LEGAL PROFESSION DURING BRITISH INDIA

The legal profession as it exists in India today had its beginning during the British rule. The
Hindu pandits, Muslim muftis and Portuguese lawyers who served under earlier regimes had
little effect upon the system of law and legal practice that developed under British
administration. At first, the prestige of legal profession was very low. From this low state
and disrepute the profession developed into the most highly respected and influential one in
Indian society. The most talented Indians were attracted to study and practice law. The
profession dominated the public life of the country and played a prominent role in the
national struggle for freedom. “There was no movement in any sphere of public activity –
educational, cultural, or humanitarian – in which the lawyers were not in the forefront.” 1
However, after Independence the relative prestige and public influence of the profession
declined.

READ

The legal Profession, as we know today in India, derives its origin from the period of British
India. The earliest form of lawyers in those areas of India that came under the governance of
the British, were called Barristers-at-law. They acquired their legal education and training
from British institutions or Inns of Courts. These Barristers had a right of audience in all
British Courts and by virtue of the same, in all Courts in British ruled India.

Although the British, for the administration of justice, established various kinds of Courts,
no clear provision was made regarding lawyers, judges or legal professionals till the
establishment of the Presidency Court at Calcutta. Clause 11 of the Charter of 1774
empowered the Presidency Court 'to approve' only the English and Irish barristers and
members of the Faculty of Advocates in Scotland or British attorneys. No Indian had the
right to appear before the Court. Similar discrimination was made later in the charters
establishing Presidency Court at Bombay and Madras which kept Indians out of the
profession. Lord Cornwallis in 1793, by regulation VII, authorized the Sardar Diwani Adalat
to enroll pleaders for the Company's Courts in Bengal, Bihar and Orissa, under this
regulation only Hindus and Muslims could be enrolled as pleaders. Pleaders were
empowered to act as arbiters and give legal opinions, by Bengal Regulation XXVII of 1814.
Subsequently, Bengal Regulation of 1833 empowered the Sardar Diwani adalat to enroll any
qualified person as pleader irrespective of his nationality or religion.

1
K.N.Katju, The days I remember II, (1961).
When Provincial Courts were created in India under the Letters Patent from the Crown, they
started enrolment of advocates entitled to practice in such Provincial Courts and also in the
Courts subordinate to them. The first Provincial Courts to commence such enrolment of
advocates were at Bombay, Calcutta and Madras. This was the beginning of the control of
legal professionals through formal enrolment by these Provincial Courts. The Letters Patent
of Provincial Courts of Madras, Bombay and Calcutta empowered them to admit advocates,
Vakeels and attorneys, to lay down rules for the qualification and eligibility etc. for such
admission.

Later, the Courts at Allahabad, Lahore, Nagpur and Patna were also invested with the same
powers under their respective Letters Patent. Even the right of Barrister-at-Iaw to appear in
the Provincial Courts, or in the Courts subordinate to it, was based on the enrolment as an
advocate and not otherwise.2

The earliest enactment for the regulation of legal professionals was the Legal Practitioners
Act (I of 1846). This law was enforceable in Madras and Bombay Presidencies. Every
barrister of any of Her Majesty's Courts of Justice in India was entitled to plead in any of the
Sadar Courts of the East India Company. The law allowed private agreements in relation to
remuneration to be paid for professional services between pleaders and their clients. The
pleaders, however, were not required to specify such agreement in the power of attorney
(vakalatnama). Such private agreements were enforceable through regular suits. The Act
also allowed remuneration to the pleaders for rendering opinions in legal matters.3

Another enactment, which was applicable in Madras and Bombay, extended a right to a
pleader to the effect that he was not bound to attend Court except at the hearing of a case in
which he was employed. Every attorney on the role of any of Her Majesty's Supreme Courts
of Judicature in India was entitled to Plead in any of the Sadar Courts of East India
Company including all subordinate Courts.4

In 1846 the Legal Practitioners act enabled all persons of good character and required
qualifications, to be pleaders. Attorneys and barristers were authorized to appear in the
Sardar adalat and pleaders were permitted to enter into agreement with the clients for their
fee. This Act allowed the barristers and attorneys to appear before any of the Courts of the
Company. They were entitled to appear and plead before the Court subject to its rules and
2
P.R.Iyer, The Law Relating 10 Legal Practitioners, 1951, pp. 182-183.
3
Section 4, Legal Practitioners Act, 1846. At that time, India was administered by the East India Company.
4
Section 2, Legal Practitioners Act (XX of 1853).
directions. Similar provisions were made in the letters patents establishing the Presidency
Courts at Calcutta, Bombay and Madras.