When Law School Fails, Who Answers?

By Pawan Kumar 

A graduating law student’s answer to a question on biodiversity protection law was so incomprehensible that a judge in Prayagraj could not make sense of it. Nor could the advocate designated to evaluate the answer sheet when the matter eventually reached the Allahabad High Court.

Ordinarily, that might have remained an unremarkable academic dispute: a student obtains zero marks, seeks re-evaluation, approaches the court and loses.

But the Allahabad High Court did not treat it as merely the grievance of one unsuccessful student. Instead, it asked a far more uncomfortable question: Is India’s existing system of approving, affiliating and inspecting law colleges still capable of producing lawyers of a globally competitive standard?

The High Court directed that a redacted copy of the question paper and answer book be sent to both the Bar Council of India and the Law Commission of India for consideration. A single answer script had thus become a window into a much larger institutional problem.

And almost simultaneously, two developments at the opposite end of the legal profession pointed in the same direction.

Chief Justice of India Surya Kant suggested the establishment of a National Legal Education Commission to regulate legal education in India. At the other end of the professional pipeline, Bar Council of India Chairman and Member of Parliament Manan Kumar Mishra announced at the India International University of Legal Education and Research in Goa that a National Legal Academy would be established to provide compulsory, structured training to young lawyers entering the profession.

One episode was judicial and retrospective. Another was regulatory. The third was professional and forward-looking. Together, they reveal a single institutional anxiety: India may be producing lawyers through a system whose different layers of responsibility have ceased to function with the rigour originally intended.

A SYSTEM BUILT ON LAYERS

Legal education in India is not supposed to be regulated by a single institution acting alone. Universities and state governments are the primary custodians of the educational infrastructure. Universities affiliate institutions and are expected to ensure that the colleges they recognise meet prescribed academic and infrastructural requirements. The Bar Council of India then operates as the professional regulator, prescribing minimum standards and independently checking compliance. Each layer is supposed to provide a meaningful safeguard against the failure of the layer below it. But that system works only when every institution performs its assigned function substantively rather than mechanically.

The concern now emerging is that affiliation and inspection have too often become exercises in paperwork, declarations and photographs rather than genuine verification.

The Bar Council of India itself appears to have recognised the problem. Its recent directions calling for mandatory inspection of law colleges and requiring affiliating universities to submit compliance reports point towards a growing dissatisfaction with self-certification as a substitute for physical and substantive scrutiny.

The scale of the challenge is formidable. India has close to 2,000 law colleges, with approximately 70,000 to 90,000 law graduates entering the profession every year. No regulator can compensate indefinitely for weak institutional oversight across such a vast system.

The question, therefore, is not simply whether the Bar Council of India should inspect more colleges. It is whether the architecture of legal education has placed too much responsibility on the regulator to correct failures that should have been prevented much earlier.

WHY THE ALLAHABAD ORDER MATTERS

The significance of the Allahabad High Court proceedings lies precisely in what the Court did after the immediate dispute was before it.

It could simply have rejected the student’s claim for re-evaluation and closed the matter. Instead, it looked beyond the individual answer sheet and treated it as a possible symptom of a systemic failure.

The direction to place the redacted question paper and answer book before the Bar Council of India and the Law Commission transforms an individual academic dispute into an institutional inquiry.

The High Court has effectively asked the regulator to examine whether its existing procedures for approval, affiliation and recurring inspection remain adequate to produce lawyers capable of competing by international standards.

That is a much bigger question than whether one student deserved another look at his answer.

The judicial concern also finds support in the Andhra Pradesh High Court’s 2026 judgment in All Saints Christian Education Society vs State of Andhra Pradesh, which held that the minimum infrastructural and academic standards prescribed under the Rules of Legal Education are mandatory. Universities, the judgment held, cannot permit institutions to mask infrastructural deficiencies by conducting law programmes in morning and afternoon shifts.

The message is unmistakable: minimum standards are not aspirational guidelines. They are obligations.

THE BCI STANDS AT A CROSSROADS

The larger regulatory debate comes at an interesting moment for the Bar Council of India.

On July 18, 2026, the Bar Council of India released the Draft Advocates (Amendment) Bill, 2026, proposing a significant change in the way legal practice itself is recognised and regulated. Among its important proposals is mandatory registration of law practices with the appropriate state bar councils. For the first time, the Advocates Act, 1961, would expressly recognise law practices as legal entities and provide them with a formal regulatory identity.

Whether a practice operates from a metropolitan office or a small-town chamber, registration would become mandatory.

This is potentially transformative because the profession has traditionally been regulated primarily through individual advocates. The proposed framework moves towards recognising the institutional reality in which much legal work is now performed.

But regulatory expansion at the professional end cannot substitute for educational quality at the beginning of the pipeline. Indeed, it makes the quality question more urgent.

If tens of thousands of students graduate each year from institutions whose standards have not been meaningfully scrutinised, no amount of regulation at the bar can entirely repair the deficiencies inherited from law school.

FROM LAW SCHOOL TO THE COURTROOM

This is where the proposed National Legal Academy becomes significant.

The Academy, announced by Bar Council of India Chairman Manan Kumar Mishra in Goa, is envisaged as a national institution for structured professional training, particularly for young lawyers entering practice.

The proposal follows the Supreme Court’s direction in Ajay Vijh vs Indian Banks Association & Ors, 2026, calling upon the Bar Council of India to establish an academy on the lines of the National Judicial Academy at Bhopal, with the broader objective of institutionalising continuing legal education, strengthening ethical standards and helping lawyers adapt to changes in law, practice and technology.

The proposed compulsory programme is expected to last approximately ten days to two weeks for young lawyers entering the profession from across India.

It is an important idea. But it also contains an implicit admission: regulation at the point of enrolment cannot compensate for years of uneven undergraduate education.

A National Legal Academy can teach a young lawyer how to navigate professional life. It can strengthen ethics, advocacy skills, technological competence and continuing education.

It cannot, however, reconstruct the intellectual foundation that should have been laid during five years of legal education. 

If a graduate reaches the bar without being able to comprehend or articulate the subject studied, the problem began long before enrolment.

THE THREE-STAGE PIPELINE

Seen together, the three developments reveal the same problem at three different stages.

The Allahabad High Court has raised questions about the quality of graduates emerging from the educational system. The proposed National Legal Education Commission points towards a need for stronger and more coherent oversight of that educational system. The National Legal Academy addresses what happens after the graduate becomes a lawyer.

Meanwhile, the Bar Council of India’s renewed inspection drive and proposed amendments to the Advocates Act suggest that the professional regulator itself is trying to strengthen its grip over a rapidly expanding legal ecosystem.

The danger is that each initiative could operate independently.

A better approach would treat legal education and legal practice as one continuous pipeline: admission, education, affiliation, inspection, graduation, enrolment, training and continuing professional development.

Failure at any one stage eventually appears in the courtroom. The real problem is accountability. 

The existing rules of legal education are not necessarily defective simply because some institutions fail to implement them. That distinction is important.

India may not need another elaborate set of standards. It may need institutions that are actually held accountable for enforcing the standards already on the books.

If the Law Commission takes up the Allahabad High Court’s invitation, its most useful contribution may, therefore, be to examine accountability mechanisms rather than merely recommend another layer of regulation.

Universities, state governments and the Bar Council of India must have incentives—and consequences—to ensure that oversight is not reduced to a formality. Otherwise, the system risks repeating a familiar cycle.

A blatant failure produces outrage. A court intervenes. A regulator issues a circular. Committees are formed. Inspections are announced. Attention moves elsewhere.

And eventually, administrative routine returns.

The coincidence of these three developments within roughly the same period suggests that, at least for now, the institutions concerned are taking the problem seriously.

The real test will come later.

Will the answer script that nobody could understand remain an isolated curiosity—or become the moment when India finally decided to examine the entire pipeline that produced it?

Because the future credibility of Indian legal education will depend not merely on how many lawyers the country produces, but on whether the system can reliably produce lawyers who can understand the law they are expected to practise.

—The writer teaches at Amity Law School, Amity University, Noida

The post When Law School Fails, Who Answers? appeared first on India Legal.

Leave a Reply