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Cover Page & Introduction
Search And Research: What Do We Do When We Research?
Upendra Baxi
Emeritus Professor of Law, University of Warwick and Delhi
Abstract
The article explores the complex relationship between search and research in the digital age, emphasizing that while searching is often perceived as a subordinate task to researching, it is foundational and increasingly intertwined with it. The article discusses the hierarchical academic dynamics, where senior scholars often rely on research assistants, and the evolving nature of search from physical to digital labour, suggesting a diminishing necessity for hired assistance. It further calls for examining the fairness and acknowledgement of research assistants' contributions and advocates for a code of conduct to address issues of discrimination and exploitation. The integration and impact of research in legal scholarship, the role of internships, and the need for a more systematic evaluation of academic contributions are highlighted. Moreover, the article underscores the importance of understanding and preserving legal research traditions, advocating for a closer relationship between legal studies and the humanities and social sciences to enrich the academic discourse. The article points towards the need for a balanced and inclusive approach to legal research that respects autonomy while addressing neglected research areas.
Key Words: Academic Hierarchy, social science, legal education, Integration, multidisciplinary approach
Use Of Regional Languages In Legal Education: Goals, Realities, Challenges And The Way Forward
Dr. P. Ishwara Bhat
Former VC, NUJS and KLS Karnataka
Abstract
The paper highlights the essential role of bilingualism in delivering effective legal services, advancing justice, and preserving the judicial system's integrity. Legal professionals need fluency in English and regional languages to meet the diverse needs of rural and urban clients, corporate markets, and international clients. Bilingualism enhances communication, comprehension of legal documents, and compliance with procedural justice in trial courts, raising legal awareness and understanding of policies and outcomes. The Indianization of the legal landscape requires incorporating regional languages and cultures, respecting linguistic aspirations, and addressing multilingual challenges. To put the matter in perspective, the article covers constitutional language policy, the Bar Council of India's legal education rules, and historical considerations of language employed in court. Moreover, it reveals the versatility of regional language in the legal education system in different states in India, the problems faced, and measures taken towards their promotion. The article concludes with recommendations on improving bilingualism in the legal education context, such as a strict implementation of regional language studies, encouraging translations, and advancing a cross-sectional approach.
Key Words: Legal education, regional language, legal services, Bilingualism, justice and trail procedures
Interdisciplinary Approach To Legal Education: Scope And Limitations
Dr. K.C. Sunny, Professor, and Kuriachan Josey, Research Scholar
Department of Law, Central University of Kerala
Abstract
The evolution of civilized society depended on laws to maintain law and order as well as provide methods of dispute resolution. Law evolved over time from customs by adopting written codes in civil law and making decisions in common law. Like any other branch of learning, law is a synthesis of the codes, theories, doctrines and other related decisions of the courts. Universities have followed the trend of compartmentalisation of knowledge; however, an interdisciplinary approach has now become essential. This approach pulls together several disciplines to critically analyse laws with certain social, political, and philosophic orientations. The article highlights the role interdisciplinary methods play in promoting equal appreciation among the disciplines, improving communication, and building imperative lawyering skills such as problem-solving, legal analysis, and negotiation. They are essential in understanding complex legal issues in areas such as criminal justice, which interfaces with criminology, psychology and economics, and newer areas of modern development, such as human rights and environmental law. The practice of law is fostered by interdisciplinarity as it allows lawyers to effectively address the problems of clients, considering the broader social contexts. Another advantage of interdisciplinary methods is legal research; this approach analyses multifaceted issues with a focus on empirical data and theoretical concepts of other disciplines. Promoting interdisciplinary strategies in legal education and research leads to the development of legal professionals capable of dealing with contemporary challenges holistically.
Key Words: Interdisciplinary Research, Legal Research, Skills Development, Legal Education
Accountability In Education Governance Through RTI
Prof. M Sridhar Acharyulu
Professor, School of Law, Mahindra University, Hyderabad
Abstract
The role of education in our nation’s economic development, the process of social change, and modernisation cannot be overemphasised and, as such, requires that institutions of learning be made to account for their stewardship efficiently. The article analyses the structural aspects of accountability under the Right to Education Act, 2009 (RTE Act) and the Right to Information Act, 2005 (RTI Act). It further underlines the roles of schools, parents, guardians, government, and the local authorities in ensuring that free and compulsory elementary education is ensured. The RTE Act mandates that public and private schools declare their compliance with educational norms and responsibilities, particularly concerning disadvantaged groups. Parents possess specific duties to secure the educational rights of their children, make schools more accountable and use the RTI Act to retrieve information or address complaints. The article provides information on parents’ associations and their advocacy for educational rights and the RTI Act as a tool for accountability in the education sector. It also reveals the intersection of consumer protection legislation with educational services and calls for the adoption of the Students’ Rights Charter to improve the standards of learning as well as ensure fair treatment of students and parents.
Keywords: Transparency, Right to Information, Legal Education, Research, Sensitisation
Review Of National Law Universities: A Critique
Prof. Yogesh Pratap Singh
Vice-Chancellor, National Law University Tripura
Abstract
This paper delves into the intricacies faced by the lack of accountability in the governance of National Law Universities [NLUs] in India, which has led to repercussions on the functioning of the institutions and the overall quality of legal education. This has been achieved by thoroughly analysing the deep-rooted problem, its underlying reasons and its impact on the administration through acts, commission reports and case studies of student protests. One of the critical problems that this paper highlights is the failure to set up statutory review commissions as stipulated in the NLU Act and, if constituted, reveals daunting data of institutional autonomy, financial mismanagement, academic indiscipline, and administrative arbitrariness. This article underscores an urgent need for reforms to uphold statutory obligations and emphasizes the involvement of oversight bodies for the effective functioning of NLUs.
Keywords: Legal Education, National Law Universities (NLUs), Accountability,
Review Commissions, Governance
Legal Education In Contemporary Times: Problems And Prospects
Prof. (Dr.) Ashok R Patil, VC and Rabindra Kr. Pathak, Assistant Professor
National University of Study and Research in Law, Ranchi
Abstract
Legal education in the preceding decades has evolved significantly, so much so that, in view of the changing social and economic milieu, it has become a topic of discussion and debate. Technological and scientific developments have further necessitated rethinking as to the changes that may brought about in the way legal education is being imparted in the present times in law university departments, NLUs and private universities and colleges. There is a pressing need to rethink and, therefore, reorient the role of universities and colleges in teaching law. In today's complex and diverse society, doing justice requires constitutionally sensitive legal professionals at different levels. Legal education stands today at the portals of an uncertain future replete with hitherto unknown challenges and legal predicaments. Every aspect of law, more or less, will have to undergo a process of transformation, in books and in action, so that legal education continues to be responsive and responsible in serving the needs of life and law.
Keywords: Legal Education, Constitutionally Sensitive, Transformation, Life and Law.
Unveiling The Veil: Reimagining Transparency In Higher Education Sector In India
Prof. Sairam Bhat, Professor of Law & Co-Director and Ms. Gayathri KK
CEERA, NLSIU Bangalore
Abstract
Education has been heralded as an instrument for social transformation. It took several centuries of struggle to make education a public good and some more years for it to be declared a constitutional right. While democratizing education remains one of the most significant achievements of independent India, challenges persist. This article explores the issues plaguing the higher education sector, specifically the lack of transparency in deemed to be universities. The lack of transparency in these groups of institutions has led to the unchecked commodification of education. The inapplicability of the RTI Act to deemed universities has led to the creation of informational asymmetry, which renders the students incapable of making informed decisions. Scant information is available to the public on aspects such as admission procedure, faculty recruitment, and research standards, among others, leaving students disenfranchised. The article also looks into alternative ways of ensuring accountability for these institutions through accreditation, rankings, and social audits. The failure of UGC as the regulator in curbing the commodification of education has also been looked into. This piece advocates for the urgent reform of the higher education sector in India while acknowledging that these deep-seated problems also require a change in the culture of transparency in higher education institutions. An argument is made for universities to be deemed equally accountable to the public as other universities to restore education to the public good.
Keywords: Higher Education Sector, Deemed University, Transparency, Informational Asymmetry, Social Audit
Inordinate Delay In Appointment Of Faculty In Department Of Law, Karnataka State Universities: Repercussion On Quality In Higher Education
Prof. N. Sathish Gowda
Professor, University Law College & Department of Studies in Law, Bangalore University
Abstract
This research paper delves into the challenges faced by the Department of Law and Deemed to be Universities affiliated with state universities in Karnataka due to the lack of permanent faculty members. It studies the data between the professors who have visited the major state universities and the permanent members of the institution. The paper further discusses the rules and regulations governing the appointment of faculty members in the Department of Law as per the mandate of the University Grants Commission[UGC], highlighting the directions to fill the vacancies efficiently and the Bar Council of India[BCI] efforts towards the exact cause. The paper identifies the main issue that causes delays in the appointment of permanent faculty from the perspective of imparting quality legal education. In Conclusion, the paper emphasises the need to streamline the entire process of nomination, granting autonomous stand to universities and proposing viable reforms in UGC's regulations to solve the complication of shortage of faculty and maintain the excellence of legal education.
Keywords: Permanent Faculty, Guest Faculty, Quality of Legal Education, Inordinate Delay in Appointment, State Universities