|
Law as a profession has undergone sea
change. A revered and honoured profession has become synonymous with immorality
and corruption. A highly challenging degree has become easiest task to achieve.
We find that our neighbour exclaims with jubilation and envy when someone in the
locality cracks Medical or Engineering or Management Entrance examination but
why not same emotions of jubilation and envy appears when someone cracks Law
Entrance Examination. . In order to obtain Degree of MBBS, B.Tech, or
Management, one is ready to pay exorbitant amount of money. But when option
ceases, no place left to get admission, people opt for Law. This contributes
largely in the lost reverence to the great profession of law. A simple demand
and supply theory can cut the picture clear. Lakhs of student appears in Medical
Entrance Examination. Due to the limitation of seats, only few get admission.
Hence, they get good attention from their teachers; get better facilities etc.
Obviously, finished product is going to be of good quality. But in case of Law,
good number of students are those who has failed to get admission in Medical or
Engineering etc or who have completed their graduation degree and feels that law
is the only profession where one can start earning of his own right after
obtaining the degree and other category is of those persons who sincerely wants
to pursue law as a profession.
There are more than hundred colleges which
are providing degree of law either through 3 years or 5 year course or
even through evening courses. As result of these wider options in number of
colleges and the mode of availing law degree, obtaining admission in the course
of law is not all that tough. Every year thousands of law graduates take entry
in to the Bar. They start practicing. The only hurdle between degree and
practice is enrolment. Due to this unchecked entrance of thousands of students
every year, we observe at the court, plethora of incompetent lawyers.
A natural corollary of poor policy in this
direction leads to a corrosion in the legal -system. Scene at District courts
are pathetic.
Mob of lawyers attacks a person entering into the precincts of the Court.
Lawyers bargain like vendors to win over the client. Such scene is horrific and
embarrassing, if you wish to become a lawyer. These incompetent and
under-nourished lawyers are not good enough to understand the intricacies of
law. They indulges in crooked means like giving bribe to Court or to its staff,
liaison work, etc to get favor for his clients. Thus, whole legal set up suffers
miserably. These lawyers more often than not demand for adjournment. These
practices demean the image of lawyers as a whole. But the big question is, who
is responsible?
There are other factors responsible for
great inflow of lawyers every year. They are:-
Since age is no bar like in Delhi University, retirees from different
professions get admission in law colleges and make law as a means to achieve
livelihood for rest of the life. Secondly, judicial officers after retirement
start practicing in the court of law.
Taking stock of the situation, Bar Council of India has introduced five years
course commonly known as law-integrated course. If one feels for law and are
motivated enough to pursue law as profession then only they opt for five years
course. But precarious situation will not improve by this single step. Moreover,
simultaneous option of getting degree through three years course should be
reconsidered. It is most humbly submitted that there is immediate need to
overhaul the whole scheme to wipe out this ever-deteriorating images of lawyers.
I, therefore, submit following measures:-
a. There
should be a switch over from 3 years course to 5 years course at all India
level. All law colleges and universities providing 3 years course should be
given 4 years notice to develop their system to meet requirements of 5 year
course. After expiry of this period 3 years course should be banned at all India
level.
b.
Evening course should be immediately banned.
c. There should be age limit to join
the course. 5 years course makes it mandatory that applicant should be less than
21 years at the time of application. If suggestion number (a) is accepted then
this suggestion may be ignored.
d. Retired
judges should not be allowed to practice in the court of law. They should be
accommodated at various committees and commissions appointed by government from
time to time.
In accepting option No. (a), above, there
are various rival arguments.
Firstly, Law is a society oriented sensitive
subject that needs to be taught to a matured mind. A student who has just passed
XII examination is not expected to be mature enough to understand the subject. I
suppose this argument is nothing but a call from status quoist. It is devoid of
sound reasoning. As time has advanced, learning and understanding capacity of
the child has increased sharply. For the same reason C.B.S.E. has introduced a
very challenging paper for science student from the year 1997. Vehicle of
success moves in top gear not in reverse
or first gear.
2nd argument against switch-over is that during graduation
student would have options to get to know about other fields. Moreover, Civil
Service aspirants have to wait for five years before appearing for prelims. As a
result, they have to wait for two extra years as compare to Graduates form other
fields. Perhaps keeping this consideration in mind there is provision in the Bar
Council Rules that provides after completing three years of integrated course, a
student of BA. LLB would have option to leave the course and walk out with B.A.
Law (Hons.) Degree. It also implies that after three years student of BA. LLB is
entitled to appear in the prelims of Civil Services Examination. Thus, it is an
option with extra advantage.
Law is the only profession where
practitioners are addressed as learned. Unchecked and unregulated policies have
lead to the lost reverence of once honoured profession of Law. There is pressing
need to take reformative steps in this direction. In this endeavour, legal
educationists, practitioners and judiciary have to join hands to wipe out this
image of lawyers. Collective effort can only get back the glory and reverence
attached to this profession of law. Embryonic lawyers have to pledge that they
will not indulge in acts that demean this profession.
---------------------------------------------------------***********************************----------------------------------------------------------
The author can be reached at :
suhailosama@legalserviceindia.com |
Lost
Reverence
