Youth of the day throughout the world is more interested in legal education - it catches momentum day by day. Today, shaping careers in law has become a status symbol.
If we cursorily go through the history of Pre-British era it can be noticed that those who are/were occupied with the work of making laws - the rulers, executing laws - the ministers and other executors of the state were given or are being given utmost respect by everyone. Right from the inception of our culture, administration of justice is considered to be a divine work which is even so perceived today.
As such the maxim is ,“how so higher the person is, nobody is above law” but the officers connected with law in any manner enjoy a prime place in society. The importance of law and its knowledge can also be assessed from the maxim that “Ignorance of law is no excuse”. It is presumed that every citizen, irrespective of one’s age, sex, religion, caste, creed etc., is presumed to have been knowing law of the land.
Travelling down the memory lane till 1857, the first struggle of independence of India and period after that makes it clear that while the general public was frightened, while the society in general had no clue or say idea that anything which can be named as ‘independence’ can ever be even thought of and in the era while life with slavery of the British rule was accepted, no concept of claim or right was even pursued and when exploitation and discrimination based on colour was part of life a group of people dreamt of independence of India and then after of complete freedom from British Rule.
A nationwide movement for independence then caught the attention of many on the international level. Who were those bold leaders? Who gifted us, total home rule? Who were the architects of modern India because of which today India enjoys the setup it has? Who did the marathon exercise of merging all the princely states into India?
All the leaders of this entire great , historic, crusade like freedom movement were none other than the then very eminent lawyers and leaders of the society. Rajendra Prasad, Motilal Nehru, Mahatma Gandhi, Sardar Patel, Lal, Bal, Pal, C. Rajgopalachari, Lala Lajpat Rai, C.R. Das whose illustrative handling of the case like Alipore Bomb case or Dacca Conspiracy case etc. have made history. Their contribution in ensuring independence is yeoman.
A very famous thought of Swaraj (Home Rule) swayed then which was brainchild of a lawyer, a slogan based on right, complete right, complete independence, swaraj is the birth right and one shall have it are all glorious, unforgettable and energetic slogans which all illustrate ability, clarity, fearlessness and boldness of the then leaders from the fraternity of lawyers of that time.
If a question is asked , as to what was it which generated then all these qualities among members of the legal fraternity? The plain and simple answer is knowledge of law. Prime virtues possessed by those successful lawyers were tremendous courage, commitment to the nation, dedication and sincerity in efforts which led to a historic momentum resulting into ideology of dignified, independent and democratic existence of India.
Another question which also comes to one’s mind as to who framed the world-famous constitution of India? A spontaneous, quick and a pause less answer comes is, it was galaxy full of scholarly lawyers of our constituent assembly headed by: a brilliant and radical lawyer Babasaheb Ambedkar, their study, their concern for larger interest of society, their understanding and their legal acumen of interpretation and application of laws. It is these combinations of virtues, knowledge with in-depth clarity results into power and pride of every fellow citizen – Constitution Of India.
Those who study law by and large dream to be a forceful lawyer as is seen in Bollywood movies. World acclaimed jurists have opined about the role of lawyers, “As an advocate he is a minister of justice equally with the judge.” The first and foremost duty of a lawyer is to maintain rule of law and in performing his duty he is at par with the Judge. Rationality in attitude, honesty in all sorts of work one takes over and clarity in interpretation and understanding of law with sociological and psychological aspects are the qualities which are sine qua non for every lawyer.
It is important to understand that these qualities cannot come with theoretical knowledge of law alone. It is true that theoretical knowledge of law becomes an additional strength but the qualities referred above need to inculcate in one’s personality to be truly successful lawyer.
Love for search of truth is one more quality which along with concepts of non violence have been given by Mahatma Gandhi to this world. Love for truth became an invisible force of Mahatma Gandhi which in turn developed in him great ability to effectively articulate his submissions to the british authorities. It made his representations very rational, pro society and simple but straight from heart. ‘My Experiments with truth’ authored by him is self speaking.
The quality of love for truth, clarity in expression and appealing echoes can never come with the knowledge of theories of law alone. Analytical ability and humbleness are other qualities which can seldom be taught however the same can be developed by practical learning which is known in common parlance as clinical legal education.
When one enters the field of practice of law he needs to bear in his mind that he is going to contribute towards an almost divine act on this planet: administration of justice. Service to mankind, service to poor and downtrodden, service to cause of justice, respect for human rights, having a spirit of worship in protecting right of an individual who comes to the lawyer as a client and the need to take the job as profession and not profit oriented activities require immense sense of responsibility coupled with rationality.
It is in a way an exercise with one self to be rich in thought, to develop deep understanding and compassion for the poor and helpless, to inculcate a deep sense of worship for the quality to uphold life , liberty, dignity and equality as sacrosanct duty. Patience, punctuality, passion for learning without thinking of earning are all can be poured, imparted, inculcated by only and only clinical education and not by mere theories of law.
No theory of law can ever help to show the devices or teaching methodology as to how to inculcate this essential professionalism in the lawyers which is very much essential. It is the only good bar which can give a good judiciary. Fearless, principled and good judiciary is essential for subsistence of rule of law for which there has to be such a bar.
As has been seen in the pre independence era and in the post independence era it is clear that it is only a good bar which can create good society because lawyers have inherent quality to lead as their power of knowledge of law makes them powerful to be fearless, honest, clear and society oriented.
The right way to learn law therefore has to be a balance between clinical education and theoretical education or say class room legal education, bar room etiquette, professional education, ethical education in the courtroom, and even education at a lawyer's office. The above all sort of education unless given as a package legal education can not be said to have been completed as it is the only right way of legal education.
It is high time when we need to have at least 50% faculty members from industry: from bar and bench. UGC need to include industry or say professional experience as a lawyer or as a judge as teaching experience only or else the law schools can not impart complete legal education. In USA it is common that judges teach law at law schools where the real life illustrations will make law learning a fun, a joy, an exercise which has inherent power to create competent bars, fearless judges who are wedded to independence of judiciary.
Majesty of law, independence of judiciary and bold bar can make any country a well ruled state where only law rules, where its citizen have true, free and easy access to justice, where revolt for legal right is not seen as creating unrest, where public interest will be perceived as supreme goal, where laws are made for highest happiness of highest persons, where state will play the role of guardian and custodian of the rights of a common man. That dawn is not away……
The writer, a former Judge, is Pro Vice Chancellor of Adamas University, Kolkata. She has been a former Principal Judge, City Civil & Sessions Courts, Ahmedabad, Gujarat. She has served as POTA, NIA and CBI judge of Gujarat in addition to Special Judge for Serial Bomb Blasts cases, Hooch Tragedy, Riot Cases etc. She has been teaching law for about 34 years and is a former Principal of Law College. She is an Arbitrator, Trained Mediator, Conciliator in International panel of ICADR and Corporate trainer for laws
