Why There Is Inordinate Delay In Setting Up of National Law University?

by Ummar Jamal

In January 2022, the result of seven district judges’ posts was declared. None of the 217 appearing candidates from Jammu and Kashmir was able to qualify for the examination.

In early 2022, the Supreme Court expressed concerns over the retrogressing quality of legal education in the country. The court observed that the problem starts at law schools only. The comment by the Apex court on the quality of legal education must be seriously considered.

People from different quarters of the legal fraternity from time to time have been flagging concerns over the deteriorating quality of legal education in India. In order to address the issue and improve the quality of legal education in India, the Bar Council of India envisaged a “model law school with university status to act as a pace-setter for legal education reforms.”

In line with the second-generation legal education reform proposed by the Indian Bar Council, various state governments replicated the idea, thereby paving the way for the establishment of a total of 23 such universities so far.

While the quality of legal education is constantly deteriorating in Jammu and Kashmir, the issue can be well addressed by the establishment of a National Law University (NLU), as envisaged by the Bar Council of India.

The proposal for the establishment of the National Law University in Jammu and Kashmir traces its origin to the resolution moved by the All India Law Ministers Conference in 1995. It was unanimously resolved to set up a law school in each state modelled on the National Law School University for raising the standard of professional legal education across the country.

In 2018, Jammu and Kashmir’s law students were thrilled, when the then BJPDP coalition government passed the Jammu and Kashmir National Law University Bill in the assembly. After the act was passed, the piece of legislation needed the governor’s nod. The then governor  N N Vohra raised certain questions over the proposal, which stopped the process.

However, on October 1 2019, Governor Satya Pal Malik gave assent to the bill for the establishment of a National Law University in Jammu and Kashmir.

Soon after the bifurcation of the erstwhile State into two Union Territories, after some amendments in Jammu and Kashmir National Law University Act, the Union Ministry of Home Affairs formally adopted the Act. There has been an interlude of nearly two and half years since the Act was formally adopted by the Ministry of Home Affairs. But though approved two and half years back in 2019, there has been no headway on setting up of the University.

After three decades of establishing the first National Law School in Bangalore, we currently have 23 such NLUs spread across the country. Maharashtra has three National Law Universities. Similarly, Madhya Pradesh has two NLUs, of which the recent one is at Jabalpur. The state of Uttar Pradesh is set to establish its second National Law University in Prayagraj. Many NLUs are in the pipeline in various states like Tripura, Uttarakhand and Sikkim.

Regrettably, Jammu and Kashmir despite being the 12th largest among the 37 State/UT in terms of geographical area and 19th in terms of population with more than 14 million people are yet to have its own National Law University.

Presently,  Jammu and Kashmir has a total of three government Universities and seven private law colleges which offer law courses like LLB and BA-.LLB. Government universities include the University of Kashmir, the University of Jammu, Central University of Kashmir. Private law colleges include Kashmir law college, Vitasta School of Law and Humanities, Kashmir Creative Education Foundation (KCEF) Law College, Sopore Law college in Kashmir division and KC Law College, Dogra Law College and Ashoka Law College in Jammu division.

But the aforementioned government universities and private law colleges are incomparable with the National Law Universities in terms of quality of education, admission criteria, curriculum, examination, and the qualifications of the faculty members.

Starting from low placement records to lack of infrastructure, law schools in Jammu and Kashmir, are today grappling with a series of problems. They are not student-friendly. They don’t have student bodies which could represent the academic interests of students and properly put the grievances and demands of students before the administration.

The government universities and private law colleges here are more focused on teaching theory and hardly give any training for mooting, debating etc. Their pedagogy and teaching methods are antiquated. Here in most colleges internship is still unheard of concept.

In these law schools, the classic examination pattern is used where students’ grades are based on their ability to memorise a few topics rather than their analytical and practical abilities. Students memorise the laws but are left confused by their application to our daily lives.

In fact, legal education in private colleges of Jammu and Kashmir has now developed as a potential business activity for law institutions, where legal education rules go for a toss repeatedly. These collages are still accustomed to the traditional style of lecturing in a classroom. As a result, the students studying in these colleges not only lack adequate knowledge of the subject but also lack the requisite skills to adequately practise in the courts.

In January 2022, the result of seven district judges’ posts was declared. None of the 217 appearing candidates from Jammu and Kashmir was able to qualify for the examination.

Legal education is one of the most important fields for the country’s development and preservation of democracy and the rule of law. With such serious observation by the SC and declining standards of legal education, the Jammu and Kashmir government must acknowledge this demand and set up an NLU, where every bright mind from the various socio-economic class of society could make a career in law.

(Author is a Law student at Kashmir University. The opinions expressed in this article are those of the author and do not purport to reflect the opinions or views of TheNewsCaravan.)