Comparing Experiential Legal Education in Canada and India

Abstract

Legal education has evolved over several centuries across the globe, and its effectiveness is a matter of significant concern not merely for legal practitioners but also for society in general. One approach that has been gaining considerable attention is the concept of experiential legal education, which is at different levels of implementation across the world. Countries such as the United States and Canada have been pioneers in implementing this form of legal education, which is also known as clinical legal education (CLE), whereas India is striving to catch up. This article attempts to inspect and compare the development and implementation of CLE in Canada and India. The findings from the comparison are then utilized to inform the way ahead for CLE in India. While pursuing this objective, the article also examines the concept of experiential education, in general, and in the context of legal education, in particular. Moreover, insights are provided regarding CLE. The status of experiential legal education in Canada is reviewed, and the author’s experience in Canada under the Shastri Research Student Fellowship (SRSF) is detailed to provide the author’s insights regarding the implementation of experiential legal education in Canada. The evolution of experiential legal education in India is also detailed, together with insights regarding the regulations of the Bar Council of India (BCI) as are relevant to CLE. Finally, the article compares the author’s opinion of the present status of CLE in Canada and India and provides recommendations to enhance the future implementation of CLE in India.