07 August,2024 07:23 AM IST | Mumbai | Vinod Kumar Menon
Representation Pic
For the first time, the Mumbai University (MU) has embarked on an exercise to conduct surprise inspections of law colleges in the city, MMR and Konkan regions and has constituted numerous three-member committees, as per the directives of the Bar Council of India (BCI). The BCI had raised concern vide its circular dated March 28, 2023 (copy with this paper), about the mushrooming of private law colleges across the country and the deteriorating level of legal education (LLB and LLM), with no full-time faculties or qualified principals and without adequate infrastructure.
However, the MU acted on this circular only this year in the last week of July and has directed the committees to submit the inspection report within two-three days, from date of inspection or at the earliest. The surprise inspection report is crucial, as the vice chancellor and the Bar Council will decide on the fate of those law colleges with adverse remarks.
The circular is addressed to vice-chancellors and registrars of all universities awarding law degrees and imparting legal education, directing to send reports of surprise inspections conducted wherein there is grossly inadequate infrastructure and lack of faculty. If the same is not done, the Bar Council of India shall be constrained to withdraw the recognition granted to such defaulting universities. Interestingly, the university has also received complaints about the manner in which private law colleges favour working professional students. There are allegations that those either holding high positions in government/semi government/banks or PSUs or are politically related, are either exempted from attending daily lectures or are favoured in examinations.
A MU law student said such instances were common in both LLB and LLM. The student cited a recent LLM SEM 3 examination, wherein a few students scored over 75 per cent marks in practical examinations held at college levels, whereas in written papers conducted by the MU and papers accessed by On Screen Marking system (OSM), they have not even obtained passing marks. This shows that students were favoured by the respective colleges and an inquiry into the same has been demanded.
Sorry state of affairs
"Over the last few years, it is very sad that the standard of legal education has deteriorated. Students without attending classes get their law degree. There are many public and private sector highly placed officials who are given exemption from attending classes. The situation in law colleges run outside MMR limits, is without control or supervision from Mumbai University, as examination centres do not have CCTV cameras, connected to the Controller of Examination Mumbai University," said advocate Dhanpal Jain, a visiting law faculty in many law colleges, including Mumbai University.
No legal infrastructure
"Many law colleges don't even have adequate teaching faculty [full time and visiting]. Absence of a good legal library and legal research system with access to legal research sites like manupatra or SCC online has completely diluted the quality of legal education. And, most important, practical exam marks most of the time are not given on merit, but on favouritism and personal prejudices," said advocate Jain.
Mockery of entire system
Many faculties this paper spoke to are irked by the fact that the inspection committee is headed by a law college principal while the two other members are practising advocates and teachers from other streams. "If the BCI is aware of irregularities then proper inspection should be conducted. All law college faculty and principal know each other well, so it is out of question that they will take any action or give an unfavourable report against any college. This is simply a waste of time and a fake show-off of BCI performing its duty," said a senior law faculty at a university-affiliated private law college.
Another faculty from a Navi Mumbai private law college added, "Such inspection is nothing but a waste of time and leads to corruption. The BCI charges a hefty sum of over Rs 3.50 lakh yearly for registering and validating the recognition given to a private law college, which later has to get affiliated to a university. If private colleges have any shortcomings, they will surely try to grease palms or provide favours to the committee or the convenor to give a favourable report. How is BCI or MU keeping tabs on such misuse? Moreover, is BCI making any official payment to Mumbai University for this additional work?"
When mid-day asked a law college principal if they were paid for conducting inspections, the principal said no. The principal added that transportation is arranged by MU through a shortlisted travel agency or reimbursement can be claimed for the same.
Good initiative
Dr U K Nambiar, principal of Manjara Charitable Trust Law college, Airoli said, "The purpose of inspection is clear, it is only to improve the standard of legal education which according to BCI is deteriorating, and such periodical inspections are a welcome move." Nambiar added, "The mushrooming of private law colleges is an emerging challenge to legal education, which caters to the needs of filling the vacancies in judiciary, making it much more crucial for proper legal education."
MU's department of law also provides LLM courses. However, the department's Fort campus does not have adequate infrastructure, due to which the LLM Sem 1 examination, was held at JBIMS (Jamnalal Bajaj Institute of Management Studies), Churchgate, where around 500 students had to appear for the examination, and even disabled students had difficulty, as only flap chairs were available at JBIMS.
"The university should walk the talk and set an example for the rest of private law colleges by sticking to the guidelines," said MU sources. Moreover, BCI has recently started India International University of Legal Education and Research (IIULER, Goa) established by BCI Trust-PEARL First through a statute of Goa Legislature. It remains to be seen which authority will monitor this new institution.
Bar Council Of India
Calls and Whatsapp messages sent to Manan Kumar Mishra, chairman, Bar Council of India (BCI), went unanswered.
Mumbai university says
Dr Baliram N Gaikwad, registrar and director, DLLE, Mumbai University, who is overseeing the entire inspections on behalf of the vice chancellor, said, "The Bar council of India has given us a list of senior advocates and practising members of the Bar, who are to be a part of the three-member committee. But, we are getting mixed responses from them, while some have agreed to be a part of the committee, others have expressed reservations. We have already started the surprise visits, and the direction given to the committee by the university is to cover maximum colleges in a given day. The reports so far are a mixed bag of pros and cons." Asked if university-run colleges and department of law would also be inspected, he said, "If I reveal it now, it won't remain a surprise inspection."
Expert view
Solicitor Stuti Galiya said, "Colleges should adopt secure methods like biometrics or smart cards to prevent fraudulent attendance practices. AI-powered cameras should be installed at examination centres which will enable live monitoring and help in preventing cheating and other scams. There should be surprise inspections of the colleges by an expert committee comprising experts from legal and allied fields. These committee members should be able to provide unbiased feedback, suggestions, review records, facilities and engage with faculty and students to address concerns."
