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LL.M. in India: A Critical Review

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Badrinath Srinivasan
Badrinath Srinivasan

Presented in the National Conference on Contemporary Legal Education in Salem, Tamil Nadu on 17th & 18th September, 2016.

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LL.M. IN INDIA: A CRITICAL REVIEW S. BADRINATH, LL.M., A.I.I.I., M.C.I. Arb. Sr. Executive (Law), Bharat Heavy Electricals Limited, Ranipet Visiting Faculty for LL.M., Pondicherry University (formerly) www.practicalacademic.blogspot.in
Synopsis State of the LL.M. Programme Problems with the LL.M. Programme Possible Solutions Conclusion
State of the LL.M. Programme Previous LL.M. Pattern- Two Year LL.M. Compulsory Courses Optional Courses Dissertation One-Year LLM UGC Guidelines 2012-13 Most Institutions offer One-Year LLM. Salient Features of One-Year LL.M. Trimester pattern recommended (institutions free to offer semester pattern)
State of the LL.M. Programme (II) 12 weeks of classes/ training/ practical per trimester (18 weeks in case of semester) 3 foundational courses, six optionals and a dissertation- 24 credits Cluster of subjects constituting specialisations Mandatory disclosure of infrastructure.
Problems with LL.M. (I) Goal of the LL.M. Programme Law Teaching v. Others Orthodox view of institutions Students View Unoriginal Legal Research Methodology Course Legal research soul of law practice- at the UG level At PG level- some thing more than the basics Lack of proper text books on legal research methods
Problems with LL.M. (II) No innovative methods are taught- statistical/ empirical Traditional methods are not taught with real papers/ works Lack of Student quality Do not meet high standards Inability of vast no. of students to meet the rigorous standards of LL.M. Lack of Substantive Research Output Due to lack of high student quality
Problems with LL.M. (III) Does LL.M. in India encourage legal research? Even dissertations are not up to the mark Doctrinaire Approach of Law Faculty Dissonance between taught law and law in action Consequence- unrealistic legal research One-Year LLM Too Short for really equipping students? Unless other problems are resolved, One- Year Programme would not achieve the goal.
Solutions (I) Changing Goal of LL.M. Change reflected even at the policy level- NKC Report, UGC Guidelines Institutional Support for the entire range of possible careers after LL.M. is necessary Change in Dogmatic Approach by law Faculty Need for combining theoretical & practical approaches at LL.M. level Traditional methods of teaching- insufficient.
Solutions (II) Student Quality Stringent entrance examinations- CLAT Regime? Pre-LL.M. Orientations- crash courses Improving Quality of Legal Research at LL.M. Make at least one publication compulsory Innovative Legal Research Methodology Courses UGC & law faculties- Devise Syllabus & Reading Materials and Train Faculty Members to take up these courses
Solutions (III) Internships/ Training Part of LL.M. Already in Place in Various Forms- Internships, Teaching Internships, etc. More serious- part of the curriculum Ranking Institutions Need for comprehensive methodology based ranking of LL.M. Institutions Fosters competitiveness between institutions & helps students make an informed choice of the institutions.
Conclusion Two Fundamental Challenges (1) Student Quality, (2) disconnect between taught law & Law-in Practice Pre-LL.M. orientation- rigorous courses Disconnect- bridged by internships/ workshops for law teachers. Policy for inviting practitioners/ industry experts to law academia with attractive pay packages
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LL.M. in India: A Critical Review

  • 1. LL.M. IN INDIA: A CRITICAL REVIEW S. BADRINATH, LL.M., A.I.I.I., M.C.I. Arb. Sr. Executive (Law), Bharat Heavy Electricals Limited, Ranipet Visiting Faculty for LL.M., Pondicherry University (formerly) www.practicalacademic.blogspot.in
  • 2. Synopsis State of the LL.M. Programme Problems with the LL.M. Programme Possible Solutions Conclusion
  • 3. State of the LL.M. Programme Previous LL.M. Pattern- Two Year LL.M. Compulsory Courses Optional Courses Dissertation One-Year LLM UGC Guidelines 2012-13 Most Institutions offer One-Year LLM. Salient Features of One-Year LL.M. Trimester pattern recommended (institutions free to offer semester pattern)
  • 4. State of the LL.M. Programme (II) 12 weeks of classes/ training/ practical per trimester (18 weeks in case of semester) 3 foundational courses, six optionals and a dissertation- 24 credits Cluster of subjects constituting specialisations Mandatory disclosure of infrastructure.
  • 5. Problems with LL.M. (I) Goal of the LL.M. Programme Law Teaching v. Others Orthodox view of institutions Students View Unoriginal Legal Research Methodology Course Legal research soul of law practice- at the UG level At PG level- some thing more than the basics Lack of proper text books on legal research methods
  • 6. Problems with LL.M. (II) No innovative methods are taught- statistical/ empirical Traditional methods are not taught with real papers/ works Lack of Student quality Do not meet high standards Inability of vast no. of students to meet the rigorous standards of LL.M. Lack of Substantive Research Output Due to lack of high student quality
  • 7. Problems with LL.M. (III) Does LL.M. in India encourage legal research? Even dissertations are not up to the mark Doctrinaire Approach of Law Faculty Dissonance between taught law and law in action Consequence- unrealistic legal research One-Year LLM Too Short for really equipping students? Unless other problems are resolved, One- Year Programme would not achieve the goal.
  • 8. Solutions (I) Changing Goal of LL.M. Change reflected even at the policy level- NKC Report, UGC Guidelines Institutional Support for the entire range of possible careers after LL.M. is necessary Change in Dogmatic Approach by law Faculty Need for combining theoretical & practical approaches at LL.M. level Traditional methods of teaching- insufficient.
  • 9. Solutions (II) Student Quality Stringent entrance examinations- CLAT Regime? Pre-LL.M. Orientations- crash courses Improving Quality of Legal Research at LL.M. Make at least one publication compulsory Innovative Legal Research Methodology Courses UGC & law faculties- Devise Syllabus & Reading Materials and Train Faculty Members to take up these courses
  • 10. Solutions (III) Internships/ Training Part of LL.M. Already in Place in Various Forms- Internships, Teaching Internships, etc. More serious- part of the curriculum Ranking Institutions Need for comprehensive methodology based ranking of LL.M. Institutions Fosters competitiveness between institutions & helps students make an informed choice of the institutions.
  • 11. Conclusion Two Fundamental Challenges (1) Student Quality, (2) disconnect between taught law & Law-in Practice Pre-LL.M. orientation- rigorous courses Disconnect- bridged by internships/ workshops for law teachers. Policy for inviting practitioners/ industry experts to law academia with attractive pay packages