LEGAL EDUCATION AND SOCIAL MOBILITY: CAN LAW SCHOOLS DRIVE CHANGE

INTRODUCTION

Legal education has historically served as a gateway to positions of power, prestige, and influence. In India, it is increasingly being scrutinized not just as a professional pathway but also as a potential tool for enhancing social mobility. The central question this essay explores is whether law schools in India can genuinely serve as engines of social change or whether they perpetuate the very hierarchies they claim to challenge. Through a comprehensive analysis of the evolution of legal education, structural inequalities, institutional responses, and comparative frameworks, this essay contends that law schools have the potential to drive social mobility-but only if they undergo significant transformation in purpose and practice.

EVOLUTION OF LEGAL EDUCATION IN INDIA

Legal education in India has its roots in the colonial era, with institutions like Government Law College, Mumbai (established in 1855) being modeled on British legal education systems. Post-independence, legal education remained largely stagnant until the 1980s when the Bar Council of India (BCI) and the University Grants Commission (UGC) recognized the need for reforms. The establishment of the National Law School of India University (NLSIU), Bangalore in 1987 marked a pivotal shift, introducing the five-year integrated law degree aimed at producing socially conscious legal professionals.

Despite these advances, critics argue that legal education has largely remained inaccessible to underprivileged communities, functioning more as a gatekeeper than a facilitator of upward mobility. The high cost of education, urban-centric institutions, and an English-dominated curriculum have collectively restricted access for many students from marginalized backgrounds.

THE PROMISE AND POTENTIAL OF LEGAL EDUCATION FOR SOCIAL MOBILITY

Legal education holds immense transformative potential. It equips individuals with knowledge of rights, access to justice, and avenues for advocacy. For historically marginalized communities, a legal degree can open doors to economic security, social status, and political participation.2 The careers that follow—from litigation and corporate law to academia and public service—can significantly uplift entire families and communities.

Prominent examples abound: Dr. B.R. Ambedkar, a towering figure in Indian legal and social history, utilized legal education as a tool for emancipation.3 Today, initiatives like the Increasing Diversity by Increasing Access (IDIA) project seek to replicate this model by training underprivileged students to enter premier law schools.4 However, these remain exceptions rather than the norm.

Barriers to Access 4.1 Economic Barriers Tuition fees in National Law Universities (NLUs) range between INR 2-3 lakhs annually, excluding living expenses.5 For students from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), these costs are often prohibitive. While scholarships exist, their availability and implementation remain inconsistent across institutions.

Language and Cultural Capital English is the primary medium of instruction in most top law schools. Students from vernacular backgrounds face significant challenges, not due to lack of merit, but due to the absence of linguistic and cultural capital.6 Participation in activities that are critical for career advancement—moot courts, internships, journals—is often skewed in favor of students fluent in English.

Meritocracy vs. Structural Inequality The Common Law Admission Test (CLAT) is viewed as a meritocratic filter. However, success in CLAT often correlates with access to expensive coaching and high-quality schooling.7 Thus, the idea of merit often becomes a mask for privilege, excluding many capable students who lack the resources to compete on an uneven playing field.

Institutional Initiatives: Progress and Limitations 5.1 Reservation Policies Reservation for SC, ST, and OBC students has improved representation in law schools.8 However, representation alone does not ensure inclusion or success. Many students report facing subtle forms of discrimination, lack of mentorship, and inadequate academic support.

Student-Led Initiatives IDIA has been instrumental in identifying and supporting underprivileged students through scholarships, training, and mentorship.9 Similarly, initiatives like the Legal Aid Clinics provide experiential learning while serving marginalized communities.10 Yet, these programs often operate in silos and are not institutionalized across the legal education landscape.

Career Services and Outcome Disparities Placement cells in NLUs often prioritize students with polished resumes and fluent English. Corporate law firms, which offer the highest pay packages, disproportionately recruit students from urban, upper-middle-class backgrounds.11 Students from marginalized communities often gravitate toward litigation or public interest law, which, while socially impactful, are less financially rewarding, especially in the early years.12

Comparative Perspectives: Global Insights 6.1 United States Top U.S. law schools employ holistic admissions, considering socio-economic background, race, and personal hardships.13 Affirmative action policies have diversified the student body, although these measures are currently under judicial scrutiny.14 Programs like the First-Generation Professionals initiative at Harvard Law School provide targeted support to underrepresented students.15

South Africa Post-apartheid South Africa has made deliberate efforts to decolonize its legal curriculum and increase access for black students.16 Law faculties often include social justice components in their curriculum, linking legal education directly to social transformation.

Can Law Schools Drive Change? Redefining Merit Law schools must adopt a contextual definition of merit that considers a student’s socio-economic background and educational journey. Contextual admissions and interviews can help identify high-potential students who might otherwise be overlooked.

Support Systems Bridge courses, writing centers, mental health counseling, and peer mentorship should become standard institutional features. These mechanisms can help level the playing field and ensure that all students can thrive.17

Inclusive Curriculum Curricula must be diversified to include regional laws, tribal jurisprudence, and critical legal studies. Faculty should be sensitized to issues of caste, gender, and class to create an inclusive academic environment.

Community Engagement and Outreach Law schools must extend their reach beyond urban centers. Outreach programs in rural schools, preparatory classes for CLAT, and community legal education can demystify legal education and make it more aspirational.18

Accountability and Transparency Institutions must collect and publish disaggregated data on admissions, scholarships, placements, and student grievances. Transparency is the first step toward accountability.

Conclusion Legal education in India sits at a critical juncture. It can either serve as a powerful vehicle for social transformation or remain an elite institution catering to a privileged few. The answer to whether law schools can drive social mobility lies not in abstract ideals but in deliberate action. They must dismantle systemic barriers, redefine success, and reorient their mission toward justice and inclusion.

As India continues to grapple with deep-rooted inequalities, law schools must remember their foundational purpose: not just to create lawyers, but to create leaders who can challenge the status quo. Only then can legal education become a true catalyst for social mobility.

Bibliography

1. Galanter, M. (1972). The Aborted Restoration of “Indigenous” Law in India. Comparative Studies in Society and History, 14(1), 53–70. http://www.jstor.org/stable/178060
2. Shashi Tharoor, Ambedkar: A Life (Aleph Book Company 2022)
3. Increasing Diversity by Increasing Access (IDIA), ‘About Us’ https://www.idialaw.org accessed 28 July 2025
4. Bar Council of India, ‘Report on Legal Education’ (BCI 2020)
5. Bourdieu, P. (1986). The Forms of Capital. In J. Richardson (Ed.), Handbook of Theory and Research for the Sociology of Education (pp. 241-258). New York: Greenwood.
6. Ajay Gudavarthy, India After Modi: Populism and the Right (Bloomsbury 2018)
7. Government of India, ‘National Commission for Backward Classes Report’ (NCBC 2021)
8. IDIA, ‘Impact Reports’ https://www.idialaw.org/reports accessed 28 July 2025
9. Bar Council of India, ‘Legal Aid Clinics in Law Schools’ (BCI 2018)
10. Namita Wahi and Anumeha Yadav, ‘Law, Inequality and Elite Law Schools in India’ (2019) 9(2) J Ind Law and Soc
11. Nandini Sundar, ‘The Rule of Law and the Rule of Property: Law-Struggles and the Neo-Liberal State in India’ (2011) 45(19) EPW 39
12. American Bar Association, ‘Diversity and Inclusion in Legal Education’ (ABA 2020)
13. Students for Fair Admissions v President and Fellows of Harvard College 600 US _ (2023)
14. Harvard Law School, ‘First-Generation Professionals Program’ https://hls.harvard.edu accessed 28 July 2025
15. Pius Langa, ‘Transformative Constitutionalism’ (2006) 17 Stell LR 351
16. National Law University Delhi, ‘Student Support Services’ (NLU Delhi 2023)
17. Vidhi Centre for Legal Policy, ‘Bridging the Gap: Access to Legal Education in India’ (Vidhi 2022)