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A very goodafternoon to all those present, today I would like to touch upon the concept of Legal Clinics-

its evolution, establishment and functioning with specific reference to role that jurists and lawyers play.
To begin with I would like to state that Clinical Legal Education (CLE) has been a significant part of legal
education since 1960. The first clinic started in U. K. in 1970 and in Australia in 1990s.
WHAT IS MEANT BY CLINICAL LEGAL EDUCATION?
The Clinical Legal Education can be defined in various ways
Black's Law Dictionary, 6th Edition
A legal clinic (also law clinic or law school clinic) is a law school program providing hands-on-legal
experience to law school students and services to various clients.
1

Kuljit Kaur ,Legal Education and Social Transformation-
Clinical Legal Education is essentially a multi-disciplined, multipurpose education which can develop the
human resources and idealism needed to strengthen the legal system a lawyer, a product of such
education would be able to contribute to national development and social change in a much more
constructive manner.
2

Richard Lewis, Clinical Legal Education Revisited Professor of Law, Cardiff University, Wales, United
Kingdom, Pg. 5
A learning environment where students identify, research and apply knowledge in a setting which
replicates, at least in part, the world where it is practiced. It almost inevitably means that the student
takes on some aspect of a case and conducts this as it would be conducted in the real world.
3

Clinics are usually directed by clinical professors.
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Legal clinics typically do pro bono work in a particular
area, providing free legal services to clients.


1
Black's Law Dictionary, 6th Edition, "clinical legal studies," (St. Paul, Minn: West Publishing Co.,
1990), 254
2
Kuljit Kaur ,Legal Education and Social Transformation [available at:
http://alsonline.amity.edu/Docs/alwjlegkk.pdf] [viewed on: 25/06/2009]
3
Richard Lewis, Clinical Legal Education Revisited Professor of Law, Cardiff University, Wales, United
Kingdom, Pg. 5 , [available at: http://www.law.cf.ac.uk/research/pubs/repository/21] [viewed on: 25/06/2009]
4
Black's Law Dictionary, 6th Edition, "clinical legal studies," (St. Paul, Minn: West Publishing Co., 1990), 254
The following are the basic features of the clinical legal education.
(i) The students are to experience the impact of law on the life of the people.
(ii) The students are to be exposed to the actual issues of the dispute.
(iii) The students are to be acquainted with the lawyering process in general and the skills of advocacy in
particular.
(iv)The students are to critically consume knowledge from outside the traditional legal arena for better
delivery of legal services.
(v) The students are to develop research aptitude, analytical pursuits and communicating skills.
(vi) They are to understand the limit and limitations of the formal legal system and not give false,
inaccurate advice.
(vii) They are to imbibe social and humanistic values in relation to law and legal process while following
the norms of professional ethics
TYPES OF LEGAL CLINICS
The aims and objective of each type of clinic are in principle the same. The legal clinics may be divided
into three types:
1. Simulation clinic: Students can learn from variety of simulations of what happens in legal practice.
Ex moot Court commonplace etc. Cases can be acted out in their entirety, from the taking of initial
instructions to a negotiated settlements or Court hearing. Other simulations can range from negotiation
exercises, client interviewing exercises, transaction exercises etc.
2. The In-house real client clinics: In this model the clinic is based in the law school. It is offered,
monitored and controlled in law school. In this type of clinic the clients require actual solutions to their
actual problems hence it is called as real client clinic. The client may be selected from a section of the
public. The service is given in the form of advice only or advice and assistance. In this type of Clinics,
Clients are interviewed and advised orally or in writing and also helped with the preparation of their
cases. The clinic may operate as a paralegal services or a fully-fledged solicitors practice.
3. The out-house clinic: It is a clinic that involves students in exercising legal work outside the college
or university. These types of clinics may operate on the basis of advice giving only. Such agencies are run
by trade union councils and other non-statutory bodies. The clinic might take the form of placement also
in solicitors office or barristers chambers.
Constitutional Provisions
Article 39A of the Constitution of India provides that State shall secure that the operation of the
legal system promotes justice on a basis of equal opportunity, and shall in particular, provide
free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other
disability.
Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a
legal system which promotes justice on a basis of equal opportunity to all.
Sec. 304, Criminal Procedure Code: The Constitutional duty to provide legal aid arises from the
time the accused is produced before the Magistrate for the first time and continues whenever
he is produced for remand.
JURISTS
1. Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in
various conferences of Law Ministers and Law Commissions.
2. EXPERT COMMITTEE ON LEGAL AID, 1973 headed by Mr. Krishna Iyer. Meanwhile there were
many state initiatives taken and more state Reports were prepared which lead to development
of legal aid in the states such as Tamil Nadu, Madhya Pradesh and Rajasthan.
3. On 19 May, 1976, the government of India appointed a two member committee, known as
JURIDICARE COMMITTEE, of justice P N Bhagwati as chairman and Justice V.R.Krishna Iyer as
member.
4. In 1980, a Committee at the national level was constituted to oversee and supervise legal aid
programmes throughout the country under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati,
then a Judge of the Supreme Court of India. This Committee came to be known as CILAS
(Committee for Implementing Legal Aid Schemes).
5. In 1987 Legal Services Authorities Act was enacted to give a statutory base to legal aid
programmes throughout the country on a uniform pattern.


Role of Lawyers
A lawyer is not only a seller of services but he is a professional who renders services for maintaining the
rule of law. He is supposed to be an officer of the court. He has to have commitment to certain values
such as democracy, individual liberty, social and economic equality including gender equality and
concern for the disadvantaged sections of society which will include the poor, women, the physically
handicapped, children, the minorities and the dalits. Legal education has to create such a commitment.
Lawyers need to play a vital role in dispensing justice. They cannot be mere spectators of the
judicial process; they must be an integral part the process of providing justice.
Integration of Social Values through Curriculum
Professional Practice and Skills Development
Externship
Legal Service & The Legal Advice
Professional Ethics: Making Lawyers Work for the People
CONCLUSION
It is necessary to emphasize that the purpose and scope of legal education must be to prepare students
for the practice of the profession of law.
Now every nation is giving importance on the clinical legal education in order to groom their future
lawyers, the law makers, the executors, law officers, judges and law teachers to acquire knowledge
through a scientific method keeping pace with the ethics and philosophy of the society. The objective of
the clinical education is radical, reformative and dynamic.
Therefore, the law and legal education which together constitute the backbone of society should
change according to the changing needs and interests of the ever changing society. Hence clinic must be
included as a part of curriculum.
With this, I would like to sum up my presentation, and I hope it has been of assistance in understanding
the concept of Legal Clinics.
Thank You!
In State of Maharashtra v Manubhai Pragaji Vashi
5
, the Supreme Court held that Article 21 read
with Article 39-A mandated or cast a duty on tile State to extend the grant-in-aid scheme to all
Government recognized private Law Colleges according to the criteria applicable to the regular
degree colleges. The purpose of giving grants to law colleges is to enable those colleges to

5
AIR 1989 Bom 296,
function effectively and in a meaningful manner and turn out sufficient number of well trained or
properly trained law graduates.
In V. Sudeer v. Bar Council of India,
6
the court categorically held that any additional eligibility
criteria for the practice of law over and above what was mentioned in Section 24 of the
Advocates Act was unconstitutional. Particularly if such additional criteria amounted to
either a bar exam or a training of some sort, since the power to mandate such
exams/training was expressly taken away via an amendment in 1974 to the Advocates Act.

6
AIR 1999 SC 1167

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