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Published: Fri, 02 Feb 2018
Impact of Globalization on Legal Education in India
What does globalization mean?
Globalization as “the diminution or elimination of state-enforced restrictions on exchanges across borders and the increasingly integrated and complex global system of production and exchange that has emerged as a result.
Further, Globalization is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. This process has effects on the environment, on culture, on political systems, Legal domain, on economic development and prosperity, and on human physical well-being in societies around the world.
There is significant change in legal education from pre Globalization to past Globalization era. The legal understandings which were unaware previously now are showing their emergence in legal education in India. Many new and exciting branches of legal education have started hitting hard in legal framework. Before Globalization and melting down of international boundaries it was all seems very unrealistic but in this free and developing world legal education has wore an entirely new mass which couldn’t be think of earlier. So many new activities have been planted in legal journey like new subjects, extracurricular activities, internships in law firms’ international and national both. In pre Globalized era much emphasis wasn’t even given on legal education. Law as a subject was treated as a last option for students when they couldn’t get fixed in any other field. There were not many institutions which particularly deal with legal education it was a side way stream. No proper framework was there to further the cause of legal students.
But as the Globalization took over the charge and got recognition through the development of economies all over the park and played a central role in landing almost all the countries in one stage so much so that now it is felt that there should be uniform law everywhere. At staring point we were mostly concerned with the lecture or theoretical classes gradually with advancement and better understanding of law at global front we introduced case law studies in the curriculum as well which had made a difference in approach of students, now they are better acquaint with interpretation of law which is applied by judges in deciding cases and it has made a forward step in their reasoning too. With these happenings legal education also progressed in big way and was largely influenced by Globalization. Today we have an integrated version of legal education which is stretching its wings every passing day. Special attention is now paid and continuous efforts are made towards making Indian legal education at par with foreign countries.
Every person wants to live in a free and fair society and the basic element of a free and fair society is a ‘well functioning legal system.’ One of the essentials of a successful legal system is to provide all the facilities and requirements of the peoples. Usually a legal system may frame a good system by conflating culture in it. As some of the jurists indicate that ‘rule of law’ makes a system good legal system. Rule of Law was defined by Prof. A.V Dicey as “The supremacy of Law, which means all person (individual and government) are subject to law. In India, the legal profession and legal education both are administered by the Bar Council of India. The Indian legal rules including the constitution of India are flexible because a rigid law can’t survive in progressive society and in context to this the law usually changes from time to time towards the progressive future of Indian society.
With the starting of the twenty first century, India introduced radical reforms with vital significance in the name of Globalization. Globalization is not a bad idea; actually it pursues its framework within the confines of a larger framework of international solidarity. In figuring out the vision of future India, it is very important to go ahead with the present meaning there by we have to think beyond the immediate past. If we enter to the Legal Education world then we will come to know that Indian Legal system has expanded exponentially over the past five decades, but its current achievement are grossly inadequate for the nation to realize its potential greatness. So this is the great opportunity for India to get globalization in the Indian legal system. To regulate a society as well, we need a judiciary for the good governance and this motive may be complete only when we have a competent and knowledgeable soul. To perform this purpose, recently in a meeting decided that Legal Education is both a ‘value education’ relating to human behavior and also ‘professional education’. Whereas Universities are and have to be, more concerned in Legal education as value education, the professional part of legal education is required to be standardized by the Bar Council of India in consultation with Universities and State Bar Councils to attain higher level of professional skills and specialized knowledge. It is required that the Bar Council of India to take full advantage for forcefully enforcing the New Rules for Legal Education for upgrading the standard of professional legal education in the country.
Ironically, Globalization is one of the methods which impact in a positive way because by this we will connect with the other legal systems of the various countries and when we develop with other legal system then certainly we will arrive to the progressive ways of the more developed countries in the area of legal world. The effect of globalization in the higher education has been really beneficial. This helps in creating more challenging and running atmosphere in the law college with a new excitement in the new blood. Now, we have a much a better strategy than earlier. A new concept in the legal education world decay when the five year integrated course came into existence, while earlier a student of law had to spend six years, now he can directly go to legal field and may complete his course within five year. In this domain National Law School, Bangalore, has shown great effort and many products of this collage are working in every corner of the world. In the same spirit now we have other collages who adopted the same method to impart legal education. So continuous development is occupying place and every day more and more challenges are knocking on the door but it doesn’t mean that only comparative atmosphere is looming but new opportunities also. As Professor C. Raj Kumar said, “Globalization has posed multiple challenges to the future of legal education in India, but it has provided an opportunity to challenge the status quo, which is an essential condition for seeking any reform.”
As it is stated that to have a successful legal system, there must be a ‘rule of law’, and to contend this we need some qualified soul and in this regard the role of lawyers and the judges mainly in interpretation is very crucial. So, we need to robust the mettle of the future lawyers and further the mythology of the law collages and swim this according to global legal education system and it is being done by the authorities which are responsible for them that’s why the legal system of India be changed to way of international legalities.
Development in Legal Education in India through Globalization
With Globalization many opportunities have come on scene, now we are no more concerned with the traditional law subjects like Constitution Law, Criminal Law, Tort, Contract and Jurisprudence but many new streams are emerging with each day. Cyber law, Space law, Intellectual Property Right; all are new concepts which unheard of previously. So the scope of a Law student has expanded by leaps and bounds. This has became a reality through Globalization with fast changing world we are experiencing new crimes and to counter them we need to get accustomed to new laws.
If we talk in context of cyber law then we should know that India is an IT hub. We hold a major share in software development, so we are in great danger of Cyber Attacks and to overpower them we need cyber law and that too at uniform level across the globe so Globalization had its role to play. In India we have cyber laws and now students are getting a feel of it, many courses are introduced to enlighten the minds of students in this regard. Recently, We have faced cyber attack on Maharashtra website which was hacked in Sep,07 other incident was when State Bank of India website on Dec’08 and latest case is hacking of Tata Consultancy Services website, to curb these mishappenings in future we need to consolidate our cyber laws which we are doing already. Not only in India, but the whole world is experiencing similar problems so this situation is taken care by special law named ‘cyber law’ but as far as cyber law is concerned still the jurisdiction of this law is not defined so without understanding and implementing this law at the international level, we can’t make out something from it, now, our universities related to law started this course and due to this students getting acknowledged in this area. With the blowing wind of Globalization our legal education is making a switchover to this Ocean of law. Cyber law today, on a bigger picture, is at an early stage of development. Just as different civilizations and societies in history have taken time to develop and refine their legal systems, in the case of Internet too, cyber law is constantly being evolved. As new opportunities and challenges are surfacing different countries in different parts of the world are adopting their own strategies to this new field. A very innovative and exciting course started for security purpose in the cyber lane named ‘ethical hacking.’ The Certified Security Testing Associate provides this course to students where number of Indian students also per suing this course and benefiting from it. The course also explores the usage of Trojans and Root kits, which have become increasingly important elements of the ethical hacking arena. An ethical hacker is a computer and network expert who attacks a security system on behalf of its owners, seeking vulnerabilities that a malicious hacker could exploit. To test a security system, ethical hackers use the same methods as their less principled counterparts, but report problems instead of taking advantage of them.
Space law is another term which was unheard 10 years back but India is stepping into shoes of this law as well. Ram Manohar Lohia National Law University, Lucknow had planned for one year Diploma Course in Space Law with collaboration of McGill University, Canada.
In the practical world, behind the successive student the main role is played by great readers, lecturers, professors etc. So in same way this can also included as a positive point that after this step, a new program is running throughout the world named faculty exchange program. In this program the professors of different law collages of the world called to other collages to deliver different type of lectures. For the instance in the Dr. Ram Manohar Lohiya National Law University, Lucknow gave proposal to Prof. Ram jhakhu of the McGill University of Canada, to impart student of this university in particular area of space law which is one of the developing law in the world. Not only has this even Prof. Ram jhakhu promised to donate some book to this university so give best guidance to the students.
With time people have started to buy land at Moon as well, so the concept of property is not limited to this globe but has expanded to this universe, with this expansion we do need some laws which can be implemented in space. Space law has been making its ground in this direction. Space will boom the industry in near future, that’s why India has started to cash on this new field as well.
The other issue which needs attention is Privatization after LPG band wagon private players have emerged in picture like never before. With respect to Globalization these private players and MNC’s have landed in India. People argue that they are exploiting our resources and public-sector is getting evaded in India, as Government is selling its share to them and washing hands with the liability of state as mentioned in Article 12 of Constitution of India, thus most of the entities and units are getting excluded from the domain of state, which subsequently infringes or contracted our Fundamental Right. But my argument in this behalf is that if our Fundamental Rights are guaranteed in our Constitution without its implantation then it’s not worth than a dead piece of paper. In Today’s competitive World what holds value is money with coming of these private parties though in some sense our State’s domain had decreased but money generation and capital formation had taken place and with this employment rate and standard of life has also improved. So the advancement in this field is that we have started to read our Constitution in its true sprit rather than its mechanical reading. As a law student it is of great significance that one should read law with the purpose behind its framing and with its true spirit as well now in India this perspective is getting noticed and students were made to learn law by heart and not mere brain. This change has happened after the globalization because it engages Economy with legal domain and Economy is root cause of everything in this Universe.
The fruits of globalization have emerged in Environmental law as well; in today’s legal scenario we not restrain our self as law students to the basic feature of environmental law that what environmental rights we possess as a human being and what is the state liability towards protecting Fundamental Right of persons to live in peaceful environment or environmental degradation. Now we are no more concerned with impact on environment in India but we are stepping in roots at international front. Now our knowledge is not restricted to Indian perspective but we have landed on worldwide scheme of things. So a curriculum of International Environmental Law Principles and International Trade Environment Law is added in Indian legal diction.
By these new developments our students will get used to the developments taking place in this direction all across the globe and which will enhance India’s stand on International platform. Our strategies in regard to Environmental law can be more hard hitting in future and we may not remain mere a puppet in the hands of developed nations who discriminate developing nations on all international arenas, the biggest example of this ill treatment is the failure of Copenhagen Summit in Dec.2009.
Ironically, In Advocates Act, 1961 it was pointed out that under sec. 7(1) (h), one of the functions of the Bar Council was “To promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils.”
If we divert our attention to some other activities barring subjective curriculum, in this regard we have made advancement. Many co-curricular activities such as, Moot Courts, Seminars on latest developments, conferences etc. are being organized throughout the year by various institutions which do help in enhancing personality of the students and making them aware of the developments taking place across the world. So that they can meet the future challenges.
The concept of National Law Universities is the latest institutional development which is making our students at par with foreign students in the global scenario, at present there are 10 National Law University’s operating. These are established with the view of revamping the whole legal set up in the country with the latest trends gaining ground around the globe. Other universities are getting established of the status of National Law University’s and it is expected that in future there will be a National Law Universities in every state. All this is the outcome of globalization which occurred in every spear. At present time the atmosphere is very competitive in National Law Universities in India and new law institutions also raising their standards and getting appreciated across the world. Here a question arises in the mind of a common person that “How exactly these National Law Universities are different from other centers of legal Education? The answer is very simple- the students’ mentality. For a change, the national law schoolites don’t look forward to wearing the black coat amid the Indian summer throughout their lives and being uncomfortable but a financially lucrative career in corporate law. Names like Amarchad & Mangaldas, Luthra & Luthra, etc become part of their active vocab. To make this difference come into life these students do a lot of stuffs in their undergraduate lives, which, to be quite honest, the traditional universities’ law department students don’t exactly do. These include preparing 60 odd project reports during their stay at the law schools, presenting seminars every 6 months, attending conferences (national and international), doing 10 internships in 5 years and writing research papers. It doesn’t mean the traditional universities law students don’t do these at all, but as frequently as New Zealand qualifies for the soccer world cup.
NALSAR University of Law, Hyderabadthe ‘Number One’ rank-rated University in India (A.C. Neilsen-ORG-MARG Survey, 2008) joined hands with Institute of Applied Aviation Management (IAAM), a Global Endeavour of international aviation experts with the object to impart world class aviation education with a global perspective, at an affordable cost. Aviation lawis the branch oflawthat concerns flight,air travel, and associated legal and business concerns. Some of its area of concern overlaps that ofadmiralty lawand in many cases, aviation law is considered a matter ofinternational lawdue to the nature of air travel.
Foreign Student Exchange Program is also a new feather in the cap of Indian Education. By this initiative we are exchanging students with foreign countries, our students are becoming aware of their education system and vice- versa. There is a proposal by Human Resource Development Ministry with a view of establishing prestigious institution’s centers in India to benefit Indian students with great opportunities in their mother land. Universities like Cambridge, Oxford, Howard etc. can soon be witnessed in India with their branches. This step will furthered the cause of legal education as well, as now our students can develop the skills of foreign laws without going to abroad. All this became possible with Globalization, which had made all things possible for legal fraternity in spur of time. So its impact can very well be acknowledged in legal Education in India as a tool which strengthened the capacities as well as opportunity for a law studying creature.
A new development which is not yet became a reality is on the implementation stage. Bar Council of India has proposed a qualifying exam after the graduation for law students to attain the eligibility for practicing as an advocate but this proposal has been facing all sorts of problems, so its implementation is not that easy as said. I am hopeful that if this proposal is accepted and starts functioning then will surely raise our standards, as then only the capable and intellectual brain will enter into the domain of law and not any Tom, Dick and Harry as the case is in present situation where no age, entrance exam is eligibility criteria a person of 60 year can start practicing. So if this proposal is implemented it will enhance the potential of Indian legal students. This proposal is outcome of the globalization and developments happening at world-wide in legal education which have made us think for a change for betterment in our legal education and subsequently in legal system.
Now in India, it is embargo that student of legal education will be impart for clinical education also, because this will help to pupil to develop their personality. Some of the foreign universities like Columbia Law School already started this kind of education and being interacted with them our country also started this program.
Actually, Clinical legal education is the study of law and lawyering in context, Working with real clients with real problems allows law students to begin the lifelong process of becoming thoughtful, responsible, and reflective lawyers. Students working under the close supervision of their clinical professors are encouraged to identify and pursue their own learning goals while providing essential representation to a wide range of clients. The aim behind putting this as subject is to shape the pupils as thoughtful, responsible, reflective and qualified lawyers. The clinic students will be provided pro bono service to clients who are unable to secure representation because of cost, the unpopularity of their causes or the complexity of their problems.
Indian legal education has regarded the international norms in a way by recognizing conventions, and treaties which may not be properly dealt by India but as an responsible unit of this world we do started acknowledging them as the time passes by and whole globe emerged as a garland comprises of variety of flowers. International law was there in our scheme of things but now international treaties and commitments got attention in our legal safari. The emergence and wide interpretations of Human Rights at foreign level have seen inclusion of different rights into legal machinery, even though there may not be very many statute or acts on this count. But with judicial activism and growing relations on all spheres with the foreign nations lead us to develop this aspect of legal education drastically. We want our students to be aware of all the happenings which are taking place on account of Human Rights; it can be their violation or notification of new rights, not only in Indian perspective but considering whole humanity. Our students are made familiar to newer kinds of violations of Human Rights in which our society is getting entangled. Rights not to get tortured, inhuman or degrading treatment, police atrocities these are some Human Rights which had not found place in legal diction yet are prescribed to the students by powerful judicial pronouncements by the judges who took cognizance of issue and world-wide developments. Precisely if we look then sexual harassment at work place has no legal authority except guidelines from Vishakha v. State of Rajasthan. Similar is the scene for police atrocities, the case is Neelbati Bahera v. State of Orissa. Here Supreme Court took notice and acted promptly. These areas are also covered in our legal education for making students aware of the challenges and responsibilities towards society at large. These doings are the fallen from the changing scenario which is now attached to all nations and societies of the globe and that is a mere reflection of Globalization.
In the concluding remarks I wish to draw our attention to some of developments which needs the attention of Indian legal unit for the bright future of its followers. The one issue which should be adapted to our Indian legal Education to make the students of law aquatinted with, what new agreements or treaties which India is going to sign at the International level. As of now we make our students aware of whatever has happened till now, it can be with reference to statute or Act etc. but if we make them realize of the future international advancement of the country then they will be better prepared to face the future challenges, if any occurrence took place. India is going to introduce a bill in the parliament which makes provision that if any accident occurred during the nuclear transfer then it will be whole and sole responsibility of India, the company producing it made fully immune to this ambit. This was just an issue which needs to address to law inculcating people. As a legal student we should have an idea of what our government is going to frame for our country. I my view such issues should be made aware to our students as well so that they also come to know the affairs which they will be a part one day. This is the requirement of present Global legal education. Efforts are been taken on this key point like discussion in class rooms, debate, etc. but more attentive approach should be carried on this account.
The other issue which is creeping with Globalization making its root in Indian legal education is that the International norms are getting too much into our domain of understanding that sometimes it seems as if it will bypass our Constitution of India. In a recent case A.G. Novartis v. Union of India sec 3(d) of ‘Indian Patent Act' was challenged. The petitioner argued that Indian Patent law should be in consonance with the ‘World Trade Organization’ provisions, as if WTO is above our basic law of the land. Though the Madras High Court rejected the petition but with making place in Global scenario we have to intact the status of our statutes and provisions. It’s not a high prestige issue then also this kind of propositions should be taken care of by law administering bodies that Globalization did not take us on the verge of losing our sovereign identity. This is not against Globalization, development and advancement that is being witnessed in legal education but state of affairs are such and we must make our new law laden students to be fully acknowledged.
The last thing which can be implemented or rather allowed in Indian Legal system in this fast changing and developing universe through Globalization is that make the law abiding or inferring students be a part of case proceeding. The moot courts, conferences will hold true ground if students were allowed to argue before court of law, even though they haven’t completed their legal education. In United States a 1st year student can also put forth his view in front of learned judge. So same can be applied here too. Heavens will not come down if a student will take up case. New opinions are always welcomed and the student also has a chance to say, interpret or prove the thing practically in front of authority which will be regarded by everyone once it is finalized in the temple of justice.
These are some of my inferences which can be made part of the legal education which is changing color every single time you draw your attention towards it in this Globalized era, where each and every country is dependent on another in some or the other way.
Our legal education is growing fast with the growth and development which is experienced nowadays we surely have an excellent future with LPO are also coming into picture.
I wish our legal education with Globalization becomes inspiration for the world at large.
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