DR. B. R.

NATIONAL LAW UNIVERSITY, SONIPAT

TOPIC - ORIGIN AND EVOLUTION OF LEGAL

PROFESSION IN INDIA

SUBMITTED BY – HIMANSHU CHOUHAN

SUBMITTED TO – MR. NAVNEET KRISHNA
(ASSISTANT PROFESSOR)
ROLL NO. – 2001038
SUBJECT CODE – 706
LAST DATE OF SUBMISSION – October 10, 2023
Contents
INTRODUCTION .................................................................................................................................. 3
TRACES OF LEGAL PROFESSION IN ANCIENT INDIA ............................................................................... 3
DEVELOPMENT OF LEGAL PROFESSION IN INDIA .................................................................................. 4
LEGAL PROFESSION AFTER INDEPENDENCE .......................................................................................... 5
CONCLUSION .......................................................................................................................................... 6
INTRODUCTION
The legal profession as it exists at present time started developing after the advent of
Britishers in India. There are traces found in ancient texts such as Katyayana 91 which shows
that similar kind of practice was present in ancient times. But it was quite different from what
it is today. During the development of legal profession under British rule, it had little effect
from the Portuguese lawyers, Hindu pandits and Muslim Muftis of earlier regimes. The
prestige of legal profession was very low at that time. From that it developed to highly
respected and influential profession in Indian society. Ancient Indian legal system is
completely forgotten and a foreign legal system is enforced due to elongated slavery.
1
However, without a doubt, in some of other way, legal profession existed in India since
Vedic ages, although forgotten. Thus, in this paper we will discuss the evolution of legal
profession in India from ancient India to modern period.

TRACES OF LEGAL PROFESSION IN ANCIENT INDIA

The concept of ‘Dharma’ was divine itself. Corresponding to today’s concept of principles of
natural justice, some laws and things were above king due to it being the natural order of
universe, i.e., Dharma. With respect to existence of legal profession in ancient India, most of
the western and Indian scholars regard it as non-existent in ancient India or very crude
existence. However, a substantial question mark could be imposed on such thesis by citing
various writings from different ancient rishis, which clearly talks about legal representation as
a profession.2 For instance, appointment of a Niyogi. A party to a litigation could appoint
another person well versed in law to represent his case before the Court. Such a person was
called a Niyogi. A detailed description of eligibility, duty, fees, etc. of Niyogi was given in
Sukra Niti. For instance, Katyayana’s three sloka (93-95) , mentions that niyoga cannot be
allowed in the serious cases, mainly of criminal nature. On the other hand, Sukranitisara
provides about the details of payment to niyojita, etc3.

1
Law Comm, XIV Report, 556 (1958).

2
The Bar Council of India, h p://www.barcouncilofindia.org/about/about-the-legal-profession/legal-
educa on- in-the-united-
kingdom/#:~:text=India%20has%20a%20recorded%20legal,an%20illustrious%20history%20in%20India (last
visited Oct, 09, 2023
3
Ibid.
DEVELOPMENT OF LEGAL PROFESSION IN INDIA
With the advent of British east India company, came common law system in India. Initially,
with the authority of charter of 1726, mayor’s courts were established in three presidency
towns. After the battle of Plassey and victory of British east India company, the company’s
courts expanded out from the three presidency towns. However, until now the legal profession
in India was not refined and those who practise law were not necessarily required to extensive
legal knowledge.
It improved the quality of justice and pleading. After the establishment of mayor’s court,
attorneys started appearing. In Madras, there were four attorneys at the time Mayor’s court.
This Charter did not provide for the legal profession, no prescription was made in regards of
ethics and practice.
The weaknesses of this Charter lead to the proclamation of Royal Charter of Supreme Court
of Judicature at Calcutta in 1774. Upto this time, two principles were established: 1) the right
of attorney to protect the rights of his client in spite of opposition from council members and
2) the right to dismiss an attorney guilty of misconduct.
The Charter of 1774 provided the following powers to the Supreme Court:
a) To enroll Advocates and Attorneys
b) To prohibit practitioners from practicing in the Court if not properly admitted and
enrolled.
c) To remove the Advocates and Attorneys from rolls on a reasonable cause.
The different classes of Advocates established after this Charter. Attorneys gave up pleading
and limited their work as solicitors and Barrister used to plead before the court.
The Charter 1793 provided for the character, education and knowledge of the pleaders. Hindu
students form Hindu College at Benaras and the Muslim students from Mohammedan college
at Calcutta were selected for the enrollment as pleaders. This Charter provided for the
professional fees, vakalatnama and one pleader was attached to one court.
One of the reasons of practicing in the Supreme Court was that advocates were highly paid.
The Indian Law Commissioners’ Report of 1844 revealed the rate of bar fees being two,
three-five times that it was in England.4
The two-tier structure was running. One of the Supreme Court and the other was Company’s
court. The Supreme Court was dominated by the Barristers and Attorney and vakils were
dominating the Company’s courts. The Legal Practitioner Act of 1853 opened the gate for
Barrister and Attorneys to practice in Company’s courts and The Indian High Courts Act,
1861 ended the monopoly of Barrister and Attorneys enjoying in the Supreme Court. 5

4
History of legal Profession in India, h ps://www.lawctopus.com/academike/history-legal-profession-
india/ (last visited Oct 09, 2023).
5
Ibid
LEGAL PROFESSION AFTER INDEPENDENCE

All India bar committee, 1951

The committee submitted its report in 1953 and recommended the creation of a unified national
bar. According to the recommendation of the committee, different grades of legal professionals
were abolished and an autonomous all India Bar be formed. An advocate enrolled under the
common roll would be entitled to practice in all courts in the country.

The advocates act, 1961

The Advocate’s Act was passed by parliament in 1961 to reform and codify the law
governing attorneys and to establish the rules for the State Bar Council and All India Bar
Council. The Bar Committee's suggestion to the Law Commission is modified and put
into effect by the Advocates Act. The Bar Council of India has been entrusted inter alia
with the following important functions:

(1) To lay down standards of professional conduct and etiquette for advocates.

(2) To safeguard the rights, privileges and interest of advocates

(3) To promote legal education

(4) To lay down standards of legal educati0on in consultation with the universities
imparting such educations in the State Bar Councils.
To recognize universities which degrees in law shall qualify for enrolment as an advocate and
up to visit and inspect the universities for that purpose.6

6
Bar Council of India, h p://103.25.172.19/bar-council/func ons.php (last visited Oct, 09, 2023).
CONCLUSION
In conclusion, the legal profession in India has a rich and diverse history that has evolved
significantly over the centuries. From its ancient origins to its modern-day complexities, the
legal profession continues to play a vital role in shaping the country's legal landscape and
ensuring access to justice for its citizens. Ongoing efforts to enhance legal education,
promote diversity, and address systemic issues will be essential for the profession's continued
growth and effectiveness in the years to come.