I am currently reading two Malayalam books- "Abhibhashakavrithiyile Abicharngal(translation of title:"Exorcism in Advocacy") and Judiciariyile Abhicharangal(translation of title: "Exorcism in Judiciary") both written by Shri P C Ulahannan, an advocate and former Government Pleader of Kerala High Court,and published by Pen Books. These books reveal the darker side of legal profession and judiciary and brings home the truth that everything is not rosy in either advocacy or judiciary. The author, using very harsh words, borne from his background as a struggling lawyer, has brought out the worst side of judiciary and legal profession through these books. Every person who has ever worn the garb of lawyer would certify that most of the pictures drawn by the author are nothing but the grim reality of legal profession. A passage that has especially drawn me to absolute agreement is that legal profession in India, which is fighting for the legal rights of others is the only profession which does not have minimum wages,- an irony which should open the eye of every practicing lawyer and administrators. Many of the stories narrated by the author are known to everyone, but those which no one dares to speak. All kudos to the moral courage shown by the author who is also a member of the profession to come out in open with these stories, so that they do not end up as tea time stories or gossips going round in the bar association halls, but are put down in writing to be discussed those interested in the welfare of the profession.
One of my students once told me about a proposed meeting in Calicut to demand minimum wages for junior lawyers-I was told that the seniors had threatened that those who participate in the meeting would be ousted from their offices, and ultimately many of the organizers themselves did not attend the meeting!! I am not personally sure whether the story is true or a fiction, but what I know is that during the entire period I had practiced, I was never paid anything by my seniors!! Every law student and every new entrant to legal profession must read both these books, and should make up their mind to change the situation. I firmly believe a change can be brought in only through reorganising the bar into corporate set up, instead of leaving legal practice to individual lawyers. This needs to be done through legislation rather than leaving it to the individual choice of lawyers, as this is the only way minimum wages and decent working conditions can be ensured to lawyers.It is hoped that the administrators and legal profession will wake up to the reality that it is their duty to ensure that every new incumbent into the profession is given a decent means of livelihood so that general public does not look down on the profession as a resting place for unworthy citizens!!!
Friday, August 27, 2010
Wednesday, May 19, 2010
My SSRN pages
John Varghese
--------------------------------------------------
View my research on my SSRN Author page:
http://ssrn.com/author=1481995
--------------------------------------------------
View my research on my SSRN Author page:
http://ssrn.com/author=1481995
Wednesday, May 5, 2010
Government Law College, Kozhikode-Dream 2020
You cant call it a vision, because a vision is something you foresee to happen in near future and so I call it a dream- a dream which may sometimes come true!
Here is how I visualise the infrastructure and acadamic changes in Govt Law College, Kozhikode by the year 2020. This would be in the backdrop of dual degree programmes as suggested by BCI for Law degree courses.
Academic:
1. There will be combined degree courses such as BA(Psychology)-LLB, BSc(Forensic Science)-LLB, BBA-LLB, BA (Criminology)-LLB, BSc (IPR)- LLB,BCom-LLB, BTech-LLB, MBBS-LLB, BA (Economics)LLB, BA (Politics) LLB in collaboration with other Government educational institutions in and around Calicut.
2. Entrance will be through CLAT or similar examinations and +2 or degree marks with no compromise on the student quality.
3. All the courses will be in the Credit and Semester system, and the students who are enrolled in Govt Law College, Kozhikode, can attend classes in the various colleges in collaboration with Govt Law College for the courses conducted by them. The credits scored by the students will be shared at an institutional level and the final score card will be prepared by the Govt Law College, Kozhikode. Similarly, students enrolling for courses in other partner institutions can also attend classes in Govt Law College, Kozhikode.
4. The examination would be for each course, and completely internalised, with marks divided into 50% for assignment, presentation, moot courts & viva and the rest 50% for an online examination conducted by an external agency, in the pattern of GMAT(1 word +2 essays.)The one word questions will be set from a question bank of which would intitially start with about 100 questions for each subject, which will be edited and added to by the teachers from time to time, and the question bank and the answerkeys would be accessible to the students. The questions will be finalised after seeking objections from the students and the lawyer community in general.
5. Instead of current system of conducting moot courts as a seperate course, moot courts and mock trials, where ever possible would be an integral part of each subject, and the students have the option to choose between taking moot courts or assignments, with the condition that a student should take at least one moot court in a semester, with freedom to choose the subject for which he takes the moot court.
6. The University would have duty only to provide the final degree certificate on the basis of credit sheets forwarded by the college.
7. There should be no more than 25-30 students in each batch, though the college can have more than 1 LLB batch eg 1 batch for BA(Psychology)-LLB, 1 for BSc(Forensic Science)-LLB, 1 for BBA-LLB, 1 for BA (Criminology)-LLB,1 for BSc (IPR)- LLB,1 for BCom-LLB,1 for BTech-LLB,1 for MBBS-LLB etc.,the total student intake however not exceeding 100-150 in a year.
8. There should be a feed back mechanism for the students to give their views about the teaching style and attitude of the teachers, which would not have any bearing on the teachers performance assessment, but would be shared to the teacher to for better management of classes. It would be ideal if such a survey is conducted by an independent agency, and the data of individual student participating in the survey is not shared with the teachers, though overall data and results shall be shared with the teachers privately and individually.
9. Visiting faculty from other law colleges in and out of India would be taking courses and addressing students at least once in a year in Government Law College, Kozhikode.
10. The legal aid clinic should be providing legal advice-free as well as paid advice to outside clients and general public, charging fee based on the income criteria of the clients, and there would be an ADR center in the college, which will utilise the experience of both teachers and outside experts where students can get on the job training on ADR activities.
11. Students to undergo mandatory internship in any 5 of the following organisations-an NGO, a trial court lawyers office, an appellate court lawyers office, corporate legal department, a law firm, judicial clerkship, law library.
Infra Structure:
1. State of the art class rooms, with Interactive boards and touch screens for teachers and students and public address systems in all class rooms. The class rooms will be dust free and as far as possible cool. Wooden furniture will be replaced by custom made and Eco-friendly furniture, with individual seating. The students will be responsible for the maintainance of the college furniture in an individual and collective manner and unless the cost of furnitures destroyed by the students is not reimbursed the degree certificates would not be released and further the future employer, and Bar Council of India would be informed about the loss to be recovered from the student and no enrollment or employment would be permitted unless such amount is paid by the student to the college.
2. Tiling of the entire buildings to be completed.
3. Digital library and internet room with at least 40 seats. Digital library to have all the major online and CD rom resources in the world.
4. Automation and extension of current library converting it to a separate library complex, with all books RFID tagged and bar coded. The interiors should be dust free and cozy, with sofas replacing chairs and tables. Air conditioning if possible. Library should be open 24*7. Access to the library to be controlled by biometric identifier.
5. All students should have biometric ID cards. Course system with about 25 students in each class would facilitate moving completely to an automated attendance management system.
6. Bio gas to manage waste and solar electricity to manage the power systems.
7. Academic complex for class rooms and faculty rooms, with each faculty in charge of a separate class room. Instead of teachers going to classes, it would be students coming to each teachers class. Faculty rooms would be adjacent to each class room.
8. All class rooms to have internet and digital library content access through wifi and wired connections.
9. Hostel rooms to have better facilities like chairs, dust free atmosphere, restricted entry.
10. Full fledged canteen in the campus.
11. Faculty and students rest rooms, with Air Conditioner and wifi internet access.
12. Separate reading room for news paper reading.
13. Open air arena-cum multi purpose ground.
14. Jogging track
15. Multi gym.
16.At least 1 Guest room with air conditioning and toilet facilities for visiting faculty.
17. Complete automation of the office and student attendance management.
18. Conference room with conferencing facilities.
19. Backside exit to Principals room to avoid locking up by students.
20. Moot Court hall with state of the art facilities.
21.Renovation of auditorium with sound proofing, air conditioning, carpeting,non permanent cushioned seats and stage arrangement.
22. Seminar halls for conducting small seminars.
23.Garbage bins at various points in the college, with the bio waste moving to centralised bio gas plant and other waste to be recycled.
The list is large to make the readers feel I am mad!! But its a dream and I think the achievement of each of items in this list is not an impossible one! It needs the teachers and students working together. It also needs a huge,no gigantic governmental support since the infra structure and academic changes cannot be financed through internal methods, though consultancy to teachers and st
Here is how I visualise the infrastructure and acadamic changes in Govt Law College, Kozhikode by the year 2020. This would be in the backdrop of dual degree programmes as suggested by BCI for Law degree courses.
Academic:
1. There will be combined degree courses such as BA(Psychology)-LLB, BSc(Forensic Science)-LLB, BBA-LLB, BA (Criminology)-LLB, BSc (IPR)- LLB,BCom-LLB, BTech-LLB, MBBS-LLB, BA (Economics)LLB, BA (Politics) LLB in collaboration with other Government educational institutions in and around Calicut.
2. Entrance will be through CLAT or similar examinations and +2 or degree marks with no compromise on the student quality.
3. All the courses will be in the Credit and Semester system, and the students who are enrolled in Govt Law College, Kozhikode, can attend classes in the various colleges in collaboration with Govt Law College for the courses conducted by them. The credits scored by the students will be shared at an institutional level and the final score card will be prepared by the Govt Law College, Kozhikode. Similarly, students enrolling for courses in other partner institutions can also attend classes in Govt Law College, Kozhikode.
4. The examination would be for each course, and completely internalised, with marks divided into 50% for assignment, presentation, moot courts & viva and the rest 50% for an online examination conducted by an external agency, in the pattern of GMAT(1 word +2 essays.)The one word questions will be set from a question bank of which would intitially start with about 100 questions for each subject, which will be edited and added to by the teachers from time to time, and the question bank and the answerkeys would be accessible to the students. The questions will be finalised after seeking objections from the students and the lawyer community in general.
5. Instead of current system of conducting moot courts as a seperate course, moot courts and mock trials, where ever possible would be an integral part of each subject, and the students have the option to choose between taking moot courts or assignments, with the condition that a student should take at least one moot court in a semester, with freedom to choose the subject for which he takes the moot court.
6. The University would have duty only to provide the final degree certificate on the basis of credit sheets forwarded by the college.
7. There should be no more than 25-30 students in each batch, though the college can have more than 1 LLB batch eg 1 batch for BA(Psychology)-LLB, 1 for BSc(Forensic Science)-LLB, 1 for BBA-LLB, 1 for BA (Criminology)-LLB,1 for BSc (IPR)- LLB,1 for BCom-LLB,1 for BTech-LLB,1 for MBBS-LLB etc.,the total student intake however not exceeding 100-150 in a year.
8. There should be a feed back mechanism for the students to give their views about the teaching style and attitude of the teachers, which would not have any bearing on the teachers performance assessment, but would be shared to the teacher to for better management of classes. It would be ideal if such a survey is conducted by an independent agency, and the data of individual student participating in the survey is not shared with the teachers, though overall data and results shall be shared with the teachers privately and individually.
9. Visiting faculty from other law colleges in and out of India would be taking courses and addressing students at least once in a year in Government Law College, Kozhikode.
10. The legal aid clinic should be providing legal advice-free as well as paid advice to outside clients and general public, charging fee based on the income criteria of the clients, and there would be an ADR center in the college, which will utilise the experience of both teachers and outside experts where students can get on the job training on ADR activities.
11. Students to undergo mandatory internship in any 5 of the following organisations-an NGO, a trial court lawyers office, an appellate court lawyers office, corporate legal department, a law firm, judicial clerkship, law library.
Infra Structure:
1. State of the art class rooms, with Interactive boards and touch screens for teachers and students and public address systems in all class rooms. The class rooms will be dust free and as far as possible cool. Wooden furniture will be replaced by custom made and Eco-friendly furniture, with individual seating. The students will be responsible for the maintainance of the college furniture in an individual and collective manner and unless the cost of furnitures destroyed by the students is not reimbursed the degree certificates would not be released and further the future employer, and Bar Council of India would be informed about the loss to be recovered from the student and no enrollment or employment would be permitted unless such amount is paid by the student to the college.
2. Tiling of the entire buildings to be completed.
3. Digital library and internet room with at least 40 seats. Digital library to have all the major online and CD rom resources in the world.
4. Automation and extension of current library converting it to a separate library complex, with all books RFID tagged and bar coded. The interiors should be dust free and cozy, with sofas replacing chairs and tables. Air conditioning if possible. Library should be open 24*7. Access to the library to be controlled by biometric identifier.
5. All students should have biometric ID cards. Course system with about 25 students in each class would facilitate moving completely to an automated attendance management system.
6. Bio gas to manage waste and solar electricity to manage the power systems.
7. Academic complex for class rooms and faculty rooms, with each faculty in charge of a separate class room. Instead of teachers going to classes, it would be students coming to each teachers class. Faculty rooms would be adjacent to each class room.
8. All class rooms to have internet and digital library content access through wifi and wired connections.
9. Hostel rooms to have better facilities like chairs, dust free atmosphere, restricted entry.
10. Full fledged canteen in the campus.
11. Faculty and students rest rooms, with Air Conditioner and wifi internet access.
12. Separate reading room for news paper reading.
13. Open air arena-cum multi purpose ground.
14. Jogging track
15. Multi gym.
16.At least 1 Guest room with air conditioning and toilet facilities for visiting faculty.
17. Complete automation of the office and student attendance management.
18. Conference room with conferencing facilities.
19. Backside exit to Principals room to avoid locking up by students.
20. Moot Court hall with state of the art facilities.
21.Renovation of auditorium with sound proofing, air conditioning, carpeting,non permanent cushioned seats and stage arrangement.
22. Seminar halls for conducting small seminars.
23.Garbage bins at various points in the college, with the bio waste moving to centralised bio gas plant and other waste to be recycled.
The list is large to make the readers feel I am mad!! But its a dream and I think the achievement of each of items in this list is not an impossible one! It needs the teachers and students working together. It also needs a huge,no gigantic governmental support since the infra structure and academic changes cannot be financed through internal methods, though consultancy to teachers and st
Monday, April 12, 2010
Some Suggestions to improve quality of legal Justice administration in India
1. Complete computerisation of courts and interconnection of court network giving real time court room picture to lawyers, litigants and public.
2. Enabling e filing
3. Promoting arbitration and mediation as not just alternative methods but mandatory preliminary steps before litigation.
4. Where ever possible chief examination to be made by affidavits
5. Recording of trials-
a. help review, revision and appeal judges to better appreciate oral evidence,
b.help to preserve the "lost evidence"
c.promote quality of trials
d.provides additional resource for legal education
6.Digitisation of entire court records-
a.help transfer of trial record seamless, and gives an efficient back up mechanism.
b. helps better space management of courts
7. E filing to be made mandatory-
a.promotes access to justice to lay litigants from far off places
b.helps simplify litigation process
c.reduce paper load and storage space required in courts
8. Make court room furniture litigant friendly
a. more room for litigants and public
b. separate seats for witnesses who are public spirited citizens, and deserve better treatment in courts.
c. witness boxes to be removed and instead witness seats to be given,from where witnesses can give evidence in a friendly atmosphere.
8. Law colleges to be made permanent seats of arbitration and mediation-
a. helps sharpen the mediation and arbitration skills in lawyers at early stages
b. instills firm belief in utility of arbitration methods in young lawyers
c.makes real term clinical legal education a reality
d. clinical methodology can be imparted without much efforts.
9.Expertise of law teachers to be utilised for improving efficiency in administration of justice-especially since Indian constitution provides that jurists of eminence can be appointed as Supreme Court judges and jurists interalia includes law teachers and the qualification of law teachers interalia includes those required for a judge.
10. Legal education systems to be strengthened to create an ethical bar and a sensitive and academic bench. Value education to be made compulsory topic of legal education in the opening semesters.
2. Enabling e filing
3. Promoting arbitration and mediation as not just alternative methods but mandatory preliminary steps before litigation.
4. Where ever possible chief examination to be made by affidavits
5. Recording of trials-
a. help review, revision and appeal judges to better appreciate oral evidence,
b.help to preserve the "lost evidence"
c.promote quality of trials
d.provides additional resource for legal education
6.Digitisation of entire court records-
a.help transfer of trial record seamless, and gives an efficient back up mechanism.
b. helps better space management of courts
7. E filing to be made mandatory-
a.promotes access to justice to lay litigants from far off places
b.helps simplify litigation process
c.reduce paper load and storage space required in courts
8. Make court room furniture litigant friendly
a. more room for litigants and public
b. separate seats for witnesses who are public spirited citizens, and deserve better treatment in courts.
c. witness boxes to be removed and instead witness seats to be given,from where witnesses can give evidence in a friendly atmosphere.
8. Law colleges to be made permanent seats of arbitration and mediation-
a. helps sharpen the mediation and arbitration skills in lawyers at early stages
b. instills firm belief in utility of arbitration methods in young lawyers
c.makes real term clinical legal education a reality
d. clinical methodology can be imparted without much efforts.
9.Expertise of law teachers to be utilised for improving efficiency in administration of justice-especially since Indian constitution provides that jurists of eminence can be appointed as Supreme Court judges and jurists interalia includes law teachers and the qualification of law teachers interalia includes those required for a judge.
10. Legal education systems to be strengthened to create an ethical bar and a sensitive and academic bench. Value education to be made compulsory topic of legal education in the opening semesters.
Friday, February 26, 2010
Free Online Law books in India
Some free online law books:
ebookee.com/law.html
sites.google.com/site/gyanendrasinghchauhancom/
indiankanoon.org/
judis.openarchive.in/ (scc)
judis.nic.in/
judis.nic.in/supremecourt/chejudis.asp (SCC)
supremecourtcaselaw.com/ (SCC)
indiacode.nic.in/
lobis.nic.in/mhc/srjud.php (MP HIGH COURT JUDGEMENT)
legalserviceindia.com/
dictionary.law.com/
lectlaw.com/def.htm (law dictionary online)
books.google.co.in/books?q=law
vakilno1.com/
gigapedia.com/
answeringlaw.com (scc)
gunaccessories.com/ (ARMS)
indiabook.com/Government/Law/index.html
indianlawcds.com/Free_indian_bare_Acts.htm
india.gov.in/govt/acts.php
legalhelpindia.com/cause-lists.html
lawzonline.com/
legalindia.in/
legalapproach.net/
lawguru.com
indlegal.com/
rtiindia.org/
indlii.org
loc.gov/law/help/guide/nations/india.php
forensic.jouwbegin.nl/
divorcelawyerindia.com/
stpl-india.in/
ebookee.com/law.html
sites.google.com/site/gyanendrasinghchauhancom/
indiankanoon.org/
judis.openarchive.in/ (scc)
judis.nic.in/
judis.nic.in/supremecourt/chejudis.asp (SCC)
supremecourtcaselaw.com/ (SCC)
indiacode.nic.in/
lobis.nic.in/mhc/srjud.php (MP HIGH COURT JUDGEMENT)
legalserviceindia.com/
dictionary.law.com/
lectlaw.com/def.htm (law dictionary online)
books.google.co.in/books?q=law
vakilno1.com/
gigapedia.com/
answeringlaw.com (scc)
gunaccessories.com/ (ARMS)
indiabook.com/Government/Law/index.html
indianlawcds.com/Free_indian_bare_Acts.htm
india.gov.in/govt/acts.php
legalhelpindia.com/cause-lists.html
lawzonline.com/
legalindia.in/
legalapproach.net/
lawguru.com
indlegal.com/
rtiindia.org/
indlii.org
loc.gov/law/help/guide/nations/india.php
forensic.jouwbegin.nl/
divorcelawyerindia.com/
stpl-india.in/
Monday, November 23, 2009
My Lessons as a Seminar Organiser..what i didnt learn before and learnt after!
1. Never under estimate your capabilities. You can achieve what ever you want if you work with single minded devotion.
2. A good support system is a must to be a good organiser. Bank on your friends.
3. It is not enough to give your students a great lunch! You have to beg to them to come and have it or else they will try to defeat you by not eating the lunch!.
4. Law students of this generation have not even heard of a concept called direction-especially if they are studying in a University which tries to take away even the small direction the teachers try to give by unscientific examination system!
5. There are a few good students, among all lots.Keep eye on them alone and leave the rest behind..u will succeed!
2. A good support system is a must to be a good organiser. Bank on your friends.
3. It is not enough to give your students a great lunch! You have to beg to them to come and have it or else they will try to defeat you by not eating the lunch!.
4. Law students of this generation have not even heard of a concept called direction-especially if they are studying in a University which tries to take away even the small direction the teachers try to give by unscientific examination system!
5. There are a few good students, among all lots.Keep eye on them alone and leave the rest behind..u will succeed!
Saturday, October 3, 2009
New Challenges in Legal Education:
Nothing is static-nor is legal education. Law being an instrument and creation of social change at the same time, legal environment changes with the change in the society. And society changes with the advancement of time. It would not be wrong to say that every second the legal system goes through some change or other. Some changes are made by courts, some by legislature, but most by the natural forces-human behaviour, perceptions about law, natural climate etc. do have some or other bearing on the legal system of the country.
As some realists say law is like a living organism. Its growth-whether direct or collateral is as amazing as the development of the Universe. Along with the growth of law, the legal professional also needs to equip himself with new tools for survival. Traditionally law is regarded as a self study subject. What ever be the jurisdiction, law schools could never boast that they teach the students a-z of law. Nor could they boast that the entire basics of law could be imparted during the students tenure in law school. What the best of the law schools can claim is that they are able to equip the students with an outlook which would help the students to understand the law, if they have time to devote for law.
This is exactly where the legal education differs from other education streams. A doctor get most of his training from the medical school, and engineer or a science/arts/history student gets his basics from the engineering school or basic graduate school, but a lawyer never gets any skill from the law school. What he gets is an approach and an aptitude for law, which he has to horn himself. Perhaps this is what many law students do not understand while undergoing a law course. Most of the students join law courses with an intention to learn law-which many law schools try to deliver, but fail miserably because of the ever changing facet of law.
As some realists say law is like a living organism. Its growth-whether direct or collateral is as amazing as the development of the Universe. Along with the growth of law, the legal professional also needs to equip himself with new tools for survival. Traditionally law is regarded as a self study subject. What ever be the jurisdiction, law schools could never boast that they teach the students a-z of law. Nor could they boast that the entire basics of law could be imparted during the students tenure in law school. What the best of the law schools can claim is that they are able to equip the students with an outlook which would help the students to understand the law, if they have time to devote for law.
This is exactly where the legal education differs from other education streams. A doctor get most of his training from the medical school, and engineer or a science/arts/history student gets his basics from the engineering school or basic graduate school, but a lawyer never gets any skill from the law school. What he gets is an approach and an aptitude for law, which he has to horn himself. Perhaps this is what many law students do not understand while undergoing a law course. Most of the students join law courses with an intention to learn law-which many law schools try to deliver, but fail miserably because of the ever changing facet of law.
Subscribe to:
Posts (Atom)