Legal profession is a fast growing profession. In these days of globalization and liberalization, it is likely to get further momentum as more lawyers would be required to handle cases arising out of international trade and as a result of growing importance of WTO.At present there are more than 5,00,000 advocates in India and the number is swelling with 15,000 new enrolments every year. Lawyers are held in high esteem in a civil society as they render valuable service to all segments of the society by getting their constitutional and legal rights enforced through courts-civil or criminal, at all levels of judiciary, that is, Trial Court, High Court, Supreme Court or Quasi- Judicial Institutions. Persons holding law degree or other higher legal qualifications have ample employment opportunities in private as well as public sector .It is their choice whether they opt for service or prefer to practice as a lawyer.
Legal Practitioner / Advocate / Legal Advisor
Lawyers can work as legal counsel and legal advisors for corporate sector, firms, organizations, legal persons, individuals and families. They can work as trustees of various trusts, as teachers, law reporters, company secretaries and so on. Additional law qualification along with other degrees offers scope for a wide range of employment opportunities. One who desires to become an advocate and practice law as a profession in India must have obtained basic law degree. He/ she should get himself/herself enrolled with State Central Bar Council as per provisions contained in the Advocates Act, 1961. Besides, he/she is also required to qualify in the entry test recently introduced by Bar Council of India failing which no one shall be enrolled as an advocate. An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practice.
Persons possessing requisite qualifications are recruited for Indian legal service against various posts– Legal advisors in Department of Legal Affairs and Legislative Counsel in Legislative Department. These officers can reach the level of Secretary to the Government of India with the passage of time according to their suitability.Likewise, Legislative Counsels are also appointed in official languages Wing of the Legislative Department for Hindi and Regional languages-(Assamese, Bengali, Gujarati, Kannada ,Telugu, Malayalam, Marathi, Oriya, Punjabi, Tamil, Telugu and Urdu). At the state level, too, officers with legal qualifications and professional qualifications are also appointed against similar posts. However, designations may vary from state to state. Besides, Law officers/ Legal advisors are appointed in almost all the ministries/departments/ undetakings of the Govt. of India and State Governments. All these posts are generally filled up by recruitment through UPSC and State Public Service Commissions on regular/ deputation basis. Basic qualification for all these posts is a degree in law, besides a degree in Arts/Science/Commerce etc. and professional experience as per the requirements of each post. In addition to that members of Law Commission, Govt. Advocates, public prosecutors, solicitors, Attorney General, Advocate general, Notaries and Oath Commissioners as also legal secretaries in assemblies ,staff in higher/lower judiciary/Quasi-Judicial institutions, Judicial members in CAT, Income tax, Sales tax, Excise and other tribunals are also appointed as per rules as and when the vacancies occur. However, fresh Law Graduates are appointed against non-gazetted posts generally equivalent to the post of Assistant in the Secretariat, such as Legal Assistants, Legal/Judicial Translators etc..
They are also recruited as commissioned officers in the legal branches of the Indian Army, Navy and Air force. They conduct courts of enquiry and court martial of erring service personnel as per law.
In the Judiciary, the lowest judicial cadre posts of Magistrate/Munsif or Sub-Judge are filled up by recruitment through public service commissions or otherwise under the supervision of the High Court. Basic qualification for all these posts is a degree in law(professional) , besides a degree in Arts / Science / Commerce etc. and the age limit for all these posts is generally 35 years which is relaxable for special categories as per rules. A Magistrate presides over criminal court and a Munsif/Sub-judge deals with civil cases. These officers can become District and Sessions Judge by promotion and can also be elevated to the office of a Judge of the High Court and the Supreme Court subject to their seniority and suitability. Earlier District and Sessions Judges were promoted from those in service/ selected from amongst the practicing lawyers but now in most of the states they are being recruited through competitive examination conducted by State commissions / High Courts.
Those with good academic record, particularly holding LL.M, Ph.D degrees or published work of a high standard, can take up jobs in any University or Institute offering law courses to students. There is wide scope for visiting professors as private universities are coming up in large number and they prefer such persons because of their eminence and acumen.
Writing/Editing Law Books/Journals/Reports
If one is familiar with the complexities of law and the procedure and is in a position to understand the intricacies of case law and has a flair for writing he/she is fit to be an author of law books / legal commentaries and a proper person to bring out law reports, produce law journals, take up all other journalistic assignments and compile law lexicons.
Legal Outsourcing refers to the practice of a law firm obtaining legal services from an outside law firm. This practice is, however, known as offshoring when the outsourced entity is based in another country. According to a report, India has huge potential in legal outsourcing, with the number of jobs in the field increasing to 79,000 by 2015, a study has said. The field of legal outsourcing was largely untapped.At present the number of jobs in legal outsourcing in India stood less than 12,000.The most important challenges to legal outsourcing included concerns about data security, conflict of interest rules, and the need for Indian lawyers to pass US bar examinations.
As regards remuneration, it depends upon the field a law graduate chooses.If one gets a job in a Govt.department, or in public sector or in a university or in any other organization where govt. rules are applicable he/she will be entitled to get emoluments as per pay scales prescribed by the Government from time to time. After acceptance of recommendations of 6th Pay Commission, Govt. servants are getting handsome salary, say between Rs. 20,000 and one lakh and above depending on the designation and nature of job. Now multinational companies and law firms have also started campus selections and have been offering annual packages between three and four lakhs as per the standing of the company. However, those who start practice of their own have to struggle in the early stage but their constant efforts may help them in reaching any heights and the sky is the limit. Besides , law reporters, legal journalists, authors, writers and editors associated with reputed publications as also free-lancers have good earning.
One can either pursue a three-year law course (LLB) after graduation in any discipline or a five-year course after twelfth standard examinations, leading to a B.A.;LLB (Hons) degree . Admission to LLB is generally based on percentage of marks scored at graduation level. However, some Universities/ Institutions like National Law Schools conduct entrance tests, too. The B.A. LL.B programme usually covers practical training including court attendance, participation in mock court proceedings, seminars, symposiums, conferences on legal subjects / hands on training at legal aid centres and research projects. In addition to LLB degree, many universities and institutes also offer other diploma courses in several disciplines of law. P.G. Programme in law (LL.M) is of 2 years duration & eligibility is LLB degree. After completing LL.M Course, one can join Ph.D. LL.D degrees are also conferred on eminent scholars.
Fields of Specialisation
Civil/Criminal Law Constitutional Law Administrative Law Human Rights Law Family Law Taxation Corporate Law Business Law International Law Labour Law Real Estate Law Intellectual property /Patent Law
These directives provide the ideals which the Union and the State governments must keep in mind while formulating a policy or passing a law. The DPSPs constitute a comprehensive social and economic objective for a modern democratic state.
While fundamental rights provide the political pillar of Indian democracy, its social and economic pillars are provided by DPSPs.
Non Justiciable in nature –
FRs are Justiciable rights but DPSPs are non-justiciable rights.
Although DPSPs were no less important than fundamental rights yet they entailed financial back-up to implement them.
Since the Indian state had and still has limited economic capacity, making DPSPs justiciable would have put the state in a tight situation. This fact explains why DPSPs were deliberately made non-justiciable.
Despite being non-justiciable importance of DPSPs has been stated in Art. 37 which declares that although the DPSPs are non-justiciable, they should be considered fundamental in the governance of the country.
What are the different categories of DPSPs?
Adequate means of livelihood for all citizens
Fair distribution of wealth and material resources among all classes and to prevent concentration of wealth in a few hands
Equal pay for equal work for men as well as women; and
To secure just and humane conditions of work and maternity relief.
To organize village Panchayats and to endowing them with such powers and authority as may be necessary to enable them to function as units of self-government;
To promote cottage industries on individual or co-operative basis in rural areas;
The safeguard and promote the educational and economic interests or the scheduled castes and scheduled tribes;
To bring about the prohibition and consumption of intoxicating liquor; and
To organize agriculture and animal husbandry on modern and scientific lines and in particular prohibit slaughter of cows.
To secure uniform and liberal code of law for all citizens of India;
To separate the judiciary from the executive;
to raise the standard of nutrition and standard of living of the people;
To protect monuments of historical and national interest;
Equal justice and free legal aid to economically backward classes;
participation of workers in management of organizations engaged in any industry; and
Promotion and improvement of environment and safeguarding of forests and wild life.
Provisions relating to be International Peace and Security:
To promote international peace and security;
To maintain just and honorable relations between nations
To foster respect for international law and treaty obligations;
To encourage settlement of disputes by arbitration.
Article Wise Explanation of DPSPS
Art. 36: This defines the term state in the same way as Art.12
Art.37: This declares the importance of DPSPs. It states that though DPSPs are not justiciable yet they shall be considered fundamental in the governance of the country and it shall be the duty of the state to include these directives in their policies.
Art. 38: This directs the state to create a social order for the promotion of welfare of the people. This social order must provide social, economic and political justice. Under 44th Amendment, clause (2) has been added to Art.38 which directs the state to minimize inequalities in income, to eliminate inequalities in status, facilities and opportunities.
Art. 39: This is a very important article containing a number of directives which go a long way to establish what is known as welfare state in India. It directs the states to secure the following:- – Adequate means of livelihood for citizens both men and women. – Control and ownership of the material resources of the community to be distributed in such a manner that it serves the common good. – The operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. – Equal pay for equal work for both men and women. – Health and strength of workers, men & women and children are not abused and the citizens are not forced by economic necessity to enter Avocations unsuited to their age or strength. – Children are given opportunities and facilities to develop in a healthy manner and their childhood and youth are protected against exploitation and moral and material abandonment (added by 42nd Amendment, 1976). – Thus, Art. 39 is very wide in its scope. It requires the state to ensure adequate means of livelihood, fair distribution of wealth, equal pay for equal work and protection of children and labour. Specially Art. 39 (b & c) lay the foundations of a welfare state.
Art. 39-A: Added to the Constitution by 42nd Amendment, 1976, this article requires the state to provide for equal justice and free legal aid. In pursuance of this article, Parliament has passed the Legal Services Authorities Act, 1987.
Art. 40: This directs the state to organize village panchayats and confer adequate powers to them so that they can function as units of self-government. Accordingly, Parliament has passed 73rd Amendment, 1992 which has introduced panchayats in part IX in the Constitution.
Art. 41: Under this Article the state is directed to provide right to work, to education and to public assistance subject to its economic capacity.
Art. 42: Under this article, the state shall make provision for securing just and humane conditions of work and maternity relief. The state has enacted laws such as the industrial Disputes Act, Minimum Wages Act, Maternity Relief Act, etc., to implement this article.
Art. 43: This article directs the state to make efforts to secure living wages and organize cottage industries in rural areas.
Art. 43-A: Added by 42nd Amendment, 1976, this article calls for legislation by the state to ensure workers participation in the management of industries.
Art. 44: This article contains a very important directive, viz., implementation of a Uniform Civil Code for the citizens throughout India. The state is supposed to take steps to establish a Uniform Civil code for all the citizens irrespective of caste, creed or religion. Unfortunately, despite this provision in the Constitution, there has been no implementation of uniform civil code since the adoption of the Constitution. A uniform civil code implies that persons belonging to different religions and beliefs would be governed by same set of laws in matters of marriage, divorce, adoption, succession to property, etc
Art. 45: Provision for free and compulsory education for children till the age of 14 years. However, this article has been amended by 86th Amendment Act, 2002 which has inserted Art. 21A in the constitution making right to education a fundamental right for all children between 6-14 years of age. Now Art. 45 direct the state to make provisions for early childhood care and education for all children till the age of 6 years.
Art. 46: This article seeks to protect the educational and economic interests of SC/STs and other weaker sections. A number of educational facilities have been extended to SC/STs in pursuance of this article.
Art. 47: The state has been directed by this article to raise the level of nutrition and the standard of living and to improve public health. This also includes prohibition of liquor and intoxicating drugs.
Art. 48: Organisation of agriculture and animal husbandry. The state under this article has to organize agriculture and animal husbandry on modern and scientific lines. This also includes prohibition of killing of cows, calves and other milch and draught cattle.
Art. 48A: Added by 42nd Amendment, 1976, this article enjoins on the state task of protecting and improving environment, forests and wild life. A number of acts relating to protecting the environment, forests and wild life have been enacted.
Art. 49: This article obligates the state to protect monuments and places of national importance.
Art. 50: Separation of judiciary from the executive in the public services of the state. This article provides that there should be a separate judicial service free from executive control in the states. This article has been implemented by amending the CrPC in 1973 under which the judicial magistrates are being appointed separately in the states and they are accountable to the High Courts and not to the state executive.
Art. 51: This article requires the state to promote international peace and security, maintain good relations between nations and respect international laws.
DPSPs at Work
A number of legislations have been enacted by both Central and State governments to implement various directive principles.
Art. 39(b) – Agriculture Land Ceiling Acts were passed. All these are relatable to
Art. 40 – Under 73rd and 74th Amendments, powers have been conferred on Zilla Parishads, Municipalities and Panchayats.
Art. 39 (b) and (c) – In 1971 fourteen banks were nationalized. During the seventies many industries were taken over by the government.
Art. 39 (d) – Legislation guaranteeing equal pay for equal work is relatable to.
Art. 43 – The 26th Amendment of the Constitution made in 1971 abolished the privy purses, which were granted to the Rulers of Indian States. Various Boards and Commissions have been established by the State. Some of them are Khaadi and Village industries Commission, All India Handicraft Board. All India Handloom Board, Silk Board and Coir Board.
Art. 48 – Many States have enacted laws to prohibit slaughter of cows and bullocks.
Arts. 41, 42, 43A – The numerous Acts pertaining to labour, e.g., Minimum Wages Act, Workmen Compensation Act, Maternity Benefit Act, Industrial Employment (Standing Orders) Act, The Factories Act etc.
Art. 48A – The Water Pollution, Air Pollution, Environmental Pollution Acts, The Forest Act, and Wild Life Protection Act passed by the Parliament.
DPSPs in Other Parts of Indian Constitution (Not in Part IV)
The following Directives are also non-justiciable:
Art. 350 A: Enjoins every State and every local authority within the State to provide adequate facilities for instruction in the mother tongue at primary stage to children of linguistic minorities.
Art 351 A: Enjoins the Union to promote the spread of Hindi language so that if may serve as a medium of expression of all the elements of the composite culture of India.
Art 355 A: Claims of Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of Union or of a State. DPSP vs. Fundamental Rights
It should be remembered that the Preamble, the FRs and the DPSPs are all integral parts of the same constitutional edifice.
They are all equally important and have to be read with each other.
The emphasis in the entire scheme of the Constitution under the headings of the Preamble, the Fundamental Rights and the Directive Principles is on building an egalitarian society and on the concept of socio-economic justice.
The Fundamental Rights and the Directive Principles together constituted the soul of the Constitution.