History of legal profession

 No regular legal professional groups heard of in the ancient and medieval era. Also, the
same can be said for the starting period of the British rule in India.
 Setting up of the presidency towns marked the starting of such a profession when the first
judicial courts were set up.
 New courts made provisions for parties to be represented by legal professionals and a fee to
be paid to them. Portuguese lawyers and attorneys were more influential since they were
present from the very beginning.
 The Company officials did not want any lawyers to be sent from Britain since they were
despised of creating fights and conflicts. John Bakes: first to be sent to Madras. But his
tenure was short.
 Company officials thought that they interfere in the smooth functioning of their working.
Attorney at Bombay had bad terms with the Company’s government.
 1726: no legal provision for any legal professional.
 Establishment of SC under 1773: Advocates and Attorneys (English, Irish, Scottish) to be
appointment. Monopoly created since the SC administered English law. Natives had a lot of
problem in approaching this court: long distance, could not understand laws etc.
 Adalat system: Wakils were a class that were present in these courts who appeared on
behalf of the parties. Extremely exploitative in nature, charged high fees and elongated the
process of receiving justice.
 Cornwallis code: Bengal regulation of 1793: Men of good character, people duly educated in
Hindu and Mohammedan law are to be allowed to practice. Certificate given after passing
some tests. Fixed retainer fee. Fixed professional fee related to the value of the property.
Fees would be payable only after the decision of court is announced so that the litigation is
not an extended affair and natives are not exploited.
 Similar to Wakalat Nama: search. Naming person as pleader, authorising to prosecute or
defend, binding self to follow the acts.
 Other communities not given representation. They had to pass out from a Hindu college or a
Mohammedan college.
 Sadr Diwaani Adalat: Power to control and suspend a wakil. If any disrespect to a court is
done, he is fined rupees 100. Converted all wakils into servants of court. Power to enrol
them, tell them which court they could appear, punished by suspension or dismissal or fined
etc.
 1814: Regulation XXVI: Made life worse for wakils. Powers of SDA was vested in Provincial
Courts too.
 1831: Regulation V: Wakils could be of any religion. Freedom of contract between clients
and wakils recognised.
 Legal Practitioners’ Act of 1846:
1. Office of pleader was thrown open to all person of whatever nation or religion provided
he was duly certified of good character and of good education. The religious test was
abolished.
2. Every barrister enrolled in her majesty’s courts were eligible to plead in the adalat subject
to rules of those courts including those regarding languages. (Wakils resented this as they
did not have the same right to appear before the SC)
 3. Wakils were allowed freedom to enter into agreement with clients for their fees.
 Muftars easily accessible. Revenue agents. They existed at the grassroots level
 Act 20 of 1865: Revenue agents and muftars were officially recognised and rules were made
for the admission and qualification of them.
 When HCs were set up, they were seen as successors of the SC and the Adalats. Barristers,
attorneys and wakils allowed appearing before it. Distinction maintained since only
advocates were allowed to appear for original jurisdiction not wakils, they appeared if there
was a appeal. This distinction was not maintained for long. In Madras HC, even Wakils were
allowed to appear. Reaction: Wakils were said to be inferior to them, good chunk of practice
would go to these wakils since natives would be more approachable than an English
barrister or an advocate. HC disregarded these arguments saying that this was
discriminatory. Bombay: decided to relax it and admit wakils. However, Calcutta maintained
the distinction.
 Wakils questioned the distinction as why such a distinction should be maintained even if
they had the same kind of education as the Barristers or Advocates.
 1879: Another legal prac...Brought all 6 grades of practitioners under the jurisdiction of the
HC. The 6 grades included advocates, attorneys and wakils of HC and Wakils, Muftars,
Revenue agents of the subordinate courts.
 Provisions:
1. Empowered an advocate or wakil on the role of a HC to practice in his own HC and all
other subordinate courts; in any court in British India other than a HC on whose role he
was not entered; with the permission of any HC on whose role he wasn’t entered.
(excluding the original jurisdiction in the HC of a presidency town)
2. Muftars gave their exams.
3. Pleaders had their own exams conducted by the HC.
 Admission of women as lawyer: 1923
 Demand for an All India Bar Council was also raised. -1922
 1923: Committee? Recommendations?