Rajiv Gandhi Advocates Training Scheme was inaugurated in the National Law University Delhi today. Minister of Law & Justice Dr. M. Veerappa Moily, Chief Minister of Delhi Smt. Sheila Dikshit and the Chief Justice of Delhi High Court and Chancellor of National Law University Delhi Mr. Justice Dipak Misra were present on the occasion.
Presiding over the function, the Minister of Law & Justice said “Globalization of law includes global connections, global interdependence, global information, global finance, global governance and global rights. Legal profession in the 21st Century must focus on the rapid changes in legal education and the legal profession that are taking place throughout the world, the phenomenon that is often referred to as the globalization of legal profession.”The primary purpose behind the development of the lawyers’ training program is to standardize the training of future generations of lawyers in the globalization era. Achieving this goal is critical to ensure that lawyers’ attain a minimum level of legal knowledge and advocacy skills before they take on the responsibilities associated with representing clients before the courts. Additionally, the training plan has been designed to increase public confidence in the legal system by setting clear ethical standards for the practice of law and training future lawyers about their ethical obligations to society and the role they play in promoting the integrity of the legal system as a whole. Training programme helps in enhancing following skills of the advocate trainees.
· Builds better communications skills.
· Develops hidden talent.
· Ensures consistent quality.
· Provides greater focus.
· Produces more effective/productive efforts.
· Clarifies the concept of marketing as a business process.
With respect to the roles of the justice system, the legal profession and the people in this Herculean effort at transformation, the justice system is expected to operate so as to eliminate injustice from society.
The Article 39-A of the Constitution of India mandates that the state shall provide “by suitable legislation or schemes or in any other way” to ensure that opportunities for seeking justice are not denied to any citizen “by reason economic or other disabilities”. It imposes a duty on the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity and in particular State shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Access to Justice is recognised as a fundamental right. An effective justice delivery system requires that (i) justice be made available at the door step of people and (ii) we should have talented, dedicated and qualified legal professionals who serve at the grass root level. So far as providing justice at the doorstep is concerned, we have courts at the District and Taluka levels. Now, we also have ‘Gram Nyayalaya’ at village and intermediate level. There is no dearth of talented and dedicated law graduates at grass root level but there is no motivation and encouragement for them to come forward and stay in legal profession at district, Taluka and village level. Result is, despite their ability most of these young lawyers are not getting proper opportunity and exposure in the profession. At the end, they become brief less lawyer. There has been a far reaching cry to give proper professional training to the Advocates so that they not only become good lawyers but also are competent to compete with high profile law firms.
The Supreme Court in the case of State of Maharashtra Vs. Manubhai Pragaji Vashi, (1995) 5SCC 730 has observed that the need for a continuing and well-organised legal education, is absolutely essential reckoning the new trends in the world order, to need the ever-growing challenges.
The scheme envisages selection of 10 young practicing advocates from each state of India, every year for being imparted professional training.
A preference shall be given to those candidates who belong to SC/ST, OBC, Woman and Physically Handicap.
The National Law University, Delhi will implement the scheme at the national level by providing the Advocates one month training in its campus and the Advocates will be placed with a Senior/leading Advocate at their respective places for one month training.
This training programme will cover:
ADR Mechanism for settlement of Disputes;
Plea bargaining and its importance;
How to use Information Technology and Communication in court proceedings? Advantages of these tools in court proceedings;
Art of cross – examination;
How to present the case and argument before the Court?
Provisions contained in “Hague Convention on the Service abroad of Judicial & Extra Judicial Documents in Civil and Commercial Matters” – Mechanism of service of summons and other judicial documents issued by Indian court to persons residing in foreign territory and vice versa.
Effect and advantages of having Mutual Legal Assistance Treaty in civil and commercial matter; and in criminal matter, Extradition Treaty and Treaty on transfer of convicted persons with foreign countries.
Intellectual Property laws including ‘Competition Law’ – Their use, importance and relevance in modern day business;
Cyber Laws – How to deal with cyber crimes and related issues;
Specific legislations useful in day to day life viz. the Domestic Violence Act, 2005, the Protection of Child Rights Act, 2005, The Dowry Prohibition Act, 1963, Gram Nyayalaya Act, 2009 etc.