Development of Legal Profession in India

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
p!sacticing
Law
Muslim:- kazi ,Mufti
↓
b
pacting
b Kazi, Muffi
Pandit
 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 .

Cown Coust Company Coust

The Court could remove the advocates and attorneys "on reasonable cause'.
·
Supreme Coust osada Divani
Adalat Advocates and attorneys enrolled were to be allowed to appear and plead or act
·
Sudas Nizamat in the Court on behalf of such suitors.
Apubt
The "advocates" entitled, thus to appear were only the English and Irish
·
Mofossil Diwani Abulat barristers and members of the Faculty of Advocates in Scotland
Nizamat Apulat
·

Mofossil
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.

Judicial Plan of 1793

Cornwallis Code of 1793

Conrnwallis code of 1793 mark beginning

of legal profession in India. Cornwallis Judicial Plan of 1793
For the first time, legal profession relating
provision inserted in any charter or
regulations till now. Article 7/ Regulations 7

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,Bangla
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.

Judicial Reform by Lord Hasting Francis in 1814

Re-organise the Legal Profession

Sadar Diwani Adalat was authorised to enrol pleaders for other

company courts as well.

Charter of 1833

According to charter of 1833, legal profession was open to all people.

From now native could also practice in the company court

Legal Practitioner Act 1853

Crown Coust Company Coust

Coust osada Divani

Authorise the Barristers and Attorneys of the Supreme Court to plead in
·
Supreme any of the company’s court (Sadar Adalat).
Adalat
·
Sudas Nizamat
Apubt Indian legal practitioner were still not allowed to appear, plead and
practice in the Supreme Court .
·
Mofossil Diwani Abulat
Nizamat Abulat
·

Mofossil
- Indian High Courts Act 1861
↓

-
High Coust Problem:- Supreme Court and Sadar Adalat created great confusion and
- conflict

By Indian High Courts Act 1861, the Supreme & Sadar Diwani Adalat were
amalgamated.

Established High court.

High courts were empowered to admit and enrol advocates, Vakil and
attorney to plead and practice in the High Court .
 Legal Practitioners Act 1879

Legal Practitioner’s Act of 1879 was intended to amend ,consolidated and

regulated the legal profession in British India.

1) Legal Practitioners in Chartered High Courts

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

Attorney’s
Advocates
Vakils

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 non-
Barristers 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.

1) Legal Practitioners in Non-Chartered High Courts

The legal practitioners enrolled in non-chartered High Courts were placed

under three categories.

The advocates were to be necessarily Barrister-at-law.

Advocates.
The Indian lawyers were called pleaders and mukhtars and they were to appear and Pleaders.
plead in the subordinate courts.
Mukhtars.
The rules and qualification etc. for enrolment as pleaders and mukhtars were laid
down by the High Courts.
 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

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 Councils Act, 1926

After Recommendations of Chamier Committee

Central Legislature

Enacted the Indian Bar Councils 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 the Advocates 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.

The Bar Council of India is the regulatory body for the legal profession in
India, established under the Advocates Act, 1961. Its functions are as
follows:

1 Regulation of Legal Education: The Bar Council of India is responsible

for laying down standards for legal education, recognizing law schools
and institutions, and regulating the admission of students to law courses.
2 Maintenance of Professional Standards: The Bar Council of India is
responsible for maintaining high standards of professional conduct and
etiquette among advocates, and for taking disciplinary action against
advocates for professional misconduct.
3 Enrollment of Advocates: The Bar Council of India is responsible for
enrolling advocates, maintaining a roll of advocates, and issuing
certificates of practice to eligible advocates.
4 Legal Aid: The Bar Council of India is responsible for promoting pro
bono legal services to the poor and underprivileged and for taking steps to
ensure that such services are available to all.
5 Relations with State Bar Councils: The Bar Council of India maintains
relations with the State Bar Councils and coordinates their activities.
6 Representation of Advocates: The Bar Council of India represents the
interests of advocates before the courts, tribunals, and other authorities,
and protects their rights and interests.
7 Disciplinary Action: The Bar Council of India has the power to take
disciplinary action against advocates for professional misconduct, such as
dishonesty, abuse of clients' trust, or failure to maintain client
confidentiality.
In summary, the Bar Council of India plays a crucial role in regulating the
legal profession in India, maintaining high standards of professional conduct
and ethics among advocates, and protecting the rights and interests of clients.