NEP assignment

IMPACT OF NATIONAL EDUCATION POLICY IN LAW DISCIPLINE

OBJECTIVE:

The aim main of this paper is to identify the impact of national education policy in law discipline.

INTRODUCTION

Law can be looked with two perspectives. Firstly, set of rules and regulation with the idea of bringing peace and order to the society. Secondly, law is a source which looks deep in to the legal history and issues regarding equality, fairness and justice. Legal education thus focuses on two things i.e. to train future professionals with certain standards and to train future academic scholars. It is with reference to Entries 66, 77 and 78 of List I that the Parliament has enacted laws for the regulation of professional legal education in India. Two statutory bodies constituted under the above-mentioned laws are the Bar Council of India and the University Grants Commission. [1] "The Bar Council of India performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. They set standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate."[2]According to sec 7 0f  Advocates Act, 1961, functions to be performed by BCI is to promote legal education and to lay down standards of such education and to recognize Universities. It is the consultative relationship between BCI and UGC which forms the backbone of regulation of legal education standards in India. 184thReport on the Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 analyses in detail the conjoint responsibility of BCI and UGC towards the regulation of professional legal education. The suggestion of the report given by the 3 member committee appointed by the Supreme Court is that BCI's role is in supervising legal education in the country should be an academic one, considering its constitution as a professional body. [3]

There are few areas which needs further elaboration

·         Regulatory structure and accreditation: the new national education policy is intending to create a National Higher Education Regulatory Authority (NHERA).  This will be an independent authority which would replace all the existing individual regulators in higher education. The role of BCI and UGC will be limited. The only problem regarding the same is that this authority takes care of almost every sphere of higher education instilling a greater burden with themselves. Hence it is mandatory that some sort of expect committee like BCI, UGC should be there to regulate and to maintain the level of education from time to time. The authority is doing this task with the help of other smaller committee, but then this committee would anyway include the member personals from BCI and UGC creating no further distinction.

·         Professional development of faculty: here the desired expectation of the national education policy is 30:1 ratio. This means that for every 30 students 1 teacher should be allotted. In case of Christ (deemed to be university) where the total students in a batch is 300 with 5 different division. It's practically impossible to have such an outcome where the enrollment for that particular course is high. Also the infrastructure required for the same will also have to be met.

·         Optimal learning environment: the committee observed that the curricula are rigid and narrow. Often teachers lack autonomy to design the curricula. Hence they say that the educational institution should be given autonomy to design the curricula. As stated above the BCI is a body which also regulates legal education in India. there are certain subjects which ought to be taught to students irrespective of the fact that they choose academic career or professional career. BCI along with UGC prescribes certain mandatory courses that are beneficial for the students.

·         Liberal approach: the new national education policy proposes for common curricula and two areas of specialization. In law there are different areas of specialization available, but the concept of 30:1 student-teacher ratio may not be possible. Also there are this hot areas which most of them would choose for resulting in a huge enrollment for that particular specialization and leaving the seats vacant for other specialization. But the concept of specialization works only in case of academic career or for corporate fields and may not work efficiently if they go as practicing lawyers.

 CONCLUSION

The national education policy is actually a governmental step to enhance the quality of education in India, but they are actually leaping forward and not considering the existing situation. The main concentration is on research. The point which has to be considered is that there will be a majority of people who are not interested to research but are forced to do it because the curricula force them to do so.

 

 

 

 

 

 

 

 

 

 

 

REFERENCES

·         Constitution of India

·         Advocates Act 1961

·         The Bar Council of India

·         Bar Council Of India  Vs Bonnie Foi Law College & Ors.

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[1] Constitution of india, list 1 entries 66, 77 and 78. Advocates act 1961.

[3] Bar Council Of India  Vs Bonnie Foi Law College & Ors  SPECIAL LEAVE PETITION (NO.) 22337 OF 2008, Final Report Of The 3-Member Committee On Reform Of Legal Education.



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