We bring you a guest post from Kshitij Malhotra on a topic close to my heart.But these schools are few and far between and we need more such degree programs.
However, I’m not so sure that Kshitij’s proposal that lateral entry be permitted for graduates from other disciplines to the NLU’s (in the 3rd year) is a viable one. Most national law schools do not just offer BA subjects (social science courses such as economics and sociology) in their first two years. Rather they intersperse it with a good sprinkling of basic legal subjects as well. This appears sensible policy to me, as students need some sense of the law in their first two years. A thoroughly compartmentalised BA vs LLB program defeats the very purpose of an integrated BA LLB course. And if this were to be the case, we may as well have just had separate BA and LLB courses and degrees.
Without much ado, I give you Kshitij’s thoughtful musings on this theme. But first, a little background on Kshitij:
He is a qualified chemical engineer from Indraprastha University, and a student of law at University of Delhi (LC2). He is a registered patent agent, and working as a patent professional since 2006. Presently, he is involved with a start up company in Intellectual property service domain. Before working with this start up, he had a brief stint at an IP law firm, ZeusIP Advocates. He started his career from a knowledge process outsourcing company, Evalueserve.
Lack of 3 year LLB programs at top law schools: Restricting access to quality legal education
Gone are the days, when the term lawyer imaged a black robed guy sitting in a court chamber. Lawyers are now commonly seen in the carpeted bays of corporate offices. The practice has moved from saving shady criminals to overseeing merging of multi-national companies. From contending a family feud over a piece of land to getting injunctions over intellectual property infringement. Certainly, the legal profession is rapidly evolving, and so are the firms in the legal services industry. Cross-domain professionals are now highly sought. Company Secretaries well aware of business and compliance laws, Charted accountants that are versed with tax laws and PHDs that are well versed with patent laws.
Such professionals are accepted with open arms, and of course remunerated very well. Going forward, there seems to be an optimistic demand in the industry regarding such professionals. However, the concerns remain regarding the supply. The question therefore arises whether our legal education system is providing doctors, engineers, PHDs, CAs and civil administrators with enough opportunities to access quality education? The Bar Council of India, the body responsible for accreditation of courses at law schools, prescribes two streams of law courses required to be enrolled as an advocate viz. a 5 year integrated LLB degree open for students after 10+2 or 11+1, and a 3 year law course for graduates. The onus of choosing what to offer rests on the law schools.
At present, none of the top law schools including NLSIU, NLUI, NALSAR and NUJS, provide 3 year LLB programs (although initially few of the top law schools did offer 3 year LLB programs, but, then they gradually moved to the 5 year programs). This leaves graduates, and more importantly professionals, with very few options to pursue quality legal education. The reasons for not providing 3 year LLB programs are best known to these law schools. Some suggest that 5 year programs are easy to mange, and students are able to save a year in completing their education.
However, most often than not lack of interest in students for 3 year LLB courses is quoted as an excuse. But, is lack of interest really a justified reason to restrict these programs? Recently, IIT Kharagpur started a 3 year LLB program restricted to engineers, doctors and post graduate in sciences, and it has been a success. The 3 year LLB program at University of Delhi (the only program that has some credibility and quality) has always been well attended by professionals from civil administration, police, corporate, engineering, and information technology, and most of them enter into the legal profession as a litigator or a consultant, after the completion of the program.
Jindal Global Law School, probably the first law school set up with a vision of providing globalized education in India, has also instituted a 3 year LLB program. 3 year LLB programs at other universities, such as Banaras Hindu University and Banglore University, are also seriously attended. This clearly shows that takers of 3 year LLB programs have always been present.
Another reason given by administrators is that professionals do not consider study of law seriously, and only see it as a part time vocation. Law is serious business, and market forces cannot be allowed to govern studies in law. This argument though partly true, is not true in its entirety. Lackadaisical attitude has been prevalent in many students regarding legal education, wherein working professionals pursue LLB programs with a typical “ho jayega” (we will manage it somehow) attitude, and wherein graduates pursue LLB programs with a typical “kuch nahin se kuch to sahi” (better study law then do nothing) attitude.
However, this does not mandate closing the doors of quality education for professionals who are serious about studying law. I am sure, if given an opportunity of studying at top law schools of the country, a professional will definitely think of means to balance professional occupation with studies, and even might think of taking a sabbatical. Also, when a professional decides upon pursuing legal education, then his/her decision is based on much more deliberated grounds as compared to the decision of a typical teenager, who usually enters these top law schools right after completing schooling.
Also, opening up 3 year LLB courses does not mean compensating standards of education, such as relaxing minimum attendance criteria etc. Neither does it mean mandatory setting up of evening classes. Maintaining the standards of education is always in the hands of administrators. However, having evening classes scheduled for students, who are needy and want to work side by side for their sustenance, might not be a bad idea. Offering late evening classes has been a known concept at the B-schools in India. University of Delhi successfully runs an evening program at two of its centres. The onus of meeting the expectation of a law program is completely on the students enrolled at the program. In fact, the strict curriculum and attendance policies (some of which requires a minimum attendance of 75 percent) will automatically instill a sense of urgency and seriousness, if lacking in enrolled students.
The old Bar Council of India (BCI) rules (rule 5, 7 and 8 of section A) mandated all law schools to provide an option of lateral entry in their 5 year LLB courses, wherein graduate and post graduate students can enter the 3rd year of such programs. Notwithstanding, the concept of lateral entry might not be an attractive proposition anyway for professionals as this would mean studying with fellows, who are easily 5-6 years junior to them. This at least provided flexibility to professionals, post graduates and graduates to enter laterally into the 5 year LLB programs. However, these rules have been scrapped by the BCI and the latest set of BCI rules (rule 13 of Section A) prohibits such lateral entry and exit. In fact, the latest proposed rules of the BCI suggest implementation of an age bar to the entry of both 5 year and 3 year LLB programs. As per the proposed rules, no candidate above the age of 20 would be admitted to the 5 year LLB program, and nobody above 30 years of age will be allowed to join the 3 year LLB program. Imposition of such bar is not at all mandated.
On one hand, policy makers consider law to be sacred and a profession of the mature, and on the other hand, they are restricting entry of experienced and learned administrators, police officers, doctors and scientists into the profession!
Therefore, a review of 3 year LLB policy at top law schools is highly desirable. Further, a review of lateral entry to 5 year LLB by the BCI is also necessary as this might provide means for professionals and graduates to pursue quality legal education. Opening up evening classes on the lines of law program at University of Delhi can also be looked upon. Until then, it might be fair to say that our legal education system, which is supposed to imbibe the philosophies of justice, might be ignorantly or intentionally imparting injustice to law aspirants, and especially to a class of professionals including civil administrators, engineers, doctors, PHDs, CAs and CS. Excluding such a class of professionals will not only ruin the chances of taking up the level of legal profession in India, but might also ruin any chances of having domino effects on the standards of our judiciary.
I beleive that a 3 yr degree course in Commerce helps a young/ fresh lawyer to understand much better the balance sheet and related aspects when he is a part of a MnA team.. similar to the logic of engineers/ BSc folks going to the IITK IP law school.
I have had this debate with 5yr students of my alma-mater and from NLUs as well – this is a point that they are not ready to concede/ even consider taht they miss things like basic accounts but will be thrown in due diligence/ corporate structures when they join a corporate law firm.
Freq. Anon.
In simple words, I put down the real equation of legal education in India. MBA in Law= 5 years law, LLb= 3 years law
Very well written article. May be i liked it more coz it was written from a ‘neutral’ point of view of a ‘graduate (engineer)’ 🙂
But I would like to clear one position. I agree that DU has been the only institute providing credible and recognised 3 yr. LL.B course but disbelieving the reputation of other colleges (just because they are not in Delhi) is unacceptable to me.
There are not only colleges like RGSOIPL (@ IIT Kharagpur)but also several other colleges imparting legal education to graduates (check out the list for Mumbai, colleges from GLC to D Y Patil, almost every 2nd college has a reputed and a widely accepted 3 yr LL.B. course)
Moreover, I disagree with the author when he says that more people can be attracted by having evening classes only. When he agrees that ‘maintaining standards’ is most important thing then why not stick to it. If the top MBA Schools in India (or for that matter in the world) can have a compulsory requirement of being ‘graduate’ and ‘work experience’ is given quite a huge amount of credit, then why to differentiate between this ‘professional education’ and any other course.
My vote goes to setting up of more full-time 3 year LL.B. Programs, with as strict attendance and all other norms as BCI mandates for a 5 yr course. By this, according to me, the issue of ‘non serious’ people can also be solved as these courses would attract only those who love the profession and are ready to dedicate themselves to the rigour it calls for.
One other argument in favour of a Graduate/Lateral person being offered a 3 yr LL.B. course would be that the maturity level, with which the person enters the course, is much better than a 10+2 student and hence, there can be a very good chance that a better breed and creed of lawyers are produced in much easier manner. (I am open to criticism to this particular para, which I am sure would be pouring in, but to my experience, this fact would always hold true)
@ Prashant – I accept your point. Highlighting or pointing out one particular course or college was not the intention of the article. I am a student at DU, and, I would rate the program as only above average. The emphasis throughout was to highlight the problem of lack of 3 year LLB programs, and restricted access to quality education for many.
I did mention about IIT Kharagpur law program, Jindal law school and other law programs with equal emphasis in the article. So you could give me the benefit of doubt in missing names of other reputed 3 year LLB programs.
Moreover, I would like to clarify that having evening classes might only be one way of increasing the takers of the 3 year LLB program and “not the only way”. It is a personal opinion, which is based on how quality B-schools provide management education to working professionals. Responses to executive or programs for working professional at B-schools, such as IIML, MDI, IIFT, IIT, have always been great. Having evening classes is also well known culture at law schools abroad. So what is the harm in allowing students to pursue their profession and legal education? Maintain the standards of education including the passing marks, moot court participation etc. I request you to please consider it as a proposition, and not a mandate.
On another note, I can take some of the criticism that will be coming your way as I totally agree with your point regarding maturity level. For me the decision to attend a law school after engineering was based on the zeal to expand my learning of the subject I was professing. It will never be a decision that I will repent. I am not sure whether a student, who has just come out of school, can say that with same surety.
First of all, I thank the author for this write-up. I liked it becoz it mostly reads the mind of those professionals who wish to aspire law but somehow find it a tight ropewalker’s task in maintaining the work pressure and law degree. I became “passionate” after reading the post as I am going through the same nowadays. A plight arises when one wants to pursue the law after a good “educational gap” and especially when your hands do not follow your urge for “legible” handwriting and keyboards are found to be more sympathetic.
It is really unfortunate that premier law institutions do not prefer 3 years LLB. And top of all, it is disheartening to say that already graduates do not take law seriously and consider it as part time vocation. Actually it is important to see that if a person is already a post graduate or Phd or a CA or medico doctor or for that matter any other professional, why will he waste his time and energy (money as well) in acquiring one more basic law degree? is it fair to consider him lenient in pursuing his law? The system should be chalked out in such a way so that professionals who want to be “good lawyers” (and not just barely passed degree holders), should be encouraged.
I have few suggestions with respect to 3 years LLB course in general. My observations are based on Pune University’s 3years LLB conducted in various colleges coming under the said Univ.
1. The LLB should be focussed on a specific domain like we have graduations in Microbiology, Chemistry, Statistics, etc. Thus, it should be specific to a particular domain in law like IPRs, Labour laws, Banking and Finance, Family law, etc
2. As law comes under humanities, people from scientific background do have problems in answering the questions at exams especially writing the things synoptically. Sometimes the research methodology also differs. Thus the course should give emphasis at such weaknesses of the prospective students
3. A lawyer earns on his tongue. So the course should also include an exercise which grooms the vocabulary and personality of the person. Most of the professionals come from fairly sound technical background but for lawyership, certain other skills should also be polished like argumentative skills, analytical skills, advocacy skills, etc.
4. As already discussed, the course is desirable to be held in evening classes. In short, time availability of the professionals like weekends, evenings shld be considered.
Most of the things are already covered in the article so there is no need to say much.
Many regards
SC
I just read Shamnad’s blog on this topic. We are talking about reforms in 3 year LLB programs. However, the position of BCI seems to be of abolition.
I guess top schools need to seriously reconsider their policy. All is in there hands. I believe, there should be at least one quality program in each major city. Management of these programs (evening/weekend/regular) should be left to the administrators. Realistically, these top schools can not do much until, they have to share BCI’s vision.
I was the first commentor here.
Some more thoughts:
if you look at US and UK – where I work with other patent counsel – these folks are folks who entered the law profession after quite a few years of research.
So abolition of 3 years course is akin to telling that you cannot move from RnD to LLB.
Next:
I would also like to share my observations on why the 3 yr LLB is loosing its value.
As has rightly been pointed, the colleges and students are NOT serious on attendance, due to various factors on either side.
In fact, in Hyderabad, I note that while the University asks for a 75% official attendance, it accepts a 66% attendance, if the student pays a fine + submits a medical certificate. And how the student even shows the 66% attendance is a joke – one that resonates well with colleges in Mumbai for instance, which run the 3 yr evening LLB program.
I will come back to my main premise – I personally think that the 3 yr program – after a first degree actually creates great lawyers out of students who are serious at it.
It is unfortunate that the 3 yr program across most colleges has become a haven for people who want another / additional degree and are happy to show off LLB.
I would like the attendance criteria – required for instance by HYD or Mumbai university – being very stringently implemented at various participating colleges.
& before I sign off, I have junior acquaintainces in at least 2 National law schools – and I can assure you – the folks there though better at attendance, are no saints. They have thier fair share of people who miss attendance – arguably not as bad as the working segment 3 yr folks – but what matters is that the law program should become more stringent at attendance for every 1.
After all, medical students cannot become doctors keeping similar attendance 🙂
PS: I do agree on implementing courses on vocabulary/ logic – and not just standard moots – which tend to be fiefdoms 🙂
Jindal Global Law School, probably the first law school.It gives a vision of providing globalized education in India. It has also instituted a 3 year LLB program. This clearly shows that takers of 3 year LLB programs have always been present.
Law courses
my name is sivakrishna. i am pursuing btech in ap.now i am in 2nd yr ,i want to become a professional lawyer,after my completion of b tech i will join in law college, my ambition is to become a lawyer and iam not short of any advocate skills,is the 3 yr llb course makes me a proffesional lawyer,no doubt i try my best so no lack in my concentration, sorry if anything stated is wrong as i dont have much informaion .