sentiments of Saraf, Sachin Pawar, an LLM student, said, “Mumbai University has issued a circular for all law professors asking them to follow Bombay High Court’s order and conduct law exams for the academic year 2018-19 as per the prevailing system. However, we are desperately waiting to get the new timetable. We have also written to the Vice Chancellor to bring to his notice that the law exams should not clash with company secretary exams, which will begin from December 20.”

An official from Mumbai University said, “The university has decided to issue a new timetable in the next two to three days. As soon as the HC stayed the new exam pattern, the university announced it has been postponed.

Uniformity needed for admissions in universities

Uniformity needed for admissions in universities
Source: DNA, November 13, 2018

Mumbai: The Bombay High Court has said that the Maharashtra government needs to have a uniform mechanism of the admission process for students in all its universities.

A division bench of Justices B R Gavai and M S Karnik observed earlier this month that there is a disparity in the admission process in some educational institutions.

It was hearing petitions filed by two students challenging decisions of two different colleges for refusing them admission to masters course in law.

According to the petitioners, they had inadvertently mentioned marks secured by them in the final year of their graduation instead of the average marks secured during their three-year degree course.

The bench noted that there is a disparity in the procedure followed in different colleges and universities on the issue of which marks are to be taken into consideration.

“On account of this disparity, students are suffering,” the court said.

In some universities, the marks obtained only in the last year are considered as those obtained in the graduation while some universities consider the average of the marks obtained in all the years’ examinations, as the final marks, it said.

“We find it appropriate that at least in all the universities, which are under the control of Maharashtra state, there should be some uniform practice on this issue. One uniform mechanism needs to be followed for admission procedure,” the court said.

The bench also said that a “hyper-technical” approach should not be adopted by universities and colleges while giving admissions to students of various courses. —PTI

Skill gap in the legal profession

Aid the legal eagles

Being good at proving your point or having a good convincing power is not the only quality required to become a lawyer. Experts tell Gauri Rane about the skill gap in the profession

Gauri Rane Source: DNA dated 7th August 2013

Most of us would remember Anil Kapoor as defense lawyer Arun Verma who consumes evidence to prove his client not guilty in the movie Meri Jung. This scene may not ring a bell, but the confidence and hunger to win, which Verma displays will forever be etched in memory.   A doctor’s son becomes a doctor; a lawyer’s a lawyer, this old saying continues to hold true even today. However there are many who do not have a lineage in the profession but nevertheless a desire to don the black cloak. The legal profession has seen a tremendous increase in the number of aspirants over the years. Senior Advocate at Bombay High Court, Shirish Gupte says that there is almost 75 per cent increase in the number of fresh graduates stepping into the legal arena every year. “We didn’t have much of a choice during our time. One could either become a doctor or a lawyer. Today, students make informed decisions to enter the profession,” he reminisces.  However, this increase in numbers is not necessarily a shine on the profession. Experts in the industry are unanimous when they say that graduates coming from various law schools in the country do not have the required skill set. There is a huge skill gap they say. “There is a huge disconnect between what students learn in a law school and the real world,” says Somasekhar Sundaresan, head Securities Law, J Sagar Associates. He lists the various gaps in the teaching methodology. “The course curriculum is not fact oriented. Students do not have practical knowledge, the application of facts which only practice can teach is missing.”    Sundaresan adds another reason for lack of quality in fresh graduates. “Students do not have access to lawyers who practice and hence do not understand the application of theory to real time,” he explains. Cyber expert Vijay Mukhi agrees with Sundaresan. “Our best lawyers do not spend enough time with law students, leaving the aspirants raw and with little knowledge about how to deal with litigation/ non litigation matters.” The reasons are not far to seek.  Law as career is lucrative only if one stands in the courtroom but, the remunerations are very low when it comes to academics. “If our teachers were compensated well, then this would not be the case. While our bright minds earn big bucks for a day’s appearance in the court, they get close to nothing for giving a lecture at a law school,” says Mukhi. Sundaresan has another point to make. He says, “Corporate firms offer a good pay package attracting quality lawyers. There are few who love the profession and want to mentor newcomers.”   While industry experts continue to debate on the visible skill gap, Sundaresan offers advice. “There needs to be a continuous industry academia exchange. Law schools need to stress on practical orientation of the course,” he says. Aspirants need to take up intensive internships in order to understand if he/ she is made for litigation/ non litigation career. Gupte explains, “For a career in litigation one needs to be a good orator, have command over language and most importantly be able to put his/ her point of view convincingly. Whereas for those pursuing non-litigation, a research oriented approach is important.” Law is not an easy profession; one must be up to date with not just the laws, amendments and various acts, but also keep a close eye on judgments that are passed. This means prospective lawyers need to be able to do continuous research and should have a good grasping power. Success solely depends on how many cases one has won. With a proper balance of theory, practical experience and continuous industry academia interactions the law aspirants might as well have a strong case.  gaurirane.zee@gmail.com

Taking legal studies online

For the love of Law

Gauri Rane, DNA dated Aug 07, 2013

Industry and academia may someday come at consensus on the curriculum and teaching methodology, but is one going to wait for that day? Considering students have an easy access to online medium of learning, it is obvious to cater to their needs through an online medium. As the programs offered address the learning and skills void, students and faculty alike are extremely receptive about taking a law course online. Such courses are gaining popularity as they can be taken anywhere, anytime and by anybody. The online module does not provide a law degree but provides students with knowledge and skills with respect to a particular subject.  Our students range from media professionals to CEOs, COOs, CFOs of large corporations and serving and retired IAS officers. They don’t have the time or inclination to go for a full time law degree and instead find the online programs a convenient and cost effective way of continuing their learning. A large percentage of our ‘students’ are non-lawyers who simply want to acquire expertise on a particular subject.  For e.g.: investment bankers are keen on taking our program on Mergers & Acquisition laws that can provide them with a strong foundation of the legal framework governing M&A transactions. Having said this, I do not believe that online learning will replace classroom learning. On the contrary, online learning will supplement and enhance the classroom learning experience.  — As told to Gauri Rane by Alex Anthony, Founder, www.mylaw.net