Evaluating the Entry Barriers to the Litigation Profession in India

Abstract

In the summer of 2009 a survey of law students, advocates and judges was carried out by the Research Foundation for Governance in India. The survey brought to light a disturbing statistic that only 12% of lawyers and judges believe that “bright youngsters” are joining the litigation profession. In other words, the most interested, ambitious and talented graduates are avoiding a profession which is the foundation of the justice system, a profession which is in desperate need of the best graduates the country has to offer. Following this, further surveys were carried out focusing on the bridge between legal education and “Junior” level litigation. This article comprises an analysis of the results of these surveys, and considers the reasons why capable graduates are passing up a career as an advocate. It aims to show that, despite the fact that entrance to litigation is formally undemanding, there are certain informal “barriers” preventing and dissuading most of India’s top graduates from becoming advocates in the courts. The article identifies what these “barriers” are, and presents evidence to show that they are discouraging the most qualified graduates, that is to say those who have graduated from India’s National Law Schools, from entering the profession. The article then presents a comparison with the entrance to litigation in the UK and the USA, and finishes by presenting a number of recommendations as to how the system can be improved in India.