NAME – Ishanvi Biswal

ROLL NO- 2183063

SECTION- BA (A)
SEMESTER- 4th Semester

DEVELOPMENT OF OUR PRESENT-DAY LEGAL PROFESSION IN INDIA

Abstract
The legal profession is guided by both legal and ethical issues because it is a noble
profession. In actuality, every citizen in India is guaranteed justice on "Social, Economic, and
Political" levels by the Preamble to the Indian Constitution. The administration of justice is
centred on the work of legal experts. During a period of years, the field has rapidly and
dynamically evolved. Even so, despite the enormous progress that has been done, there is still
much potential for the profession to flourish and evolve in the future for the good of all
humanity. This paper would look into the history of our modern legal practise through the
four phases along with some quick introduction on the genesis of this present-day legal
practise in Greece, Rome and UK.
Keywords: legal profession, constitution, justice, ethics, administration

Objective

 To analyse the historical development of legal profession in our country

 To know more about the current scenario of our legal profession in India
 And to understand its importance in our lives
 To know about the legal development that occurred in abroad countries
Sources of Data
The current study is descriptive and non-empirical in its approach. A research instrument was
created to gather information on the study's dimensions. The study used secondary data
sources such as books, papers, journals, e-sources, theories etc.

Introduction
Perhaps one of the best - known and most prestigious profession is law. A lawyer or advocate
is an individual who specializes in the practice of law. A professional person is a judicial
acquaintance and representative of the judicial framework. An advocate assists the parties to
incorporate legal documentation related to business, such as contracts, agreements, deeds,
wills, etc. It is commonly accepted that the legal system that developed with the
establishment of British rule in India is what gave rise to the profession of law as we know it
today in India. The development of British rule in India is closely linked to the establishment
and expansion of a judicial system, with trial and district courts at the bottom and superior
courts of record at the top. The prior administrations' use of Hindu pandits, Muslim muftis,
and Portuguese lawyers had little to no influence on the legal system and practise that
emerged under British rule. In Indian society today, lawyers still hold a significant position.
They are in charge of upholding civil liberties and guaranteeing that everyone has access to
the court system. Also, they are essential in guiding organisations through difficult legal and
regulatory processes. In addition to their conventional responsibilities, lawyers are
progressively adjusting to the socioeconomic landscape of the nation in order to create
workable answers to challenging legal issues. Modern lawyers are quickly embracing
technology in order to practise law more effectively.

Development of legal profession abroad

The profession of orators—skilled persons who represented other people in their conflicts
with others—emerged in Ancient Greece, and it is possible that this is where the origins of
the legal profession can be found. The common Greeks, however, despised them because
they thought such people may rise to great power and become aristocrats. Thus, there was
little room for the legal profession to expand in ancient Greece. The two types of legal
professionals that were well-known in ancient Rome were the Juris consults (legal
professionals who gave individual counsel) and the Procurators (legally trained professionals
who practised in front of courts of law). But it was in the UK that the adversarial, common
law-based legal system we know today began. A multitude of laws and rules were passed to
control the profession during the Middle Ages. The Charter of London (1268), the Statute of
Westminster (1275), the London Ordinance (1280), and the Ordinance of 1292 were a few of
these. As a result, the legal profession in the UK gradually more codified. At first, the
profession was divided into Attorneys and Sergeants/Serjeants. Barristers (legal experts who
can argue for the parties) and Solicitors (legal experts who can only represent the parties) still
exist to maintain this division.
Evolution of the legal profession in India
The phases of evolution of the legal profession in India are as follows:
1. Legal profession in Ancient India
2. Legal profession in Medieval India
3. Legal profession in British India
4. Legal profession in India after independence

Legal Profession in Ancient India

In former times, people in India lived in close-knit communities. The leaders of these tribes
or groupings administered justice in front of everyone beneath the open sky. There were open
arguments made. Back then, there were no specialists like a lawyer. Kingships brought about
justice once they were formed in the community. The monarch received advice from his
councillors at King's Court. The Hindu religion and customs were deeply ingrained in the law
of ancient times. King protection was provided for Dharma. Despite the absence of a legal
profession, some intelligent individuals served the court system. We are well known of the
wise man who resolved the crucial situations of those times thanks to the accounts of
Maryada Ramayana and Vikramaditya. In those days, the administrators oversaw the legal
profession. For a while, religious leaders controlled how justice was carried out in society.

Legal Profession in Medieval India

There was no institution for the legal profession throughout the Islamic era. Nonetheless, the
dispute's parties each name their own vakils. This body rendered the decision and was
compensated with a portion of the settlement. Who may represent Vakils is a matter for the
Court to decide. They represent principals but do not practise law.

Legal Profession in British India

The prototype judicial system that exists in India was developed during the British
occupation. The East India Company, not the British king, was the wellspring of the courts'
jurisdiction prior to 1726. The charter of 1661 originally encapsulated an overview of the
English legal system.

Legal Profession in India after independence

In 1951, justice S.R. Das became the All India Bar Committee's chairman. State bar councils
and an All India Bar Council were recommended by the committee in its report. It speculated
empowering advocates the ability to be recruited, expelled, or ejected from the Bar Council.
Counsel were urged to continue serving a comparable performance and be allowed to practise
in all of the country's courts. It also cautioned against recruiting any more mukhatars or
pleaders without a degree. Parallel proposals were offered by the Fifth Law Commission of
India in its fourteenth edition as an outcome of the "All India Bar Committee Act, 1961"
judgments. The federal government passed the Advocate Act in 1961. India as a whole has
been bound to follow this legislation. It caused the Indian judicial system to undergo dramatic
transformations. Its intention was to uphold the dignity and worth of the practice of law
across the whole nation of India. The prologue to the Act states that the Act alters and
codifies the legislation governing lawyers.

Conclusion
The legal field is an honourable one. It has reached the stage of acceptance and
acknowledgment through the many stages of development! However, in addition to outright
condemnations, there are some biased and misinformed comments among the lowest classes
of society. The growth of law as a profession has been influenced by globalisation. Yet, as a
result of globalisation and the emerging trend of India on the world stage, flaws have become
apparent that demand prompt attention and resolution. The enormous population expansion
and the emergence of new household areas have contributed to the development of the
profession as well as to its unavoidable flaws. A philosophically based vision is what is
required. As a result, it is governed by both legal and ethical considerations. The legal
profession has rapidly grown and changed over the years. It is possible to follow India's
growth and development through the ancient, mediaeval, British, and eventually post-
independence periods. In today's world, this profession is thriving, not just in India. Even so,
despite the enormous progress that has been done, there is still much potential for the
profession to flourish and evolve in the future for the good of all humanity. In order to ensure
that law students obtain the necessary training to deal with the fast changing legal profession
in India and around the world, urgent action must be made in the domain of legal education.

References
Online sources
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5. https://www.studocu.com/in/home
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evolution-historical-development-and-regulations.html
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8. https://www.srdlawnotes.com/2016/07/development-of-legal-profession-in-india.html
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 10. https://gyansanchay.csjmu.ac.in/wp-content/uploads/2022/04/Development-of-Legal-
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Books
1. Glanville Williams, Learning the Law, Sweet & Maxwell Ltd., London, Eleventh
Edition, 2010, p. 67.
2. Robert J. Bonner, Lawyers and Litigants in Ancient Athens: The Genesis of the Legal
Profession, 1927, p. 202.
3. John A. Crook, Law and Life of Ancient Rome,Cornell University Press, Ithaca, 1967,
p. 90.
4. M. P. Jain, Outlines of Indian Legal & Constitutional History