The current disconnect between legal education and professional qualification is discouraging for many aspiring lawyers and discourages Nepali students, including those returning from abroad, from seeking international legal education or re-entering the legal field in Nepal
Nepal's legal education system is caught in a peculiar bind: Law schools teach in English, but the Nepal Bar Council mandates that the bar exam be conducted exclusively in Nepali. This linguistic disconnect creates a daunting challenge for aspiring lawyers, especially for those who have studied abroad or pursued legal education in English.
What should be a seamless transition from academic training to professional practice instead becomes an uphill battle, with language serving as an unexpected barrier to career success.
Unlike students from fields like engineering, computer science, or business, law students are far less likely to pursue higher education abroad. Engineering and computer science are among the most popular fields for Nepali students seeking further studies overseas, while law students often perceive limited opportunities within Nepal's legal profession.
This general trend suggests that law students are less likely to go abroad for higher education, largely due to the challenges they would face in reconciling their international education with the requirements of the Nepal Bar Council.
However, there's also the issue of awareness; many students may not be fully informed about these barriers until after they've invested time and resources into their education abroad. If they did, it might influence their decision to either reconsider pursuing law overseas or to seek specific guidance about how to navigate the complexities of obtaining a recognised legal qualification in Nepal after studying abroad.
For students returning to Nepal after earning law degrees overseas, the situation is even more difficult. These graduates often struggle with Nepali legal terminology, which is a key barrier to passing the bar exam. Without adequate resources to bridge this gap, they are forced to either invest considerable time mastering Nepali legal jargon or abandon their plans to practise law in Nepal altogether.
This problem is also faced by those who have spent many years living and working abroad and then return to Nepal to contribute to their home country. Many of these individuals, who may have acquired advanced legal qualifications or practical experience in foreign jurisdictions, find themselves stymied by the linguistic barrier when attempting to qualify to practice law in Nepal.
Despite their extensive international exposure, they are often required to start from scratch in mastering Nepali legal terminology. As a result, they may be discouraged from re-entering the legal profession in Nepal or choose to seek professional opportunities elsewhere where their legal expertise is more readily recognized. This brain drain is not only a loss to the legal profession but to Nepal's overall development.
The insistence on Nepali being the only language for the bar exam inadvertently discourages talented individuals, including returning expatriates and foreign-trained lawyers, from contributing to Nepal's legal sector. Many returning graduates, faced with the linguistic hurdle, opt to practise law in countries where English is the dominant language for legal education and practice. This contributes to a talent drain, depriving Nepal of skilled legal professionals who could strengthen its judiciary and legal services.
The issue is not with the use of Nepali in the legal system, which remains essential as the national language. However, the insistence on Nepali for the bar exam fails to reflect the evolving nature of legal education and practice. While Nepali dominates courtroom proceedings and legal filings, English plays a crucial role in academic research, international collaborations, and the drafting of certain legal documents. Requiring the bar exam to be taken solely in Nepali creates unnecessary barriers, overlooking the bilingual nature of modern legal practice.
Moreover, the use of English in Nepal's legal system is essential for the nation's broader development. As Nepal engages more with the global economy, English is increasingly necessary for understanding international legal standards, trade agreements, and fostering foreign investment. English also facilitates clearer communication in cross-border legal matters, helping Nepal to uphold international commitments and attract global business.
The time has come for reform. The Nepal Bar Council should allow candidates to take the bar exam in either Nepali or English, ensuring that graduates are assessed on their legal knowledge, not their language skills. If proficiency in Nepali is considered vital for practice, a separate language test could be introduced, focussing on language competency rather than conflating it with legal expertise.
The current disconnect between legal education and professional qualification is discouraging for many aspiring lawyers and discourages Nepali students, including those returning from abroad, from seeking international legal education or re-entering the legal field in Nepal.
Nepal's legal system must evolve to ensure that linguistic barriers do not hinder the professional growth of its graduates and returning professionals. By addressing this issue, Nepal can build a stronger, more inclusive legal profession, one that supports national development and secures the country's place in a globalized world.
Sharma works as a Managing Law Clerk at Dworsky Law Firm in the United States
