Legal Profession in India

The Legal Profession has always been an important limb for administration of justice. Without, profession of
law, the courts would not be in a position to administer and provide justice efficiently as the evidence in
support or against the parties to a suit cannot be legitimately marshalled, facts cannot be properly articulated
and the appropriate legal arguments in favour or against the case of the parties cannot be put forth before the
court. “A well-organized system of judicial administration proposes a properly equipped and proficient Bar.”

The modern legal profession in India has frontier roots, emerging with the advent of Mayor's Courts in Madras
and Calcutta in 1726. However, it was not until 1846, through the Legal Practitioner's Act, that the doors of
profession were thrown open to all those duly qualified, certified and of good character, irrespective of
nationality or religion. Women were still excluded from the profession at this stage, to be thereafter admitted
through the Legal Practitioner's (Women) Act, III of 1923. The legal profession in India, which includes both
the practice of law as well as professional legal education, is regulated by the Advocates Act, 1961.The Bar
Council of India (BCI) is envisaged under the Advocates Act as a body for regulating the minimum standards
to be maintained by institutions imparting legal education in India. The reformation of legal education in India
undertaken since the late 1980s at the initiative of the BCI, the University Grants Commission (UGC), the Law
Commission of India and various state governments has led to the establishment of various national law
schools in India in the last two decades. India has the second largest population of lawyers in the world, second
only to the United States. Many persons admitted that practice law in India has gradually increased from about
70,000 at time of Independence in 1947 to some 1.25 million in 2014.

India has a recorded legitimate history beginning from the Vedic ages and some kind of common law
framework might have been set up amid the Bronze Age and the Indus Valley civilization. Notwithstanding
this, the advancement of "law" as a calling is just a late wonder. The Indian legitimate calling is one of the
biggest on the planet and assumes a fundamental part on the planet's biggest vote based system. While the
bases of this calling lie before Independence, from that point forward the calling has developed enormously
and as of now faces different difficulties; the most imperative being to give access over the calling, guarantee
moral establishments and modernize the practice no matter how you look at it.
History of Legal Profession of India
The history of the legal profession in India can be track from the establishment of the First British Court in
Bombay in the year of 1672 by respective Governor Aungier. The admissions of attorneys were placed in
hands of Governor-in-Council and not with the Court. Before the establishment of Mayor’s Courts in 1726 in
Madras and Calcutta, there were no legal experts in India.

Mayor's Courts- There was no established legal profession until the establishment of the Mayor's Court. Those
who practised law were devoid of legal training and some of the functionaries under the Mayor's courts were
dismissed servants of the British East India Company. There were some years which played important roles in
setting up the courts in India.

ALL INDIA BAR COMMITTEE, 1951

The Indian Bar Councils Act had left the pleaders, Mukhters etc. practicing in the mofussil courts
entirely out of its scope and did not bring about a unified Indian Bar. Further, the Councils
constituted under the Act were merely advisory bodies and were neither Autonomous nor had any
substantial authority. The Indian Legal profession was not satisfied with what had been achieved by
the Act of 1926. The Indian Practitioners had three main aims in view, namely:

1. The abolitions of all distinctions between various classes and grades of the legal
practitioner,
2. The democratization of Bar Councils by bringing in representatives Mofussil Lawyers on
them,
 3. The taking away of the control exercised by the High Courts over the members of the legal
profession, and vesting the same in the Bar Council.
To end this, they continued the effort for a long period of time. With the establishment of the
Supreme Court of India in 1950, under the new consideration, a new stimulus was given to the
demand for a unified All India Bar.

Accordingly, in 1951 the Govt. of India constituted a Committee under the chairmanship of Justice S.
R. Das of the Supreme Court to examine a report on –

1. The desirability and feasibility of a completely unified Bar for the whole of India.
2. The continuance or abolition of the dual system of council and solicitor which obtains in
the Supreme Courts and in the High Courts of Bombay and Calcutta.
3. The continuance or abolition of different classes of legal practitioners, like advocates of the
Supreme Courts, advocates of the various High Courts, district court pleaders, Mukhters,
revenue agents, income tax practitioners etc.
4. The desirability or feasibility of establishing a single Bar Council – For the whole of India;
or For each state
5. The establishment of a separate Bar Council for the Supreme Court
6. The consolidation and revision of the various enactments relating to legal practitioners.3

The Advocates Act, 1961

After the establishment of the Advocates Act ,1961 all the old classes of experts and legal practitioners (vakils,
barristers, pleaders of various grades, and mukhtars) were abolished and were compiled into a single category
known as "Advocates" who enjoys the privilege to practice in courts throughout the India. The Advocates Act
also additionally establish an All India Bar Council for the first time in history of India, with the Attorney-
General and Solicitor General of India as the ex- officio members of Bar Council. The All India Bar Council
has one member selected by each State Bar Council and it selects its own Chairman and Vice Chairman. The
Act has created a State Bar Council in each ad every State with the Advocate General of the State as an ex-
officio member, and fifteen to twenty-five Advocates elected for a time period of five years. The State
Council's important functions include: enrolling law graduates on its Roll, conducting cases of misconduct
against Advocates on the Roll and to organize legal aid, among other functions. Application for enrolment is
therefore made to the State Bar Council.
 THE BAR COUNCIL OF INDIA
The Act establishes an All India Bar Council for the first time. The Attorney General of India in the
Solicitor General of India is the ex-officio members of the Bar Council of India. Besides, it has one
member elected by its State Bar Council from among its members. The Council elects its own
chairman and vice-chairman. 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.
(5) 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) To exercise general supervision and control over state bar councils.

(7) To promote and support law reform

(8) To organize legal aid to the poor.

 STATE BAR COUNCILS

The Act creates a State Bar Council in each state. It is an autonomous body. The Advocate General
of the state is an ex-officio member, and there are 15 to 25 elected advocates. These members are to
be elected for a period of five years in accordance with the system of proportionate representation by
means of single transferable votes from amongst advocates on the roll of the State Bar Council. The
State Bar Council has the power to elect is own chairman. The main powers and functions of the
State Bar Council are:

(a) To admit persons as advocates on its roll

(b) To prepare and maintain such rolls.

(c) To entertain and determine cases of misconduct against advocates on its roll

(d) To safeguard the right, privileges and interest of advocates on its roll

(e) To promote and support law reform

(f) To organize legal aid to the poor

Thus, every State Bar Councils prepares and maintains a roll of the advocate as an authenticated copy
of the roll which is to be sent to the Bar Council of India.

Advocates have been classified into Senior Advocates and other Advocates. An Advocate may, with
his consent, be designated as a Senior Advocate if the Supreme Court or a High Court is of opinion
that by virtue of his ability, experience and his standing at Bar he is deserving of such distinction.
Senior Advocates are, in the matter of their practice, subject to such restrictions as the Bar Council of
India may, in the interest of the legal profession prescribed.

Originally, the Act had saved the dual system i.e. Advocates and Attorneys, prevailing in the
Bombay and Calcutta High Courts on their Original Side. It was left to the two High Courts to
continue the system or not. These provisions were deleted with effect from 1 st January 1977. The
result is that, as a matter of law, Attorneys are no longer recognized as a separate class of lawyers.
However, since the system prevailed for a long period in the two towns it continues there still as a
matter of practice.
Thus, admission, practice, ethics, privileges, regulation, discipline and improvement of the profession
are now all in the hands of the hands of the profession itself. The legal profession has achieved its
long-cherished object of having a unified Bar on All-India basis.3