Here’s an extract from the Hindu Open Page, on the problems facing National Law Schools today (written by Andrew Fernandes) -
…Another reality is that except some of the older NLSs, most of them have failed to make a substantial mark for themselves. They face problems ranging from a lack of adequate infrastructure to a lack of quality teaching methods and, in some cases, even to a lack of experienced faculty members and financial mismanagement. The truth is that establishing NLSs in almost all States would not ensure a robust legal system. What needs to be done is ensuring that quality legal education is imparted and, importantly, at an affordable cost…
The entire article may be found here.
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5 Comments
Mr. DR,
Your concern is highly appreciated. However, it would have helped if wrote what you thought rather than Copying and pasting.
Regards,
Andrew Fernandes.
Dear Vikram,
Firstly, I am sorry for this late reply.
1. I understand that the National Law Schools initially stayed away from any involvement of the Government both at the Central and at the State level, and that was the reason why I mentioned right in the beginning of my article that they are modeled on the lines of the American Law Schools that receive private endowments, and therein lies the difference between the two- the latter receive private endowments.
Now after many years of establishment of at least the older law schools, the need is felt of grants from the government at either or in fact both the levels.
2. After a thorough reading of List II(State List) in Schedule 7 of the Constitution, I should mention that Legal Education is not covered or mentioned therein; instead I would like to state that Education (including Technical and Medical – these are inclusive and not exclusive) is in List III, No. 25 (Concurrent List)of Schedule 7 of the Constitution of India, 1950 and The Union List in No. 65(b) provides for Union Agencies and Institutions for promotion of special studies or research. Thus it cannot be said that the bodies who initiated the setting of these law schools preferred the easy way. I must remind there was no easy way.
3. I do not doubt that the IITs and IIMs receive grants from bodies other than the Government also; but to deny that IITs and IIMs receive no grants from the Government would be to deny the obvious and consequently a folly (for further information on this, check the Budget for the present Financial Year).
4. It was not just grants from government that I wrote about, I also mentioned things like mushrooming of NLSs, lack of experienced teaching faculty, financial management, etc.
5. I am open to clarifying further doubts and concerns.
Regards,
Andrew Fernandes.
I agree with the author. We need atleast the top NLU’s under the umbrella of IIL’s or NLU’s. Due to these financial problems faced by the administration, NLU’s may even exploit students by charging exorbitant fees and even impose a hefty fine on late fees or repeat fees. The student then has to wonder whether he has joined a National Law School to earn by getting his dream job or just end up paying approx. 9 lakh for fees.
Dear Vikram,
Firstly, I am sorry for this late reply.
1. I understand that the National Law Schools initially stayed away from any involvement of the Government both at the Central and at the State level, and that was the reason why I mentioned right in the beginning of my article that they are modeled on the lines of the American Law Schools that receive private endowments, and therein lies the difference between the two- the latter receive private endowments.
Now after many years of establishment of at least the older law schools, the need is felt of grants from the government at either or in fact both the levels.
2. After a thorough reading of List II(State List) in Schedule 7 of the Constitution, I should mention that Legal Education is not covered or mentioned therein; instead I would like to state that Education (including Technical and Medical – these are inclusive and not exclusive) is in List III, No. 25 (Concurrent List)of Schedule 7 of the Constitution of India, 1950 and The Union List in No. 65(b) provides for Union Agencies and Institutions for promotion of special studies or research. Thus it cannot be said that the bodies who initiated the setting of these law schools preferred the easy way. I must remind there was no easy way.
3. I do not doubt that the IITs and IIMs receive grants from bodies other than the Government also; but to deny that IITs and IIMs receive no grants from the Government would be to deny the obvious and consequently a folly (for further information on this, check the Budget for the present Financial Year).
4. It was not just grants from government that I wrote about, I also mentioned things like mushrooming of NLSs, lack of experienced teaching faculty, financial management, etc.
5. I am open to clarifying further doubts and concerns.
Regards,
Andrew Fernandes.
I would like to differ from the author on several counts. It is not so much that the State Government has refused to fund the NLSs as much as the NLSs themselves having stayed away from active state involvement. This might have been due to a reluctance on their behalf to adhere to state admission policies and other education policies.
Funding from the state is not a large component of of infrastructural developments in several institutes including in IITs. Rather a lot of it comes from grants from other bodies.
The reason due to which all NLSs were created under state legislations is that legal education is in the state list in the constitution. Though that shouldn’t have been a great hurdle, the bodies who initiated the setting up of these schools seem to have chosen the easy way.