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Six Blind Men and the Elephant – The Urgent Overhaul of a Parochial Legal Curriculum in India

Abstract:

The state of the Indian legal industry late into the COVID-19 pandemic exposes the inflexibility and unpreparedness of Indian legal professionals in all sectors. Accordingly, the author contends that qualitative changes are immediately required (and are feasible) in the legal curriculum followed by universities. This paper demonstrates a gap in the Indian legal curriculum in effectively teaching professional and entrepreneurial skills. The analysis is based on the draft curriculum published by the Bar Council of India (the regulatory body for legal practice and legal education) in 2010, as well as official curriculum prescribed by state universities. The analysis further considers the Rules of Legal Education, 2008, which mandates academic, infrastructural and operational standards for Indian legal universities.

The author contends that an incomplete legal curriculum and ill-suited pedagogy prevents law graduates in India from: a) practicing in under-exploited markets of transactional legal practice (particularly in specialized fields such as tax and competition law); and b) using their undergraduate/postgraduate law degree alone in related fields (such as social science, data analysis, financial/banking services, managerial positions and administrative roles) without extensive additional training.

The author concludes with an inquiry into the likely changes in Indian legal education, based on: a) literature analysing the impact of the 2008 recession on the legal industry and the market for legal education; b) current trends in online education in India; c) the demand for intensive professional certificates, diplomas and similar qualifications in India; and d) the state of higher education and occupational mobility across the country.

Speaker: 

Prof. Roopashi Khatri, Assistant Professor of Law, CMR School of Legal Studies (Bangalore, India)

Roopashi Khatri serves as Assistant Professor of Law at CMR School of Legal Studies (Bangalore, India) and Special Counsel, CounsePro Bangalore. Her areas of practice include Direct and Indirect Taxation, International Taxation, Transfer Pricing, Intellectual Property and Corporate Transactions. She is has previously served as an Assistant Professor under the Department of Revenue Chair (Ministry of Finance, Government of India). She has authored several articles that have featured in national newspapers and international journals. She is a regular guest panellist on legal and policy debates featured by News9 News Channel (the leading English news channel in Karnataka, India).