LEGAL AND
CONSTITUTIONAL HISTORY
ASSIGNMENT

BY,
THAMIZHPARITHI K
14BLA1049

LEGAL EDUCATION AFTER INDEPENDENCE After independence the legal education transformed a lot in India. Independence made vast difference and rapid expansion in law in India. The Supreme Court has replaced the judicial committee of the Privy Council as the highest court in India. The High Courts are increased and the judges are also increased frequently. Law made crucial and vital role in the democratic society so not only the lawyers, the law teachers and the judges are concern about the Law and also the people who residing in our country. Law serve as the rules which is to be followed then it makes the economic and social change to the democratic country. The rule of law will be strengthened in India by promoting legal education and research in law. The lawyers are the pillars for the reformation of the society. The Constitution of India is the written guidelines for the lawyers. The Fundamental rights are the written human rights for the people so after enacting the Constitution of India in 1950 the Constitutional litigation increased. The socio-economic scene has also become active; with the ushering in of five year plans, great expansion of industry and commerce has taken place and a host of socio-economic laws have been enacted. Law is now being largely used by the people for their improvement socio-economic conditions. The public interest litigation become increased so the role of lawyers now viewed in larger prospective before the courts. “A citizen to be effective in enjoyment of his civic capacities, needs a basic knowledge of at least some aspects of law. Officials and others who perform important law roles, e.g., a policeman, business men or politicians – need an understanding of parts of the law and its underlying policies and values”. So the legal education made greater change in the social necessity. After Independence two developments should be noticeable in our country there are 1) Increase in number of students studying law and also the law schools and 2) Efforts to be taken to improve the legal education in our country. As a result of the legal education many institutions diagnosed a lot and made changes it was the inclusion of a lot of literature on the legal subject of Indian legal education.
UNIVERSITY EDUCATION COMMISSION It was appointed by the Government of India in 1948 to examine the quality University Education and to suggest the improvements in legal education. The commission pointed out that legal education in Europe and America, “legal education has long occupied a high niche among the learned curricula.” But in India the law colleges are generally in low ebb in the conditions. The study of law become the frequently risen positions of law or have acquired wide reputation as scholars without even entering practice. Law become the highly respectful study and the teachers of law enjoyed high respect. On one hand it become highly profound and enlightened research. Whenever the commission pointed out some important situation the main thing is inherent in our position as a dependent nation. In these days increase in the opportunities for lawyers was created but there is no demand for the burden of government, public service and legal transactions. The commission observed that importance of legal education is needed.

DIFFICULTIES DIAGNOSED There are several defects in legal education that are no-uniformity in the legal courses offered by different universities, some of the courses are in intermediate examination , few law teachers were not full-time and they are not fully paid so they discontinue their jobs for more salaries. Then some the colleges law courses are offered as subsidiary course. Then commission planned to reorganize our law colleges and improve their courses like foreign countries. SUGGESTIONS The law degree course should be sole degree which serve as the dual functions as lawyers and also the scholars. There must be pre-legal course before studying the law course. The course should be mainly deal with the Legal history, Constitutional law, International law, Fundamentals of Jurisprudence and also the Roman law. The Roman law was the interesting suggestion because it will be useful to study about the systematic body of development of law. Then after the LLB degree there must be the master degree or the Degree of Doctrine it will be useful to intensive and original investigation of some area in the cases. ALL INDIA BAR COMMITTEE REPORT The All India Bar Committee appointed on 1951 to improve the legal education. The report said that for the admission of legal course they should be graduated in arts, science or commerce. All India Bar Council which would consist of representatives of various council members. The Committee should have two judges, five persons to be elected by the All India Bar Council and five other persons from the Universities co-opted by these seven members. FIRST LAW COMMISSION OF INDIA The First Law Commission of India in the year 1958. In this Commission it diagnosed many defects in the law teaching Universities. Since after the Independence the law students and law teaching staffs proliferated suddenly but the quality of education decreased. The professional teaching staff become decreased due to the increase of students. Then teaching methods were also changed. The main purpose of the society is to teach law as the science and to gain knowledge about the society .The part time universities thing that it is enough for students to enter into the legal profession along with some general provision. But commission stated that mere legal education does lead the profession. In India law profession has different objectives. It has a view of entering the public services and other public related services. “There need be no conflict between an academic and practical training in law.” “A lawyer will be a better lawyer and a judge a better judge, if he has studied the science if law.”

RECOMMENDATIONS The commission made recommendations in the legal education. 1. There should be an entrance exam qualification before the admission of LLB course. 2. Duration law should be two years and it should teach like a science and also some principles. During this period Jurisprudence must be taught and Roman law should be omitted. 3. The bachelor degree should be useful for both academic and professional career. 4. If the person chooses to enter legal profession he/she should undergo practical training in the Bar Council. The practical training is must for all legal graduate. 5. Teaching of law should take part in the institutions. There must be full time teaching staffs for law institutions salary must be paid regularly. 6. The commission stated that Government should financially help the law teaching institutions to improve legal education. 7. The lecture method of teaching should be supplemented by seminars, group discussions, tutorials. Case-method should be adopted so far as it may be feasible 8. Those preferred law as main course they easily get the public and private employments. But person who chooses any course cannot easily adopt the method legal studies. 9. There must be research studies in all law teaching institutions and there must be doctorate course in all institutions. Research studies should be helped by the Government for financial support. 10. The main objective of the government is all law institutions should have uniform legal course and subjects. So it is helpful the students to well knowledge law profession.

UNIVERSITIES COMMITTEES ON LEGAL EDUCATION The several progressive law schools in the country converted law teaching from a part-time to a whole-vacation. Research studies were started to bring more interest among the students who are ready do higher studies. In India legal socio-economic environment was conductive to the development of legal education.
BOMBAY UNIVERSITY The Bombay University appointed their own commission in 1949 under the chairmanship of Justice M.C.Chagla, Chief Justice of Bombay High Court. Then next improving step of legal education was appointment by the Banaras Hindu University in 1962.The committee took necessary steps for improving a new programme and curriculum for the LL B. Degree of the University. The significant of this programme were 1) Increasing the duration of the LL B. Course from two years to three years after Graduation; 2) Introducing the new courses in LLB which are useful for the socio-economic environment in India; 3) Introducing the semester system within the examination ; 4) Excluding the traditional courses like Roman law. Then Ford Foundation in U.S.A offered financial help for banaras hindu University.
DELHI UNIVERSITY
The next improving steps for the legal education is University of Delhi in 1963 under the chairmanship of Chief Justice P.B.Gajendragadkar of the Supreme Court. The committee stated that law should be taught in English and also in Hindi ; there should be more senior posts in the faculty of law and the library faculty should be maintained and also three or four model National School should be established. As a result of the Committee’s Report, the University of Delhi introduced in 1966 a three year-six semester course for the LL B. Degree after Graduation. Under the scheme, a student has to take a University examination at the end of each semester and he offers five courses each semester. Thus, a student offers thirty courses to secure the LLB Degree.

BIBLIOGRAPHY 1. Outlines legal and constitutional history by MP JAIN. 2. V.K. Kulshrestha, Landmarks in Indian Legal and Constitutional History. 3. RaiKailash, History of Courts, Legislature and Legal Profession in India. 4. Mahajan V. D., Constitutional History.

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