NATIONAL LAW UNIVERSITY ODISHA

LEGAL HISTORY

Project On

History of Legal Education in India

SUBMITTED TO:-

Prof. Abhay kumar

SUBMITTED BY:-

Ankit srivastava (2016/B.A.LL.B./018)

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 ACKNOWLEDGEMENT

We have been taught the subject of Legal history by our Respected Lecturer, Abhay Kumar,
who helped me through in the accomplishment of this project. My sincere thanks to the
Respected Lecturer, who helped me to gather the various sources through which I could give
final shape to the topic under study. He not only provided me with platform to compile but also
guided me at all levels.

I, also thank the members of the library staff and computer section for the cooperation in making
available the books and accessing the internet even during their free time.

I hope that the project in its present form shall be received by all.

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 RESEARCH METHODOLOGY

The study is a doctrinal study, it was a topic which took us to times back where legal education
was in need the most and knowledge of it was less. And project research was expressive in
nature with expository in the way to deal with subject. Both essential and auxiliary information
has been used. The method of reference took after by examination researchers in nineteenth
bluebook reference.

Scope

This paper shall make an Endeavour to lighten up the knowledge regarding The History of Legal
Education in India. By reading the project we get an idea what is legal education as well as
different aspects of it in Indian context. Also it throws light why it was necessary to impart legal
education.

Limitation

Over the span of time when I completed my research on my topic. I got a proper on the fact that
what my project means and I focused particularly on those factors so, that I would only stick to
my topic and I only focused on History of legal education in india and I have also given
historical aspects about why it was necessary.

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Research Questions

 Definition of Legal education.

Objectives

 To determine the meaning and types of legal education.

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 INRODUCTION

Law, legal education and developent have gotten to be between related ideas in present day creating
social orders which are attempting to form into social welfare states and are trying to improve the
financial state of the general population by peaceful means. The same is valid for India. It is the
significant capacity of legal education to create legal counselors with a social vision in a developing
nation like India. Be that as it may, the legal education, in present day times is not restricted to creation
of honing legal counselors alone. Today its degree and ambit has broaden up and its effect is felt in each
circle of human life. The law being an instrument for the social designing, legal education can be viewed
as an instrument for the social plan.

For any society, aging of human advancement is credited through the social cognizance of the centrality
of law. The historical backdrop of our own independence movement, if fair-mindedly composed, will
give a greater number of pages to legal advisors than to the votaries of whatever other business. It is
well accepted proposition that the Profession of Law is a noble calling and the members of the Legal
Profession occupy a very high status.1

As Law is the foindation of each society or a country, Legal Education of the individuals is a sine qua
none. Legal Education does not just make decent citizens, in any case, likewise creates splendid
academicians, visionary judges, astonishing legal counselors, and sensational legal scholars. Since law is
a method for social changes and monetary advance, since these four classes of men goes about as
impetus for the development of the society, the formation of these four gatherings of men ought to be
the point of the Legal Education.

The Legal Education in India for the most part alludes to the education of lawyers before section into
practice. The Legal Education in India is offered by the conventional universities 2 furthermore, the
particular law colleges and schools can be joined only after the fruition of an college degree or as a
coordinate degree. Legal Education determines its force from the financial, social and political set up of
the general public. Legal Education is a human science which outfits past methods, abilities and
capabilities the essential rationalities, belief systems, scrutinizes, and instrumentalities for the creation
and upkeep of an equitable society. 3

1
Plato (c.428 - 347 BC) The Laws, bk.XII, as observed in a Dictionary of Legal Quotations, Universal Law Publishing Co. Pvt. Ltd.
New Delhi, 5th Ed. 2004, p.110.
2
Universitas majostroum et scholarum signifies a body of masters and scholars, As observed in Smt. Ivaturi Sundari, Evaluation
of Legal Aid and Legal Literacy – Tools of Social Justice Ph.D. Thesis, Sri Padmavati Mahila Visvavidyalayam [Women‘s
University] Tirupati, Unpublished, 2012.
3
Report of ―The curriculum Development Centre in Law, Vol, U.G.C, New Delhi, 1990, p.12. available at
http://legalservicesindia.com visited on 28.04.2013 at 8pm.

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Historical Development of Legal Education
The historical backdrop of law connects closely to the improvement of human progress. Old Egyptian
law, dating as far back as 3000 BC, contained a common code that was most likely broken into twelve
books. By the 22nd century BC, the old Sumerian ruler Ur-Nammu had detailed the primary law code,
which comprised of casuistic articulations. The Old testament goes back to 1280 BC and appears as good
goals as suggestions for a decent society. Roman law was vigorously impacted by Greek rationality, yet
its definite guidelines were produced by expert legal scholars and were profoundly modern. Latin legal
maxims were aggregated for direction. In medieval Britain, royal courts built up an assemblage of point
of reference which later turned into the common law. The Napoleonic and German Codes became the
most influential. In contrast to English common law, which consists of enormous tomes of case law,
codes in small books are easy to export and easy for judges to apply. 4

The old Romans had schools of talk that gave preparing valuable to somebody arranging a profession as
a advocate, however there was no deliberate investigation of the law as such. During third century BCE,
Tiberious Coruncanius, the first plebeian pontifex maximus (chief of the priestly officials) gave public
legal instruction, and a class of jurisprudentes (non-priestly legal consultant) emerged. 5

LEGAL EDUCATION IN ANCIENT INDIA

There was an unpredictable and thorough legal system in ancient India. The idea of legal education in
India goes back to the Vedic age when it depended on the idea of Dharma. In spite of the fact that there
was no formal education to impart law, which can be comprehended all things considered law there was
Karma and Dharma was the fundamental greatness for each living person. training was self-acquired in
matters associated with Karma. The lords either used to administer justice themselves or name Judges
and assessors to direct justice.

In any case, there is no clue of any formal lawful instruction offered around then the training in law was
self-learning and for the most part the kings themselves administered justice. Incidentally, judges were
selected to impart justice. These judges were definitely not formally trained for administration of justice
yet were notable for their ―righteousness and justness‖ and for taking after Dharma. 6 The Vedas were
the unique wellsprings of law, and the Smiritis declared the message of the Vedas. The Smritikars were
incredible legal scholars, which were viewed as most antiquated pieces on law. 7 Dharma being the main

4
http://en.wikipedia.org/wiki/Law.
5
Gledon, Mary Ann Glendon is the Learned Hand Professor of Law at Harvard University and President of the Pontifical
Academy of Social Sciences.
6
Anand, A.S. J., H.L. Sarin Memorial Lecture: Legal Education in India — Past, Present and Future, (1998) 3
SCC (Bom) 1.
7
Sharma S.K, ―Legal Profession in India, Sociology of Law and Legal Profession : A study of
Relations between Lawyers and Their Clients, Rawat Publications, Jaipur, 1984. Observed in Prasad,
Mandava; ‘Legal Education in India : Role of Clinical Education in Developing, Institutionalizing and
Implementing a Social Justice Mission for Law Schools‘, Ph.D. Thesis, unpublished, Goa University, Goa,
2010.

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focus of the Hindu religion, isolate preparing likened to advanced lawful instruction was not felt to be
essential. Amid the antiquated period, lawful question were settled by intervention, transaction and
some type of discretion. In this manner, what we see to be advanced option question determination
components were the common techniques for determining debate in old India. Further, the law was
accepted to be clear to all, requiring no unpredictable human understanding. In this way, there can be
doubtlessly gatherings to a question in ancient Hindu law had a privilege to speak to in any case, such
representatives8 don't show up as free prepared third people relating to the Advocates, Vakil.

Along these lines, without a requirement for prepared legal professionals, there was no regulation of
legal education as a different branch yet the same could be said to have been conferred as a piece of
general instruction which rotated around the thought of Dharma. 9 Life in India amid this period was
straight forward and the type of legal strategy was less convoluted than that of western nations.

8
Ludo Rocher, "Lawyers in Classical Hindu Law", XIII (3 & 4) Indian Bar Review, 353 (1986).
9
1 Ibid

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