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Development and Planning of Law Libraries in India
Published online by Cambridge University Press: 13 February 2019
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Law libraries in a country represent its legal potential. These testify to law and legal development, place of law in people's mind and life and quality of legal education, in a country. Future legal development and people's attitude towards law, to a great extent, is dependent upon the state of and scope for legal education in a given group. It might be suggested that the law libraries pulsatingly reflect the standard, methods and objectives of legal instruction in a country. Prescribed law courses, level of legal teaching, quality of legal research, expectations and aspirations both of the law teacher and the pupil and priority of emphasis among areas of law, all can be easily ascertained by observing the law libraries of any people.
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- Copyright © International Association of Law Libraries 1975
References
1 See, S. K. Agrawala (Gen ed.), Legal Education in India–Problems and Perspectives, (1973, N. M. Tripathi Private Ltd., Bombay), pp. 246–247, in the paper captioned, “Some Thoughts on Post-Graduate Legal Education and Research”, by this writer.Google Scholar
This publication consists of the papers, proceedings and recommendations of the Poona Seminar, 1972 sponsored by the University Grants Commission.Google Scholar
2 See, Report of the Law Commission of India–Fouteenth Report (1958), pp. 520–550. Several earlier reports have been referred to by the Law Commission in its report.Google Scholar
3 The University Grants Commission Act, 1956 (Act III of 1956). (An Act to make provision for the coordination and determination of standards in universities and for that purpose to establish a University Grants Commission.) “Education including universities” is a state subject under the Constitution of India (State List–List II, item 11), whereas “coordination and determination of standards in institutions of higher education or research and scientific and technical institutions” is a Central subject (Union List–List I, item 66).Google Scholar
4 The University Grants Commission does finance under-graduate legal education (i. e. LL. B. studies). The state governments too, generally, do not finance law colleges running LL. B. courses. They have thus to depend merely on tuition fees which are as low as Rs. 150/- to Rs. 250/- ($ 20 to $ 32 approximately) per academic year. Such institutions which handle the bulk of LL. B. education are manned by part-time teachers for part-time students.Google Scholar
5 The emphasis on international legal studies has to be mainly accounted for by the fact of quite a few of our teachers being trained in the American law schools.Google Scholar
6 See, Directory of Law Colleges in India (1971, N.M. Tripathi Pvt. Ltd., Bombay) compiled by the Indian Law Institute, New Delhi. (Hereinafter referred to as The Directory.) Google Scholar
The figures mentioned in this paper have generally been taken from this publication and relate to the year 1970. Other sources when used have been specifically cited.Google Scholar
7 Agra College, Agra and a couple of more such colleges are an exception, being the oldest institutions in the country.Google Scholar
8 The information regarding Delhi University has been supplied to this writer on request, and relates to 1974. The number of students on the rolls in 1974–75 is 1209.Google Scholar
The library spent Rs. 7,200 in 1973–74 on staff and maintenance; Rs. 22,700 plus $ 20,000 on books, back volumes of case reports and other materials, and another Rs. 20,000 on journals.Google Scholar
They have a Deputy Librarian who is an M. A., LL. B., M. Lib. Sc., in the scale of Rs. 700–50–1200 and an Assistant Librarian who is M. A., M. Lib. Sc. in the scale of Rs. 400 to 900 besides other supporting staff to service the library.Google Scholar
The number of persons using the reading room per day is 600 on the average. About 15,000 users availed of the home-lending facility in 1973–74.Google Scholar
The services that the library makes available are: locating the cases from digests and reports, and the articles from periodicals, and inter-library loans.Google Scholar
This library is independent of the university library in all respects.Google Scholar
9 Banaras also had earlier received a substantial grant from the Ford Foundation and the University Grants Commission for the all round development of the faculty including its library.Google Scholar
See also, Jain, M. P., A Law Library (unpublished paper submitted for the All India Seminar on Legal Education, University of Poona, 1972). Dr. Jain mentions the number of students at Banaras as 650 in his paper. They have a reading hall for seating 100 students, a textbook section, a loan library and a text-book bank.Google Scholar
10 The number of students in the Lucknow Law Faculty is said to run into more than 3000. According to some other estimates it is around 5000 at present. (See Jain, M. P., unpublished paper, op. cit.).Google Scholar
11 The figures relate to 1973–74 which have been supplied on request.Google Scholar
The law section forms part of the general university library. It caters for post-LL. B. students only.Google Scholar
Books lent to readers during 1973–74: 2,967.Google Scholar
Services rendered: location of cases, statutes, meaning of legal terms and definitions; bibliographical assistance, and circulation of a quarterly documentation list of articles in legal periodicals.Google Scholar
(In case of other figures relate to 1970 as taken from Directory of Law Colleges in India.) Google Scholar
The figures regarding students relating to 1971–72 arc taken from Dr. S. P. Sathe's paper “Post-Graduate Teaching and Research in Law”, in Legal Education in India–Problems and Perspectives, note 1 supra, p. 278.Google Scholar
12 The figures relate to 1974.Google Scholar
The library caters to the needs of post-LL. B. students, and teachers only. Services rendered: micro-film & card reader, xeroxing, Documentation list of social sciences, bibliographical and retrospective research on request, circulation of monthly list of additions, exchange of documentation list in social sciences all over India.Google Scholar
13 Figures with relation to Delhi only are as of 1974.Google Scholar
14 Figures relate to 1974.Google Scholar
15 In 1962 there were 90 institutions under 31 universities imparting instruction in law leading to a law degree. In 1970 they were 165 under 54 universities. (See, Introduction in Directory of Law Colleges in India, p. ix.)Google Scholar
The Bar Council of India has on its list “List of Law Colleges in India” 230 institutions in 57 universities as of September 1974. (But the list is not exhaustive.)Google Scholar
No comprehensive survey is available.Google Scholar
16 Education is a state subject, so all universities are state-controlled and state financed.Google Scholar
However, developmental planning is all centralised. So development grants under Five Year Plans from the University Grants Commission, a central agency. Ad hoc grants are also given by the U. G. C. out of the plan funds.Google Scholar
17 Aligarh Muslim University: Rs. 10,200; Andhra University, Waltair: Rs. 9,500; Banaras Hindu University: Rs. 15,000; Bombay University (in 1973–74): Rs. 17,500; Delhi University (in 1973–74): Rs. 192,700; Government Law-College, Banglore: Rs. 20,000; R. Law College, Banglore: Rs. 25,000; Government Law College, Bombay: Rs. 10,000; Dibrugarh University: Rs. 15,000; Jammu University: Rs. 65,000; Karnatak University: Rs. 23,000; Law College, Ernakulum (Cochin University): Rs. 10,000; K. L. A. Law College, Peroorkada (Kerala): Rs. 10,000; Kurukshetra University: Rs. 25,000; Madras University: Rs. 56,000; RLS Law College, Davangere (Mysore University): Rs. 10,000; National College of Law, Shimoga (Mysore University): Rs. 10,000; Punjab University, Chandigarh: Rs. 12,000; Poona University (in 1973–74): Rs. 17,000; University School of Law, Jaipur: Rs. 10,000; Chota Nagpur Law College, Ranchi (Ranchi University) Rs. 10,000; Udaipur University: Rs. 22,500; Madhusudan Law College, Cuttack (Utkal University): Rs. 10,000.Google Scholar
18 Since LL. B. education is generally not supported by the State Governments and the University Grants Commission, the institutions have to depend solely on tuition fees. There is, therefore, a tendency to admit more and more students without any reference to the facilities available in terms of teaching staff, library etc. Further since university education is virtually open to all (particularly in law faculties), and there has also been emphasis on expansion of education at all levels in the post-independence period, the number of educated unemployed has been consistently increasing, and there is considerable pressure from this large section for admission to LL. B. courses as a marking time before possible future employment. They have, thus no genuine interest in legal studies and hardly make any use of library facilities.Google Scholar
Declining standards of English also inhibit the students from making use of the libraries. Legal literature in Indian languages is virtually non-existent.Google Scholar
19 The consideration of grant per student could be a little misleading since most of the LL. B. students do not make any use of the library.Google Scholar
In case of institutions imparting post-LL. B. instruction only, this calculation is, however, highly relevant since they all make intensive use of the library.Google Scholar
20 In case of a very few institution only it works to Rs. 46: K. C. Law College, Bombay; Rs. 50: R. College of Law, Banglore; Rs. 66: Government Law College, Banglore.Google Scholar
These figures relate to 1970. In 1974, after the continuous increase in the number of students, this ratio may no more be true.Google Scholar
21 Rs. 2: Lucknow; Rs. 10: Punjab University, Chandigarh; Rs. 15: Jodhpur; Rs. 20: Jabalpur; Rs. 36: Aligarh; Rs. 50: Banaras; Rs. 60: Andhra; Rs. 62: Kurukshetra including ad hoc grant; Rs. 75: Dibrugarh; Rs. 115: Karnatak; Rs. 166: Delhi; Rs. 200: Jammu.Google Scholar
The law department of Jammu University was established in 1969. Hence a bigger initial grant has been given by the U. G. C. The number of students was also not as large in 1970.Google Scholar
22 Setting up of exclusive post-LL. B. law departments in the universities is a recent growth (after the establishment of U. G. C).Google Scholar
23 However, the ad hoc grants would have been given by the U. G. C. only twice or thrice since its inception in 1956.Google Scholar
24 See, T. S. Rama Rao, Post-Graduate Teaching and Research: Some Random Reflections, in Legal Education in India: Problems and Perspectives, note 1 supra, p. 284.Google Scholar
25 The affiliated law colleges generally have a separate and independent set-up, but then their library acquisitions are ridiculously low.Google Scholar
26 Libraries having a collection of 4,000 to 10,000 volumes and an annual grant of about Rs. 7,500/- from the university besides U. G. C. plan and ad hoc grants. [This term has been coined just to distinguish such libraries from the few better-equipped libraries in the country.]Google Scholar
27 The U. N. depository libraries in India as a rule receive the material too late; their serialized material is not complete; and there is little or no conversance with the servicing of these materials by the library staff. As such generally whatsoever is available, can also not be fully utilised. The utility of this material also gets limited since it cannot be lent either to individuals or libraries.Google Scholar
28 See, Agrawala S. K. (Gen. ed.), Legal Education in India–Problems and Perspectives (1973, N. M. Tripathi, Bombay), p. 443, Appendix which reproduces the report of the Committee. The Poona Seminar of 1972 was a sequel to this Committee's report.Google Scholar
29 Information supplied to this writer on request; it relates to 1974.Google Scholar
30 The School is now a part of the Jawaharlal Nehru University. The library is now going to be divided between the J. N. University and the Council of World Affairs. The council had a common library with the school since both were housed in the same building. Such a division would materially affect the character of the library, and probably its utility.Google Scholar
31 American, Canadian, British or Australian norms have not therefore been cited in the paper at all.Google Scholar
32 The U. G. C. Committee has recommended that at least one-third of the total number of law students should be provided with reading hall facilities at a time (note 1 supra, p. 447). In the present view, under existing conditions, perhaps as many LL. B. students would never use the library facilities at a time.Google Scholar
33 Particularly in Hindi-speaking states majority of the universities have already switched over to Hindi as the medium of instruction and also of examination. Difficulties are being experienced with the continuance of English in other states too.Google Scholar
The Bar Council of India which is supposed “to promote legal education and to lay down standards of such education …” [Section 7 (h) of The Advocates Act, 1961], and as also the body which admits candidates to the roll of advocates has laid down a rule that candidates not instructed or passing the LL. B. examination through the English medium will have to pass a written test of “Proficiency in English”. But, in the present view, this requirement by itself cannot reserve the trend, and could turn into a mere eye-wash in most cases.Google Scholar
34 The Poona Seminar was sponsored by the University Grants Commission in 1972 for the consideration of the report of its Committee referred to earlier, by all the university heads of law departments and senior college principals. The Bar Council of India also participated. A dozen teachers overseas participated through the support of the Ford Foundation.Google Scholar
The Seminar papers and reports have been published under the title “Legal Education in India–Problems and Perspectives”, under the general editorship of this writer, by N. M. Tripathi Provate Ltd., Bombay (1973). See, p. 417 of the book.Google Scholar
35 The seminar has not suggested any source of funding. Its recommendations are addressed to the U. G. C.Google Scholar
36 U. S. dollar is approximately equal to Rs. 7 = 50. The average cost of one volume has been estimated at Rs. 30 to Rs. 40. The estimates per volume are higher in case of university law department libraries.Google Scholar
37 note 1 supra, p. 417, para 3.Google Scholar
It may be commented that these norms are very modest. Dr. M. P. Jain in his unpublished paper (note 9 supra) has observed that Banaras University Law Library with a collection of 15,500 volumes cannot serve as an adequate nucleus for purposes of research. Perhaps, for teaching LL. B. classes it may be said to be adequate.Google Scholar
38 Ibid, p. 418, para 6.Google Scholar
39 Ibid, para 7.Google Scholar
40 Ibid, para 9. To get over the dearth of law librarians, it was recommended that the Indian Law Institute provide a course, lasting for eight to ten weeks, for training those who have already got a Diploma in Library Science as to how to handle law collections and service a law library. (para 12.)Google Scholar
41 See, Richardson, J. E.: Some Observations About University Law Libraries, in Legal Education in India–Problems and Perspectives, note 1 supra, pp. 355–356, for recommended categories of selected American legal literature for Australian University law libraries. A still more selected and representative collection out of this list could be aimed at by the university law school medium libraries in India.Google Scholar
42 These college libraries could develop on the same lines as the university libraries.Google Scholar
Their funds could only come from tuition, state governments and/or the universities to which they are affiliated. The U. G. C. will have to make a departure from its present practice if it decides to help them. In the present submission, the U. G. C. must help at least the college libraries falling in this category, if their collections are not to become out of date.Google Scholar
43 note 1 supra, pp. 417, 418.Google Scholar
44 Delhi/Chandigarh; Gauhati/Calcutta/Banaras; Bhopal/Indore/Jaipur; Bombay/Poona; Cochin/Madras/Waltair, could be such centres.Google Scholar
45 The use of legal literature in non-English languages will also encompass either proficiency in the language in question on the part of users, or the facility of translations.Google Scholar
These collections have, therefore, been recommended for regional and central libraries only.Google Scholar
46 note 1 supra, p. 418, para 4.Google Scholar
47 note 1 supra, p. 418, para 5.Google Scholar
48 Ibid, pp. 375–376, for some suggestions on staffing a central library in the paper of H. C. Jain, Organising Law Libraries in India.Google Scholar
49 See, Richardson, J. E., note 41 supra, p. 353, for the suggested functions of a proposed central law library secretariat for Australia. Similar functions will have to be performed by this proposed central library.Google Scholar
50 Ibid, p. 374, See, H. C. Jain's paper under the sub-heading “Government Publications”.Google Scholar
51 See, Jain, M. P., unpublished paper, note 9 supra, for some suggestions on library services.Google Scholar
52 Such cataloguing could also be attempted by this library for other libraries too.Google Scholar
53 This writer made an attempt to collect this information from (representatively) selected law schools for preparing this paper. But the response was too poor for any general inferences to be drawn.Google Scholar
It is worth consideration if it would not be more practicable to take up the work of translations into major regional languages as part of library development planning.Google Scholar