Reforming Nepal's Legal Education System
Legal education in Nepal is gaining popularity in situations where there is decreasing enrollment in other subjects. This is a positive sign as it indicates the potential for improvement in the justice sector with the influx of good human resources in the future. However, the shortage of teachers in colleges outside the valley is currently a major challenge. This article discusses the current situation in legal education, the need for improvement, study reports, and Supreme Court orders.
The Current Landscape of Legal Education
Law is currently being studied across various institutions throughout the country. There are currently 19 campuses offering a five-year BALLB program after Plus Two, including Nepal Law Campus, National Law College, Prithivinarayan Campus, Kathmandu University School of Law, Kathmandu School of Law, Chakrabarti Law College, Bright Vision Law College, Butwal City College, Tulsipur Metro College, Rajasri Janak University (University Campus), Mid-West University (L-School), Far Western University (Central Campus), Kailali Multiple Campus, Tikapur Multiple Campus, Purwanchal University (College of Law), Gandaki University, Pokhara University, Madhesh University, and Kwopa Law College (Bhaktapur).
Six campuses of Tribhuvan University and Open University offer courses for LLB. This means that studying law no longer has to be a daunting task. It is worth noting that the five-year BALLB program is of a higher standard and comes with a higher cost.
Attention to improvement
Reforming higher education
After the Supreme Court questioned the justification of LLB education in Nepal, a writ petition was filed in the Supreme Court demanding the phase-out of the three-year LLB course. This is still pending. Now many colleges across the country also teach (+2) law. The manpower produced here is qualified and thousands of human resources are coming to the market every year.
The government itself needs middle-level manpower in the judiciary and the Ministry of Law to function in administrative function. Instead of selecting the most qualified law students for the posts of non-commissioned officers such as Subba and Khardar, the posts are open for everyone to apply for. This has resulted in the court not getting the qualified manpower it needs.
According to Rule 5 of the Nepal Legal Practitioners Council (Legal Education) Regulations, 2077, the curriculum for Bachelor of Law degree programs offered by educational institutions must cover the following subjects: professional accountability and rules of professional conduct, values, and responsibility; legal research and investigation; practical knowledge and court practice, including legal aid-related concepts and applications; and minimum requirements for determining the course of legal education, such as internships in courts and legal bodies for skill development. This is achievable.
Findings of study report
The report submitted by Professor Dr. Purnaman Shakya, which was prepared by the committee formed to present suggestions for the reform, review, and revision of legal higher education, 2077, stated the importance of producing competent legal professionals through quality legal education.
The BALLB program has a good quality curriculum, education system, and human resources. However, the LLB program needs improvement as there is a trend of students not attending classes, lacking practical legal subjects, and passing the examination by reading guides/capsules. To address these issues, the report suggested establishing a National Law University, increasing the pass marks in LLB, and making 75% attendance compulsory. The 15th National Plan of Nepal had set a goal to develop the legal education and teaching system to meet the needs of the nation and the society.
The report highlights the need to keep the BALLB program under a special program and gradually increase the number of students by developing infrastructure. However, Tribhuvan University did not implement this suggestion. This has benefited other private colleges of Kathmandu Valley.
Nepal Law Campus and Prithivi Narayan Campus have ample space to accommodate more LLB students, but the number of seats allocated for BALLB students remains limited. It's important to expand the number of seats available to BALLB students and reform legal education prioritizing the interests of students.
Verdict of Supreme Court
The Supreme Court has issued an order to all concerned parties to improve legal education following a writ petition (075-WO-1114) filed by Yagyamani Neupane against Tribhuvan University. The apex court has stressed the importance of establishing a formal platform for regular discussions, consultations, revisions, and guidance relating to legal education policies and programs. This includes the publication of textbooks, evaluating the state of teaching law and identifying necessary changes, assessing the ability of law teachers to teach, and recognizing the needs and art of legal education.
The court suggests closing down the LLB program after sufficient manpower from the BALLB program. The court states that students who study (10+2) law have no other option but to study law at the Bachelor level. The court directed the Nepal Legal Practitioners Council to analyze the importance of manpower produced by (+2) law and its focus on judiciary needs.
The court has also called for an examination of the purpose of introducing plus two law and the reasons for continuing it. Furthermore, the court has highlighted that legal language and writing style are different and more technical than ordinary language. Therefore, law teachers/professors should be linked with the study and research of national needs of law and involve students in such activities.
The court has emphasized that despite the emphasis on what is in the law books, more attention should be given to the functional aspects of law (Law in Action). It is necessary to make law students knowledgeable in legal language and sensitive to language. Practical aspects such as legal drafting, court practice, legal aid programs, presentation of research articles, visits to the courts, and consultation with the parties should also be incorporated into the teaching.
The Supreme Court has ordered to maintain uniformity and quality in law. It has instructed to develop a unified entrance examination system in all universities. As the current structure of the Nepal Bar Council is not able to regulate legal education, the Supreme Court has ordered to arrange a division for legal education and a high-level manpower and budget for it.
Thus, in the 116 years since legal education was officially started in Nepal, there have been many changes. The Supreme Court has directed universities, law campuses, and legal professional councils to make necessary reforms. The court has also ordered the Legal Practitioners Council, along with its chairman, the Attorney General, to carry out the reform process. The courts, the Attorney General's Office, and the Legal Practitioners' Council will play a significant role in the creation of the legal education curriculum, drawing insights from countries such as India, America, and Australia.
Conclusion
A powerful Legal Education Commission is needed in Nepal to regulate and ensure accountability for all law colleges. The commission should oversee all law colleges throughout the country. Separate law University is also needed in Nepal. Nepal Bar Association and Nepal Bar Council should take a leadership role and inspect the law campuses.
