For this paper you write about the understanding of the document provided only and how the topic restructuring the education system in India is needed. The topic is provided in the attachment. Do not find any other new documents just use that one. the spacing needs to be 1.5. With the title page being the sheet of paper provided. There needs to be a reference page of the reference being the document. The total number of pages needs to be 5 pages. With the analysis of the pdf provided. There needs to be an understanding of the topic from the pdf. The topic is the restructuring of the Indian education system. And you can only talk about that using the pdf I provided in the word document and no other research. Also the professor wants to hear our voice on the journal that I put. It needs to 5 pages not counting the title and reference page. With margins of 1.5
Name: Anushka Chakraborty University: Saginaw Valley State University Extra credit topic: Need of restructuring the Indian education system URL: Kadambi, R. (2010). One such pattern in the indian legal academy. Education & Law Journal, 20(2), 129-171. Retrieved from https://0-search-proquest-com.library.svsu.edu/docview/818335682?accountid=960 One_Such_Pattern_i n_the_Indian.pdf One Such Pattern in the Indian Legal Academy Rajeev Kadambi* Problems and perspectives in Indian legal education have remained un- changed since the mid-nineteenth century when the earliest academies were estab- lished under imperial rule. Both legal studies and the profession were not created with a visible need to integrate with India’s social, political, and economic chal- lenges. This wide gap has continued to thwart efforts to reform legal education thereafter. Thus, it is important to look between the past and the present to take stock of events from pre-independence till the advent of the national law schools. The article charts the consequences of India’s legal education policy, and develop- ments, to further suggest that reforms must include more unorthodox introspection. Les problèmes et les points de vue qui prévalent dans le système de l’éducation juridique en Inde sont demeurés inchangés depuis le milieu du 19e siè- cle, lorsque les premières facultés ont été créées sous le régime impérial. L’éducation et la profession juridique n’ont pas été créées de façon à refléter les défis sociaux, politiques et économiques de l’Inde. Cet important écart continue de nuire aux tentatives de réforme du système d’éducation juridique. Par conséquent, il est important d’étudier le passé et le présent et de tenir compte des événements antérieurs à l’indépendance de ce pays jusqu’à la création des facultés nationales de droit. Cet article dresse le bilan des conséquences de la politique d’enseignement du droit en Inde et de son évolution et suggère que toute réforme devrait inclure une forme moins usuelle d’introspection. 1. INTRODUCTION Problems and perspectives in Indian legal education have remained unchanged since the mid-nineteenth century when the earliest academies were established under imperial rule. Both legal studies and the profession were not created with a visible need to integrate with India’s social, political, and economic challenges. This wide gap has continued to thwart periodical efforts to reform legal education thereafter. Thus, it is important to look between the past and the present to take stock of events from pre-independence till the advent of the national law schools. The article charts the consequences of India’s legal education policy, and develop- * Visiting Scholar, Boston College Law School & Research Scholar, Center for Disability Studies, NALSAR University of Law. I am delighted to thank: Jayanth Krishnan, Gail Hupper, Sruti Chaganti, Marc Galanter, Lasrence Liang, Koshy John, Sudipa Topdar, Neha Naqvi, Matthew John, Hemanth Kadambi, Radhika Singha, Dattathreya Subbanarasimha, Prashanth Iyengar, Gautham Chawala, Shashikala Srinivasan, Lekha Sridhar, T. Honnesh, Sreekumar Nair, and Madhav Khosla. In addition, I am thankful to the anonymous reviewer of the Education and Law Journal for her constructive feedback. Finally, I am ever grateful to my friend and grandfather — GKS. Iyengar. 130 EDUCATION AND LAW JOURNAL [20 E.L.J.] ments, to further suggest that reforms must include more unorthodox introspection. Instances from the structure of legal education, its commitment to research, and the pattern of the modern law academy are peeled in layers to sketch: how it came to be. The thematic story is that legal studies must happen in a hermeneutic manner to understand issues and problems in the life world; and as a way to open the “black box” of the human mind. The concern for learning forms the underlying pattern in the paper. The essay adopts a descriptive and narrative tone giving attention to the his- tory and rhetoric of Indian legal education. In modest ways it connects the story and different stories within which will be especially revealing to readers in the North American context. Part II covers important developments in legal education from its formal inception, after the Indian mutiny till the creation of the modern national law school. It contextualizes the political and social problems which serve as an overview of the present state. Part III covers the overlap between the powers of the BCI and UGC regulating legal education. It discusses the structural problems that affect the educational process. Part IV offers a general outline of the research environment in the country and its vital link to learning. Part V discusses some pathologies of the modern law academy. The essay concludes the need to germinate a process oriented education stressing on higher-order thinking skills. This ensures that the student and her learning rightfully occupy the center stage in future planning. 2. SUMMARY SO FAR The British had vested interests in developing India’s educational policy. Im- parting a western education was one of the means of legitimating its rule. Thomas Babington Macaulay’s Minute on Education written in 1835 for William Bentinck gave a decisive turn in the policy.1 The most important of which is the mandatory prescription of the English language as the medium of instruction2, also as a way to promote fidelity to the British Raj. Formal legal education was in a nebulous state during colonial rule since it officially assumed the crown to govern India, after the 1857 revolt. The story hangs in an era of hegemony and exploitation of the Indian masses by British conquest to be taken too seriously. Thomas Metcalf termed the concept “oriental despotism.”3 He writes: The idea of India as a country somehow lost in time nevertheless remained, and was to have profound effects not only on the working of the British Indian judicial system, but on the fundamental structures of the Raj itself.4 It is hard to imagine any major role for Indian lawyers in colonial ruled soci- 1 Minute by Hon’ble T.B. Macaulay, dated the 2nd February 1835, http://www.columbia.edu/itc/mealac/pritchett/00generallinks/macaulay/txt_minute_ education_1835.html (Accessed 20th August, 2010). 2 Ibid. 3 Thomas R. Metcalf, Ideologies of the Raj 6 (Cambridge: Cambridge University Press, 1995). 4 Ibid. at 13. ONE SUCH PATTERN IN THE INDIAN LEGAL ACADEMY 131 ety.5 It is in this context that the standard and content of education in law must be examined. The despotic English rule destroyed any future for legal education or research resulting in the alienation of Indian masses.6 Legal academic, P.K. Tripathi ob- served: The truth is that in India the thinking of all concerned, the government, the legislators, the Bar, the judiciary and the law schools alike, has been se- verely conditioned by the English attitude of indifference to the law schools and to legal education. What only made conditions in India worse than, for instance, in Canada, has been the far greater degree of political subjugation that characterized the British rule in this country, resulting, in turn, in added inferiority of status and quality for the indigenous legal institutions.7 The cultural effects of colonialism adversely impacted traditional jurispru- dences, dispute settlement, and consequently even education. Colonies became zones of experimentation for the colonizers.8 Bernard Cohn instructively demon- strates the relationship between colonialism and its conquest of knowledge as a 5 The English did not see a role for legal education in their country too at that point in time. There were two legal systems in India, a British imposed, and an indigenously working system of dispute settlement and personal laws. The highest court of appeal was not in India. There have been studies on the legal profession in India during the British rule and it is relevant to look at B.B. Misra, The Indian Middle Classes: Their Growth in Modern Times (London: OUP, 1961). Misra depicts the specialization in professions during the time of the British rule and covers the growth of the legal pro- fession as one among this during this time (at 162). But see generally, Sir Lionell Horwill, The Legal Profession in India, 6 Res Judicatae 160 (1953). Horwill writes an predictable and obsequiously anglophile version of the conditions in early independent India and what he terms “British Justice” where Indians became experts in British law (162). This is a lopsided account of a whole history of oppression. For this reason his exaggerated observation that the standard of legal education in India was “high” “at any rate in Bombay, Calcutta and Madras” must be taken with a pinch of salt in light of the condition of the Indian society at large (170-171). It is important to look at Metcalf, above note 3 at 13. Metcalf remarks about the rewriting of original Indian texts as directly in contrast with the British conception of their own law. 6 P.K. Tripathi, In the Quest for Better Legal Education 10 Journal of Indian Law Insti- tute 469-470 (1968). 7 Ibid. at 475. 8 Elizabeth Kolsky, Codification and the Rule of Colonial Difference: Criminal Proce- dure in British India, 23 Law and History Review 631 (2005). Kolsky demonstrates how the Code of Criminal Procedure enacted in 1861 contributed to the “dual system of law.” Although it was meant to be universal, it exempted British subjects from local jurisdiction. See further, Radhika Singha, A Despotism of Law, Crime & Justice in Early Colonial India (Delhi: OUP, 1998). See further, Kunal Parker, The Historiography of Difference, 23 Law and History Re- view 685 (2005). Important works in subaltern studies (studies of post-colonial society) written by scholars such as: Shahid Amin, David Arnold, Dipesh Chakrabarty, Partha Chatterjee, Ranajit Guha, David Hardiman, Sudipta Kaviraj, Gyandendra Pandey, Gyan Prakash. Gayatri Spivak, and Sara Suleri (n 1 at 685). 132 EDUCATION AND LAW JOURNAL [20 E.L.J.] way of power during the eighteenth and nineteenth century.9 The ideology of the colonial period replaced the ancient and “deeply entrenched” local self-government and customary unwritten laws.10 The British created the construct of the colonial subject by rewriting the land laws and its devolution.11 This was made possible by studying Indian languages and rewriting ancient normative codes, thus imposing British notions under its need felt for codification.12 To make age-old laws of Hindus and Muslims accessible to English judges, there were large scale attempts to translate these texts.13 Cohn describes the efforts of William Jones who carried out the translation of all indigenous codes to become the “Justinian of India.”14 The legal landscape was undergoing overwhelming change during these times: so there could have been no real space for legal education in such a rapidly transforming society. Law colleges were started around 1855, Hindu College at Delhi (as then), Cal- cutta (as then), Madras (as then), Elphinstone College at Bombay (as then).15 The conditions on the whole were dismal.16 Jain observes that there was no proper ac- cess to legal resources by Indians and moreover, all important positions were occu- pied by Englishmen and the highest appellate courts were in London.17 There was prestige attached to studying for a Bar-at-Law at