Globalization and its impact on Legal Education in India

Every society is bound by the laws of land as laws being set of rules and standard of a society. Different countries have different laws of land but the basic principles of laws are to ensure security and welfare of the citizens. India from Vedic period or ancient time onwards, had a legal system of strong foundation based on moral values. In the ancient university Nalanda, the reminiscence of ancient law books shows that legal education played an important role from ancient time onwards. The laws were deeply rooted in the principle of Dharma or imparting justice to the needy or aggrieved without any bias or prejudice. The legal system was subject to several changes in accordance with the changes in the time and society.

During pre independence British rules were imposed on the country’s legal system that was similar to the English law in England. After the independence India became a democratic nation, with its own Constitution that laid down principles and guidelines every citizen are bound to follow. Civil laws were framed for the protection of civil rights and criminal laws for the protection of citizens from offences that possessed threat to the life. International laws were framed for the litigation between countries. In the modern period or the 21st century world had witnessed several radical changes in many aspects of life in society. These radical approaches influenced the educational system particularly the legal education system in India. Though globalization influenced economy, politics, law and several other factors that determined the administrative strategy of the country in the modern era, Indian constitution from the time of its commencement had showed in certain vague traits of the present globalization features. The Indian Constitution in its quasi federal natures had adapted several principles from the United States, Australia, Germany and Ireland even before the coinage of the word Globalization.

One of the greatest merits of globalization is the connection or inter exchange between various countries in the world for legal administration policies, economic policies, trade, commerce, cultural and other social aspects pertaining to a nation that provides international security and solidarity to the citizens. Through the globalization in the legal field particularly in the legal education, different legal systems and frame works of other countries in the world were introduced to the Indian legal system. The legal system in India provides flexibility that ensures liberty, equality and fraternity to all citizens of India, ensured by the Constitution of India imparting justice through criminal and civil laws.

Indian legal system taught traditional laws and their implementation in the law schools and Universities. The students from these centers while pursing the career of a lawyer had to observe the principle of these laws of civil and criminal natures in the Indian Judicial system. The emancipation of new laws evolved as a result of new changes in the Indian society. International Laws, Intellectual property rights, environmental laws, anti terrorist laws, anti corruption laws, Copy right Act and Cyber laws were framed in the modern time that suits the needs in the new legal changes in India.

The participation of India in global legal issues in human trafficking, space laws and other international issues had invited international acclaim. The UN considers India as an influential country in support of the international legislations framework that is a definite fruit of globalization. Many Foreign Universities had also taken up the Indian legal education’s aspect subject to globalization as their long term research topics. The University of Harvard in the year 2010 conducted seminar on the impact of Indian legal system under globalization.

In India legal education is maintained by Bar Council of India and the UGC. The Advocates Act 1961, U/s 7(1), (h) empowers Bar Council of India and State Bar Councils to impart appropriate measures to promote legal education. The Bar Council of India can effectively utilize the positive aspect of Globalization, by providing appropriate and timely changes for the promotion of legal education in consultation with the international and Indian universities that would ensure great opportunities and recognition for future Indian lawyers. In the 70’s the Bar Council of India had made so many curriculum reforms but the attempt came to an end without achieving the goal. Later in 1986 BCI decided to open a model school of law and launched the National Law School in Bangalore. Thereafter various other national law schools are also established along with changed curriculum. In the year 2005 a National Knowledge Commission was established to make recommendations for reforms. As part of their reformation process the working group came up with some findings relating to the problems and challenges in the curriculum. They put forward some recommendations which helps in developing and improving the present day curriculum along with other disciplines. Law could not remain static, if it remain static it cannot go for long and will not be accepted by the people for whom it is made. So law should always be subjected to change in order to walk along with the changing world. Likewise legal curriculum should also be subject to modification in order to maintain the highest standard in legal education and to meet the global challenges. The multiple opportunities in the legal education as the result of globalization is a great positive factor if properly implemented among law students, will definitely give a new future and prominent place for future Indian lawyers in the international legal scenario.