The problems of plenty and scarcity: An analysis of the BCI list of law colleges in India

After a mammoth and laudable data collection on the law colleges by the BCI (to comply with the Legal Education Rules of 2008), recently BCI has published a comprehensive list of law colleges in India (however there are some glaring omission like NLUD etc., there is also a tendency to add newly approved applicants who do not have any infrastructure at present). As per this new list dated 10.04.2010 the total number of law colleges in India is 900. As per the list the distribution in number of law colleges per state in India is as below:

Unfortunately BCI website no longer has the earlier list (at least not in the same domain location) which in July 2009 formed the basis of a post on the explosion of law colleges in India. According to the earlier list there were 1136 law colleges in India in 2008, thus it is surprising that in a period of couple of years the number went down by 236 colleges. The number of law colleges per state also shows that states in North-East except for Assam have very few law colleges. In Karnataka for example there is one law college for every 5 lakhs 93 thousand people, in NE including Sikkim (except for Assam) there is one law college for every 11 lakhs 10 thousand people (source of population data is wiki article on List of states and union territories of India by population). A quick comparison of population, HDI and number of law school per state would further bolster this argument. 

Thus the need of the hour is for BCI to encourage setting up of law school in the NE of India (another interesting nugget of information, this is also the region of India which is farthest from any kind of National Law University).

Apart from this regional imbalance another approximation garnered from the data is the chronic overproduction of lawyers in India. As of March 2007 the total number of lawyers enrolled with BCI through various state Bar Councils were around 9,55,000. The total number of law colleges according to the latest tally is 900, thus if every law college on an average enrols 100 students every year (please note that 100 is on the lower scale of the spectrum, all National law universities except for NLS Bangalore takes in more than 100 students, most Government law colleges, even the most famous one, like CLC Delhi, GLC Mumbai etc. take in around 300-500 students p.a.), the total number of law graduates produced every year in India is 90,000. Thus every year 9.42% of the total number of lawyers is added to the Bar. Obviously there is a mortality rate which on an average for the last 10 years stood at 7% in India. Thus the effective rate of growth in number of lawyers is 2.42%. Strangely the rate of population growth in India is 1.3%. Therefore the rate of growth in number of lawyers in almost double the rate of population growth in India, which is bound to create a decreasing rate of opportunity for lawyers in future. 

The obvious solution to this twin problem of geographical imbalance and overproduction of lawyers is to first curtail the number of existing law colleges (this can be done through periodic checks on the infrastructure and faculty quality of the law colleges against the agreed minimum standard), raise the entry barrier for aspiring/new law colleges (which should be more than the minimum standard for existing law colleges, BCI may argue that the scope of improvement for existing colleges is a slow process, but for new entrants the standard is that of ideal standard), give sops for private colleges which wants to open law colleges in NE (given Indian Govt. recent NE Development Policy, it wouldn’t be financially difficult to set up a NLU in NE) and finally to derecognise colleges which have a 3 year/part time/night shift law programme.

Before we part another chart to show the privatisation/commercialisation of legal education in India.

 

Telling a true story few Indians know

One of the major advantages of pursuing LLM in a foreign university is that you come to meet with students with varied cultures and traditions from around the world, unlike Indian NLUs with generally monochromatic student population (hailing from educated middle class or upper middle class, English speaking, fancy schooled, city dwelling families). While pursuing LLM at a somewhat reputed UK university I met a Bangladeshi student from the Chittagong Hill Tracts (CHT), my knowledge about Chittagong was quite limited, though I knew that it was a port of some significance, there was blockade in 1971 Indo-Pak war and that it had a medium capacity good cricket stadium (atleast that is what I gathered from the televised matches). I also vaguely remembered that some time ago there was a talk among the diplomatic community in India that Bangladesh Government might let Chittagong be used as an alternate gateway/port for NE India. But what this Bangladeshi-Chakma student told me greatly altered my understanding of ethnohistoriography of Eastern India during the perilous times of Independence and the irrelevance of partition by a colonial master.

We all know something or other about the partition and its fallout every Indian would have heard of the Kashmir story (irrespective of what view he/she may hold on the issue), most know about the partition of Bengal and Punjab (and the enormous emotional-economic hardship borne by the displaced people), many would know about integration of Hyderabad, Junagad and Goa by force to Union of India, some may know that North-West Frontier Province of British India (presently the Khyber Pakhtunkhwa province and FATA in Pakistan) which decided to join Pakistan in a referendum would have joined India if Khan Abdul Gaffar Khan (also known as the Frontier Gandhi) and his volunteer/political faction/followers (the Red Shirts) had not abstained from voting (during consultations on the future map of India and Pakistan, Patel/Gandhi is thought to have conceded that NWFP should be part of Pakistan, hearing this Khan is said to have famously lamented that ‘You have thrown us to the wolves’), few Indians may know that in Sylhet (today a province of Bangladesh) only a majority of 43.8 per cent voted in favour of being part of Pakistan.

But almost none of the Indians today know that in the last days of British Raj, the Boundary Commission which divided British India (which worked on the principle that a region should be awarded on the basis of its religious demographics, simply put Muslim majority area would goto Pakistan and no-Muslim majority area would be awarded to India) by a mere pen stroke had given to Pakistan a land area of over fifteen thousand square kilometres (to put in perspective about half the size of Kerala or larger than any NE Indian state except for Assam) which were populated by 97% tribal non-Muslims in 1947. This area is today known as the Chittagong Hill Tracts (CHT) and the demographics have completely altered with the native tribal non-Muslim population trimmed to 52% in 1991.     

The curious case of ‘missing’ 70,000 law students

As per the latest data available at the Bar Council of India website on the number of law colleges in India, there are at present around 900 educational institution offering LLB course. BCI notes in that this data is correct as of March 2010. Thus if every institution has around 100 students then the total number of graduating law students by August-September 2010 should have been around 90,000. Its a quantum leap to average out the number of law students around 900 institutions at 100 each, however if we consider that all NLUs have more than 100 students (except for NLS Bangalore) and that most Government law colleges have intake of 200-300 students and that most private colleges would not break without 100-150 students per batch. Thus arguably 100 students on an average per batch per institution seems to be at the lower end of the scale. So let us agree that at least 90,000 students passed LLB in 2010 in India.

However as per the data made available by BCI in the latest press release on AIBE, it has noted that around 22,000 students have applied/appeared for the first AIBE. If we do simple arithmetic it seems that close to 70,000 LLB passouts of 2010 have not sat for the AIBE, it seems pretty weird that  no one bothers to investigate why around 77.78% of 2010 law graduates did not opt for the exam or what happened to them.