Page 80 - EW November 2023

ANNIVERSARY ESSAY

Building a globally respected

legal system by 2047

DR. C. RAJ KUMAR

S INDIA EMBARKS ON THE JOURNEY OF Law ought to become a foundational
100 years of freedom from 1947 to 2047, a very
important focus area is legal education and course of study in all disciplines — from
Adevelopment of the legal profession. There are engineering to medicine, from liberal
five major challenges, which need to urgently be addressed
to bring the legal system, notorious for prolixity and delay, arts to humanities, including the wider
back on track. gamut of social sciences
1. Addressing the mediocrity of law schools. We have
1,700 law schools in India. The Bar Council of India (BCI)
has recognised the need for urgent reform in legal education. civic consciousness for achieving responsible citizenship.
We are producing almost 1,00,000 lawyers every year. The Law ought to become a foundational course of study in all
speed and scale at which we are certifying law graduates disciplines from engineering to medicine; from liberal arts
is poorly matched with the quality of education, training, to humanities, including the wider gamut of social sciences.
capacity building and career opportunities available to law This will also help achieve the objective of NEP to break
students. We need to embrace the idea of democratisation down barriers of knowledge and promote interdisciplinary
of legal education by ensuring minimum standards of and multidisciplinary learning in our education ecosystem.
excellence in every law school, regardless of its private or 5. Recognising the role of public interest in law.
public status or its rural or urban institutional presence. Law and legal institutions are involved in building the social
2. Preparing the future of the legal profession. The structure and norms of society. They are also involved in
institutionalised mediocrity prevalent in many law schools establishing rules and regulations for governing the
has a direct and corollary impact on the legal profession. The relationship between state, private individuals and society
legal profession unfortunately is marred by a large number at large. The next 25 years of our effort to infuse these
of poorly educated and inadequately trained lawyers who values into legal education will shape the future of the legal
practice law. Their own plight is unfortunately bordering profession. The pursuit of public interest in law should
on impoverishment, with no vision or imagination for be differentiated from public interest lawyering. Public
participating in the effort to build a world-class legal interest is about the pursuit of common good and ought
system for India. Our aspiration for the India of 2047 ought to be undertaken in both public law and private contexts.
to be based upon a reimagination of the legal profession. The Way Forward: continuing legal education for
There is critical need for building endurance in the legal lawyers and judges. One of the most neglected aspects
profession as lawyers are important voices of civil society. of legal education and profession is near absence of any
Their contribution to the legal profession will strengthen serious effort to invest in continuing education of lawyers.
and improve the functioning of democratic institutions. There is urgent need for a National Lawyers’ Academy
3. Improving the selection of judges. Significant and State Lawyers’ Academy that will focus on training
attention has been given to the selection of judges in high and capacity building of qualified lawyers. This should be
courts and the Supreme Court of India. But little attention is given the highest priority by both the Central and state
paid to the development of the justice system in its entirety, governments. The unfortunate reality today is that we have
which to a large extent depends upon the qualifications, more than 50 million cases pending in India’s courts. This
competence, commitment and integrity of judges in the despite the fact that lawyers and judges across the board
lower courts. As of May 2022, India had a sanctioned work very hard and fulfill their responsibilities beyond the
strength of 25,628 judges. But the number of working judges call of duty.
is only 23,790 of which 34 are in the Supreme Court; 1,079 Therefore, we need to address the systemic barriers and
in the high courts and 22,677 in subordinate courts. We will institutional sclerosis that has crept into legal education
not be able to recruit good judges without reforming legal and the legal profession that has made continuing legal
education. Dramatic changes in law, social expectations of education a non-serious, non-academic endeavour. Law
the justice delivery system, advancements in science and schools ought to become centres of training and capacity
technology and new developments in the fields of public building for lawyers and judges making use of their
and private law require a new and imaginative approach to competence in higher legal education and research, their
legal education for competent judges of the future. mastery over specialised branches of law, and access to
4. Inspiring young people to study law. As a society, digital and disruptive technologies. This will help in the
we need to recognise the role and importance of lawyers ultimate transformation of the legal profession in India to
and inspire young people across the country to study law. ensure excellence, endurance and eminence by 2047.
Pursuit of the study of law should be undertaken with a view (An alumnus of Delhi, Oxford and Harvard Universities, Prof. C. Raj Kumar
to building an enlightened citizenry with a higher degree of is founding Vice Chancellor of O.P. Jindal Global University, Sonipat)

80 EDUCATIONWORLD NOVEMBER 2023