Significant Points
- The legal profession is no longer considered mundane. It is becoming a well paid and glamorous profession.
- There is enough scope for the one who is sincere, hardworking and brilliant. Exciting possibilities await such a person.
The Advocates Act, 1961, (`the Act’) came into force with effect from 19th May, 1961 to promote and regulate the legal profession. Section 2, clause (a) defines an Advocate as a person entered in any roll under the provisions of the Act as such and the term `roll’ according to clause (k) means a roll of Advocates prepared and maintained under the Act. Section 24 to the extent it is relevant for our purpose provides as under:
“24. Persons who may be admitted as Advocates on a State roll-(1) Subject to the provisions of this Act, and the rules made there under, a person shall be qualified to be admitted as an Advocate on a State roll, if he fulfils the following conditions, namely:-
(a) he is a citizen of India;
(b) he has completed the age of twenty-one years; and
(c) he has obtained a degree in law.
It will be seen from the above provisions that unless a person is enrolled as an Advocate by a State Bar Council, he shall have no right to practise in a court of law or before any other tribunal or authority. Once a person fulfils the requirements of Section 24 for enrolment, he becomes entitled to be enrolled as an Advocate and on such enrolment he acquires a right to practise as stated above.
Law is as old as civilization. It touches each aspect of life, be it a family matter or a property matter or a service matter or a labour matter. With the advance in civilization and technology, law has also become increasingly complex. Since law touches each aspect of life, society needs persons well trained in law so that they might guide the people in need of such assistance to solve their problems. With this object in view since long many universities and law colleges in India have been offering LL.B. (Bachelor of laws) course.
Many universities in India offer a Three-Year Degree in law. Any student who has secured more than 45-50% marks at the graduate level now can join this course. There is an entrance test for joining this course and if he comes in the merit list which depends on the number of seats available in a particular institution; he can be admitted to the course. This course is divided into six semesters.
Some universities and law schools in India also offer a Five-Year Degree Course which saves one year of the student as one can do B.A.L.L.B. in five years instead of six years needed for first doing graduation and later L.L.B. Those who have done 10+2 can join for this course. Of course, admission is through an entrance test and on the basis of merit. They are offered the degree of B.A. LL.B. Under this programme, students are taught some general subjects of B.A. in addition to subjects relating to law. This course is divided into 10 semesters.
B.A LLB & L.L.M ENTRANCE - COMMON LAW ADMISSION TEST, (CLAT)
There is a common entrance test for undergraduate and post-graduate programmes at top eleven law schools: namely NLSIU, Bangalore; NALSAR, Hyderabad; NLIU, Bhopal; WBNUJS, Kolkata; NLU, Jodhpur; HNLU, Raipur; GNLU, Gandhi Nagar; RMNLU, Lucknow; RGNUL, Patiala; CNLU, Patna and NUALS, Kochi. Indian nationals seeking admission courses in these institutions must appear in CLAT. Common Law Admission Test (CLAT) for LLB and LLM is conducted in the month of May, every year.
The test is of 2 hours duration and carries a total of 200 marks. There is no negative marking and the paper contains objective type of short answer questions of a standard expected of 10+2 students with the following break up of marks-
(a) English – 40 marks
(b) General Knowledge – 50 marks
(c) Mathematics – 20 marks
(d) Legal Aptitude – 40 marks
(e) Logical Reasoning – 50 marks
The entrance test for LL.M. is held along with the entrance test for the B.A., LL.B. (Hons.) The paper consists of four sections, each carrying 50 marks.
Students are imparted training in such subjects as Legal History, Jurisprudence, Constitutional Law, Law of Contract, Family Law, Civil Procedure Code, Criminal Procedure Code, Law of Evidence, Labour Laws, Limitation Act, Interpretation of Statutes, Administrative Law, Banking Laws, Taxation Laws, Land Laws, Property Laws, Co-operative Laws, Insurance laws, etc.
Life always throws up new problems and the ever-expanding field of law has been able to confront such problems by devising new solutions to legal issues. In order to meet such issues, many universities in India offer these days such courses as Intellectual Property Laws, Environmental Laws, Human Rights and International Law, Investment and Security Laws, Woman and Law and Laws Relating to the Rights of the Child, International Economic Law, etc.
Four hundred years ago Shakespeare’s character Hamlet lamented “law’s delays.” These days also Courts are burdened with backlog of cases. One often hears people moaning that justice delayed is justice denied. In order to speed up justice, a new system of delivery of justice is fast gaining ground which is called “Arbitration, Conciliation and Alternative Disputes Resolution System.” Some universities in India now offer it as one of the courses. It is expected that Advocates with good grounding in Alternative Disputes Resolution Systems will be in demand in courts, mediation centers and institutions. Mediation Centers are now becoming an integral part of Courts of law.
The legal profession is no longer considered mundane. It is becoming a well paid and glamorous profession. There is enough scope for the one who is sincere, hardworking and brilliant. Exciting possibilities await such a person.
“A lawsuit is a fruit-tree planted in a lawyer’s garden.”
…Italian Proverb