Table of Contents

Development of legal profession in India

Table of Contents

Theoretical overview

The legal profession is the profession of practicing law, as an advocate, barrister, attorney, solicitor, civil law notary, judge, lawyer, notary, and public servant. Legal professionals serve as intermediaries between individuals, businesses, and the state, helping to resolve disputes and represent clients in legal matters. Play important role in administration of Justice. The work of legal professionals includes giving legal advice, drafting and interpreting laws and regulations, and representing clients in legal proceedings. One of the oldest and noblest Profession

Development of Legal Profession Development of legal profession in India can be divided into four Phase are as follow

  1. Legal profession in ancient India, 
  2. Legal profession in mediaeval India,
  3. Legal profession in British India, 
  4. Legal profession in India after independence

Legal Profession in Ancient India

  • Earlier Periods : People live in small group Head of the this group or tribe Deliver justice in open sky. Open argument were made There were no specialist like a lawyers During those days.
  • Kingships :

 Kingship was established in society Kings deliver justice Kings court highest court In King court, king was advised by his counsellor Justice According to Dharmastra, morality and trust. Dharm is protected by King, there was no institution of lawyer. King took the advice from the religious head There was no need for a legal officer so there was no appointment of legal officer because Justice delivered on the basis of dharmashastra

Legal Profession in Medieval India 

 During the Muslim period, there was institution of legal profession, Both the parties of litigation appoint their Vakil. Vakil act as agent 

 Mughal first introduce the concept of Vakil ▪ Legal practitioners were in both Hindu and Islamic law. Hindu :- Pandit 

Muslim:- kazi ,Mufti

Legal Profession in British India

The Regulating Act, 1773 The first real step in the direction of organising a legal profession in India was taken in 1774 when the Supreme Court was established in Calcutta in accordance to the Regulating Act of 1773.

Clause 11 of Charter of 1774 empowered the Supreme Court to enrol advocates and attorneys at law . The Court could remove the advocates and attorneys “on reasonable cause’. Advocates and attorneys enrolled were to be allowed to appear and plead or act in the Court on behalf of such suitors. The “advocates” entitled, thus to appear were only the English and Irish barristers and members of the Faculty of Advocates in Scotland The same powers of enrolment were later conferred on the Supreme Courts established at Bombay and Madras. An Indian lawyer had no right to appear before the Courts.

Conrnwallis code of 1793 mark beginning of legal profession in India. For the first time, legal profession relating provision inserted in any charter or regulations till now.

The regulation gave power to Sadar Diwani Adalat to enrol pleaders for all Company’s Courts. The person wanted to join legal profession was required to obtain a licence from Sardar Diwani Adalat . After fulfilling certain qualification, he had to take oath for working honestly

Qualifications/Eligibility 

  1. Good Characters
  2. Knowledge of Persia, English, Bengla 
  3. Hindu and Muslim Law Knowledge

Legal Practitioner was Called the Vakils. Vakil were charge moderate fee from clients as per the schedule of the fee prescribed by the code. They could be dismissed by the Sardar Diwani Adalat for misconduct or charging more than the prescribed fee. Some government pleaders were also appointed. 

The appointment of public prosecutor was also recommended under this code of 1793

Legal Practitioner Act 1853 Authorise the Barristers and Attorneys of the Supreme Court to plead in any of the company’s court (Sadar Adalat). Indian legal practitioner were still not allowed to appear, plead and practice in the Supreme Court.

Legal Practitioners Act 1879

Legal Practitioner’s Act of 1879 was intended to amend ,consolidated and regulated the legal profession in British India. 

Legal Practitioners in Chartered High Court: The High Court which were established under the charter of the crown, ▪ Calcutta High Court, Madras Bombay There where three categories of legal practitioner recognise by these high court

The Advocates were to be Barristers of England or Ireland or Members of Faculty of advocates of Scotland. Except the High Court of Calcutta, other High Courts allowed even nonBarristers to be enrolled as an Advocate. Thus, the law Graduates of Bombay University could be enrolled as Advocate in the High Court of Bombay. The advocates were to appear and plead on the instructions of the Attorney which was the highest cadre in the legal profession. Those persons who had taken a law-degree from an Indian University and fulfilled certain conditions of eligibility were enrolled as Vakils.

Indian Bar Committee 1923

(1921 ) Munshi Iswar Saran:- Lawyer from Allahabad Recommended to create Indian Bar The Government of India in 1923 Appointed Indian Bar Committee under. Under the Chairmanship of Edwar Chamier Primary Focus of the committee was to removal of the distinction between Barristers and vakil.

Recommendations of the committee are below • A Uniform Policy to be Adopted by all the High court of India • And only a single cadres of Legal Practitioners Namely Advocate • Only Advocate should be allowed to practice in the High Court • Vakil or Pleader and Barrister be abolished • Advocate of one High Court should be Practice in another High Court (1921 ) Munshi Iswar Saran:- Lawyer from Allahabad Recommended to create Indian Bar The Government of India in 1923 Appointed Indian Bar Committee under Under the Chairmanship of Edwar Chamier Primary Focus of the committee was to removal of the distinction between Barristers and vakil Indian Bar Committee 1923 The Committee suggested that a Bar Council should have power to make rules in matters such as qualifications and admission of persons to be Advocates of the concerned High Court, legal education, discipline and professional conduct of Advocates

Indian Bar Council ACT 1926

The purpose of the Act was to constitute Bar Councils for certain High Courts and define their powers and duties and to consolidate the law relating to legal practitioners. The Act provided that there shall be a Bar Council for each High Court consisting of fifteen members including four members nominated by the High Court and ten members elected from amongst the advocates enrolled in that High Court. The Advocate-General of the High Court was to be the ex-officio member of the Bar council.

Each High Court was to prepare and maintain a roll of advocates of High Court. Under the Act, the power of enrolment of advocates virtually continued to remain in the High Court and the function of the Bar Council was merely advisory in nature.

The Advocate Act 1961 

The Indian Bar Councils Act has been replaced by the Advocates Act, 1961. The Advocate Act of 1961 was created in order to carry out the recommendations of the All India Bar Committee, which were supported by the Law Commission’s fourteenth report in 1955.

The Advocates Act, 1961 governs the legal profession in India. The act defines the legal profession as comprising of advocates who are entitled to practice law in the courts, tribunals, and other authorities and defines the duties, rights and liabilities of advocates.

 The act provides for the constitution of the Bar Council of India and State Bar Councils, which are responsible for regulating the legal profession and ensuring the maintenance of standards of professional conduct and etiquette among advocates. The act also provides for the recognition of law degrees and institutions The act also sets out the procedure for disciplinary action against advocates for professional misconduct, such as dishonesty, abuse of clients’ trust, or failure to maintain client confidentiality.

Features of Advocate act 1961:

1 Constitution of Bar Councils: The act provides for the constitution of the Bar Council of India and State Bar Councils, which regulate the legal profession and enforce the standards of professional conduct among advocates.

2 Recognition of law degrees and institutions: The act provides for the recognition of law degrees and institutions, and sets out the criteria for granting recognition. 

3 Enrollment of advocates: The act sets out the procedure for the enrollment of advocates, including eligibility criteria and the procedure for making applications.

4 Maintenance of standards of professional conduct: The act requires advocates to maintain high standards of professional conduct and etiquette, and sets out the procedure for disciplinary action against advocates for professional misconduct.

5 Right to practice: The act recognizes the right of advocates to practice in any court, tribunal or other authority, subject to certain conditions.

6 Legal Aid: The act requires advocates to render pro bono legal services to the poor and underprivileged, in accordance with the rules and regulations of the Bar Council.

7 Confidentiality of client communication: The act requires advocates to maintain the confidentiality of client communications, except in certain circumstances where disclosure is required by law. 

Points to remember

  1. The legal profession is the profession of practicing law, as an advocate, barrister, attorney, solicitor, civil law notary, judge, lawyer, notary, and public servant. Legal professionals serve as intermediaries between individuals, businesses, and the state, helping to resolve disputes and represent clients in legal matters. Play important role in administration of Justice. The work of legal professionals includes giving legal advice, drafting and interpreting laws and regulations, and representing clients in legal proceedings. One of the oldest and noblest Profession
  2. The first real step in the direction of organising a legal profession in India was taken in 1774 when the Supreme Court was established in Calcutta in accordance to the Regulating Act of 1773.
  3. Clause 11 of Charter of 1774 empowered the Supreme Court to enrol advocates and attorneys at law
  4. Lawyer from Allahabad Recommended to create Indian Bar The Government of India in 1923 Appointed Indian Bar Committee under. Under the Chairmanship of Edwar Chamier Primary Focus of the committee was to removal of the distinction between Barristers and vakil.
  5. The purpose of the Act was to constitute Bar Councils for certain High Courts and define their powers and duties and to consolidate the law relating to legal practitioners. The Act provided that there shall be a Bar Council for each High Court consisting of fifteen members including four members nominated by the High Court and ten members elected from amongst the advocates enrolled in that High Court. The Advocate-General of the High Court was to be the ex-officio member of the Bar council.
  6. The Indian Bar Councils Act has been replaced by the Advocates Act, 1961. The Advocate Act of 1961 was created in order to carry out the recommendations of the All India Bar Committee, which were supported by the Law Commission’s fourteenth report in 1955.
  7. The Advocates Act, 1961 governs the legal profession in India. The act defines the legal profession as comprising of advocates who are entitled to practice law in the courts, tribunals, and other authorities and defines the duties, rights and liabilities of advocates.

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