HISTORY OF COURTS, LEGISLATURES AND LEGAL

PROFESSION IN INDIA
FACULTY OF LAW OSMANIA NIVERSITY
SYLLABUS OF L.L.B. (5-YDC)
(WITH EFFECT FROM ACADEMIC YEAR
2022-2023) SEMESTER-1 PAPER V
CLASS 35

The Legal Practitioners Act, 1853

Prof. Mohammad Masood Ahmed

Prof Masood’s Legal Class

 The Legal Practitioners in India

 The legal profession has played a pivotal role in the administration of

justice throughout history. From ancient times to the modern era, the
development of the legal profession has been marked by significant
milestones that have shaped its structure, functions and contributions to
society.
 The legal profession is one of society’s oldest and most esteemed
professions. Those engaged in the legal profession are commonly known
as advocates or lawyers. As officers of justice and friends of the court,
advocates play a crucial role in the administration of justice. They are
responsible for representing individuals seeking legal assistance and
providing zealous advocacy on their behalf.
 The duties of an advocate are multifaceted and encompass various aspects
of legal practice. When representing a client, an advocate must diligently
collect and analyse legal material relevant to the case. This involves
conducting thorough research, studying statutes, precedents and legal
doctrines and examining the facts and evidence related to the matter.
Armed with a comprehensive understanding of the case, the advocate
proceeds to argue and present the client’s position before the courts,
aiding the judges in arriving at just and fair judgments.
 Historical Development of Legal Profession in India

 Legal Profession in Ancient India: In ancient India, the concept of a

specialised legal profession had not yet taken shape. Instead, justice was
dispensed by tribal leaders or kings who wise courtiers and religious heads
advised. These sages, known for their wisdom, resolved disputes and
delivered judgments based on Hindu religious tenets and customs. There
were no lawyers as we understand them today, but rather respected
individuals who acted as mediators and counsellors.
 Legal Profession in Medieval India: The medieval period saw the
emergence of the legal profession as parties in litigation appointed vakils
(representatives) to present their cases in court. However, these vakils
functioned more as agents for the parties rather than lawyers in the
modern sense. They were paid a percentage of the amount in the suit as
their fees. The legal profession at this time lacked organisation and a
structured framework.
 Legal Profession in British India: During the British colonial period in
India, the legal system underwent several significant developments that
laid the groundwork for the organised legal profession we recognise today.
This article explores the key charters, acts and regulations that shaped the
evolution of the legal profession during British India.
 Legal Profession in India

 Legal Profession in India After Independence: After gaining

independence, India embarked on a journey to reform and modernise
various sectors, including the legal profession. The legal profession in
India saw a significant transformation with the enactment of the
Advocates Act of 1961. This landmark legislation aimed to bring about
utility and dignity in the legal profession on an All-India basis. Let’s delve
into the key provisions and impact of the Advocates Act of 1961.
 Formation of All India Bar Committee and Recommendations: In
1951, the All India Bar Committee, under the chairmanship of Justice S.R.
Das, was formed to review the legal profession’s state and propose
reforms. The committee submitted a report recommending the
establishment of All India Bar Councils and State Bar Councils. These
bodies would have the power of enrollment, suspension or removal of
advocates, thus ensuring uniform standards and discipline in the legal
profession.
 The committee proposed maintaining a common roll of advocates
authorised to practice in all courts across the country. It also advocated
against further recruitment of non-graduated pleaders or mukhtars,
aiming to elevate the qualifications and professionalism of legal
practitioners.
 The Legal Practitioners Act, 1853

 The Legal Practitioners Act, 1853 - This Act authorized the barristers and
Attorneys of the Supreme Court to plead in any of the companies courts
subordinate to Sadar court subject to rules in force in the said subordinate
courts as regards language or otherwise.
 Formation of All India Bar Committee and Recommendations

 In 1951, the All India Bar Committee, under the chairmanship of Justice
S.R. Das, was formed to review the legal profession’s state and propose
reforms. The committee submitted a report recommending the
establishment of All India Bar Councils and State Bar Councils. These
bodies would have the power of enrollment, suspension or removal of
advocates, thus ensuring uniform standards and discipline in the legal
profession.
 The committee proposed maintaining a common roll of advocates
authorised to practice in all courts across the country. It also advocated
against further recruitment of non-graduated pleaders or mukhtars,
aiming to elevate the qualifications and professionalism of legal
practitioners.
 The Legal Practitioners in India-Conclusion

 The development of the legal profession in India has been a journey

marked by significant progress and transformative reforms. The legal
profession in India has evolved over centuries, from ancient times with
wise individuals serving as mediators, to the British colonial period, which
saw the establishment of courts and regulations. After independence, the
Advocates Act of 1961 brought significant reforms, establishing
autonomous bar councils and a common roll of advocates. This Act
revolutionised the profession, emphasising ethical conduct and enabling
advocates to practice across the country, contributing to the effective
administration of justice.justice and society.
Prof Mohammad Masood Ahmed
Email: masooddeccan@gmail.com