Damodaram Sanjivayya National Law University

Vishakhapatnam, AP

Project title:
Development of legal profession in India

Name of the faculty:

Dr. Vishwanathchandra Madasu

Name of the subject:

History-2

Name of the student: Suma Bharathi

Roll number: 2017114

Semester: 2

1
 Table of contents

1. Acknowledgement ……………………………………………….... P.3

2. Abstract …………………………………………………………….P.4
3. Introduction ………………………………………………………. P.6
4. Comparison and clarification ……………………………………. P.7
5. Women in early bar…………………………………………….. .P.18
6. Bar Council of India Rules, 1975 ………………………………… P.21
7. Indian bar councils act, 1926 ……………………………………P. 22
8. Legal Profession after Independence …………………………… P.23
9. Conclusion ……………………………………………………… P.25
10. Bibliography …………………………………………………….P. 26

Acknowledgement

I am thankful to my professor Dr. Vishwanathchandra Madasu, Damodaram Sanjivayya

national law university, Vishakhapatnam, for his valuable guidance, encouragement and
cooperation during the course of this research project.

2
The completion of this project could not have been possible without the participation and
assistance of so many people. Their contributions are appreciated and gratefully
acknowledged!

To all the relatives, friends and others, who in one way or the other shared their support,
either morally, financially, and physically, thank you.

I thank you!

Abstract

What is Profession?

                 In society, people occupy different occupations for their livelihood or for their
satisfaction. The occupations may be broadly divided as productive occupation and service
occupations. The occupations which require advanced education and special training are

3
called professions. LAW, teaching, architecture, medicine, etc. are related to professions.
They are intended to serve mankind.

What is the legal profession?

                  
                      The profession of law is one of the oldest and noblest professions. The person
in the legal profession is called an advocate or lawyer. An advocate is an officer of justice
and a friend of the court. He has to accept a brief for any man who comes before the courts
and do what one can do honourably on behalf of his client. He has to collect legal material
relating to the case of his client had argue in the courts to help the judges to deliver
judgments. The central function that the legal profession must perform is nothing less than
the administration of Justice.

  An advocate also serves the public by giving legal advice by explaining the complicated and
confusing provisions of different Acts and Rules to citizens who seek his service.
An advocate assists the parties in drafting the economic transactions like contracts,
agreements, deeds, wills etc.

An advocate also provides professional services regarding taxation and trade performance.

An advocate should provide free Legal Aid to the poor and deserving people on
compassionate grounds.

An advocate has to protect the fundamental and Human Rights in addition to propagating
them among citizens.

 An advocate is the foreigner of the society. He has to fight for law reforms and social change
and at the same time extend his services to maintain law and order.

Development of legal profession in India -

Development of legal profession in India can be divided into four phases are as follows -
4
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

Introduction

The Legal Profession is an important limb of the machinery for administration of justice.
Without a well-organized profession of law, the courts would not be in a position to
administer justice effectively as the evidence in favour or against the parties to a suit cannot
be properly marshalled, facts cannot be properly articulated and the best legal arguments in
support or against the case of the parties cannot be put forth before the court. “A well-
5
organized system of judicial administration postulates a properly equipped and efficient
Bar.”[xlvi] It is, therefore, in the fitness of things to take note briefly of the development of
the legal profession in India.

The history of the legal profession in India can be traced back to the establishment of the
First British Court in Bombay in 1672 by Governor Aungier. The admission of attorneys was
placed in the hands of the Governor-in-Council and not with the Court. Prior to the
establishment of the Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal
practitioners.

Comparison and clarification

1) Legal profession in ancient India -

                              In India during the earlier period, people live in small groups. The heads of
these groups or tribes delivered justice under open sky before all the members. Open

6
arguments were made. There was no specialist like a lawyer during those days. When
Kingships was established in the society, Kings delivered justice. In King's Court, the king
was advised by his councillors. The law of those days was a rooted in Hindu religion and
custom. Dharma was protected by the king. Though there was no Institution of a lawyer,
some intellectual people served justice. From the stories of Maryada Ramayana and
Vikramaditya, we are well aware of the wise man who solved the critical cases of those days.
During those days the legal profession was administered by the administrators. For some
time, religious heads dominated the society in administering the justice. During those days,
the sufferer presented complaint before the king in his court and thereafter the court
summoned the defendant to submit his reply. The Court then investigated the matter on the
evidence. The King took the advice of the religious heads and wise courtier and then
delivered the judgment. The same procedure was followed in all cases.

2) Legal profession in medieval India -

                            During the Muslim period, there was no Institution of the legal profession.
But both the parties of the litigation appoint their Vakils. This body decides the case and they
were paid a percentage of the amount in the suit. The Court has the power to decide who
should be allowed to appear as Vakils. They act as agent for principals but not as lawyers.
            The same system was continued in North India even under the rule of East India
Company.

3) Legal profession in British India -

                               During the British period, the model legal system was developed in India.
Before 1726, the courts derived their power not from the British crown but from the East
India Company. The charter of 1661 has already described the English law.

i) Charter of 1726:
7
              In 1726 the crown issued the charter of 1726, and the Mayor's Court were
established in the presiding towns of Bombay, Calcutta, and Madras. They were the royal
Courts. They followed the procedure based on English law. But there were no facilities to get
the legal training.  Many persons who have no knowledge of law were used to practice before
the said Courts. The Mayor's Court has no jurisdiction in criminal cases. The criminal
jurisdiction was conferred on the Governor.

ii) Charter of 1753 -

                In 1753, another charter was issued to modify the charter of 1726. This charger also
ignored significant provision for legal training and education relating to legal practitioner.
Even after the charter of 1753, the legal profession was not organized.

iii) Charter of 1774 

                 
              The Regulating Act, 1773 empowered the British Crown to establish a Supreme
Court at Calcutta by issuing a Charter. Accordingly, a supreme court at Calcutta was
established by is sung the charter of 1774. 

Clause II of the Charter of 1774 empowered the said Supreme Court of Judicature Calcutta to
approve and enrol advocates and Attorneys- in-law. They were to be Attorneys of record. 
They were authorized to appear and act in the supreme court. The supreme court had the
power to remove any advocate for Attorney on reasonable cause. Indian legal practitioners
were not allowed to enter the supreme court. At that time 'Advocate' means the British and
Irish Barristers and member of the faculty of advocates in Scotland. The term  'Attorney'
applied to the British attorneys or solicitor.

iv) The Bengal Regulation Act of 1793:

             The Bengal Regulation Act VII Of 1973 permitted qualified Hindu and Muslim
persons only to enrol as pleaders and the Bengal Regulation XII of 1833 allowed all the

8
qualified persons of any nationality or religion to enrol as a pleader of the Sardar Diwani
Adalat.

v) The Legal Practitioners Act, 1846 -

                           The legal practitioners Act 1846 allowed at the people of any nationality or
religion to act as leaders. It also allowed attorneys and barristers enrolled in any of Her
Majesty's courts in India to plead in the company’s Sardar Adalat.

                         The Legal Practitioners Act, 1853 - This Act authorized the barristers and
Attorneys of the Supreme Court to plead in any of the company’s courts subordinate to Sadar
court subject to rules in force in the said subordinate courts as regards language or otherwise.

vi) Indian High Court Act, 1861 -

                         The Indian High Court Act, 1861 empowered the government to establish
High Court in Presidency towns. After the establishment of the High Courts, the Civil Courts
were organized at different towns. The criminal courts were organized by the Criminal
Procedure Code 1898.

vii) Legal Practitioners Act 1879 - 

                  
                          Under the Legal Practitioners Act 1879 the term 'legal practitioner' means
Advocate, Vakil or attorney of a High Court and pleader, Mukhtar or revenue agent, who
were non-graduates and matriculates only. All these were brought under the jurisdiction of
the high court. Vakils were the persons who had taken the law degree from Indian
Universities. Pleaders and Mukhtars Were the Indian lawyers but advocate were to be the
barristers.

Section 5 of the Act says that every person entered as an attorney on the role of any High
Court would be entitled to practice in all the courts subordinate To Such High Courts and in
all revenue offices.
9
Section 6 of the Act Empowered the High Court to make rules consistent with the Act as to
Suspension and dismissal of pleaders and Mukhtars.

Section 8 empowered the pleader to practice in courts and revenue offices after enrolment.

Section 9 empowered the Mukhtar to practice in the courts after enrolment.

According to Section 12, the High Court Can Suspend or dismiss any pleader or Mukhtar if
he was convicted of any criminal offense and according to Section 13, the high court can
suspend or dismiss pleader or Mukhtar guilty of professional misconduct.

Section 14 of the Act made provisions in respect of the procedure when the charge of
professional misconduct was brought in subordinate Court or revenue office.

Section 17 of the Act deals with the power of chief controlling revenue authority to make
rules consistent with this act as to qualification, suspension, dismissal etc. of the revenue
agent.

viii) Indian bar committee 1923 -

     A committee called Indian bar committee under the chairmanship of Sir Edward Chaminer
was constituted in 1923 to consider the issue of the organisation of the bar on all India basis.
The committee did not favour the establishment of All India Bar Council. It was of the view
that bar council should be constituted for each High Court.
10
Indian Bar Council Act 1926 -

          
                           In 1926, the Indian bar council of India Act was enacted to provide a bar
council for each High Court. The Bombay High Court and Calcutta High Court allowed non-
barrister advocates to practice. Thus, the distinction between Barristers and advocates was
abolished. The pleaders and Mukhtars practicing in Mofussil Courts were not within the
scope of the Indian bar council act 1926.

         Even after the enactment of the Bar Council Act 1926, the High Court has the power of
enrolment of advocates and the functions of the bar council was the adversary in nature and
the rules made by the bar council were to be effective only on the approval of the high court.
Section 10 of the Indian Bar Council Act 1926 empowered the high court to reprimand,
suspend or remove from practice any advocate of the high court if he was found guilty of
professional misconduct or other misconduct.

4) Legal profession in India after independence -

All India Bar Committee, 1951-

                   In 1951, the All India Bar committee was constituted under the chairmanship of
justice S.R. Das. The committee in its report recommended the establishment of an All India
Bar Councils and State Bar Councils. It recommended the powers of enrolment, suspension
or the removal of advocates to the Bar Council. It recommended the common role of
advocates should be maintained and they should be authorized to practice in all courts in the
country. It further recommended that there should be no further recruitment of non-graduated
pleaders or Mukhtars.  The similar recommendations Were made by the fifth Law
Commission of India in its fourteenth report.

11
Advocate Act 1961 -

                      As a result of the report of the "All India Bar Committee Act, 1961 “. the
central government enacted the Advocate Act 1961.This Act has been in Force In entire
India. It brought Revolutionary changes in the legal profession in India. It was set out to
achieve the utility and dignity of the profession of law on an all India basis.  The Preamble of
the says that the Act amends as well as consolidates the law relating to legal practitioners.

The Advocate Act,1961 contains 60 Sections set out in 7 chapters. 

Chapter I - deals with primary issues such as short title, extent and commencement and
definitions.

Chapter - II Section 3 to15 deals with the bar councils.

Chapter III Section 16 to 28 deals with admission and enrolment of advocates.

Chapter IV deals with the right to practice chapter.

Chapter V Section 35 To 44 deals with the conduct of advocate.

Chapter VI Miscellaneous issues.

Chapter VII deals with the temporary and transitional provisions.

12
The Advocate Act 1961 repeals the Indian Bar Council Act,1926 and all other laws on the
subject.

The Advocate Act,1961 provides for an autonomous bar council in each state and All India
Bar Council consisting mainly of the representatives of the state bar councils. Under the act, a
state bar council is to enrol the qualified person as advocates and a prepare a roll of advocates
practicing in the state and thereafter a comment roll of advocates for the whole of India is to
be prepared by the bar council of India.

The Advocates whose Names are entered in the common roll would be entitled as of right to
practice in all courts in India including the Supreme Court.

Advocate Act 1961 amended many times to bring changes with the changing times and to
solve the practical problems.
Legal profession in India has a long history to tell, as far as India is concerned. However
Before four centuries it was not so. It is the colonial regime that forged the present adversary
legal profession in India. However, the legal profession in the precolonial era was not an
entire nullity.
Legal Profession in Pre-British India
During the Hindu period the Courts derived their authority from the King who was
considered the fountain head of justice. The King's Court was superior to all other courts. The
King was advised by his Counsellors in hearing and deciding the case but he was not bound
by their advice. The institution of lawyer as it exists today was not in existence during this
period. The Court was required to investigate the matter and deliver its judgment. The judge
was bound to be punished in case it was found that his judgment was wrong. Kautilya's
Arthasastra does not mention about the existence of legal profession and therefore most
probably such a class did not exist. 
Muslim Period
During the Muslim period the litigants were represented by a body of persons known as
vakils. The vakil was paid a percentage of the amount in the suits. The Court of the native
administrations concerned determined who should be allowed to appear as Vakil in a Zilla
13
Court. Even during this period, the legal profession was not organized. The Vakils acted
more as agents for principals than as lawyer.

Legal Profession during British Period

The legal profession as it exists today was created and developed during the British Period. In
early days the legal profession was not paid due attention by the East India Company. There
was no uniform judicial system in the settlements of the East India Company.  Before Madras
attained the position of a Presidency in 1665 it had two courts namely, the Choultry Court
and the Court of the Agent and Council.
From the period ranging from 1661 till 1726, laws of equity and justice in conformity with
the laws in England were followed. There was no codified law. In Calcutta, the judicial
system was based on the Company’s authority as a Zamindar. This continued till the charter
of 1726 was passed.
In 1726 by a Charter known as Charter of 1726 in each Presidency Town a Mayor's Court
was established and, thus, by the Charter a uniform judicial system was introduced in all the
three Presidency Towns-Bombay. Calcutta and Madras. Before 1726 the Courts under East
India Company did not derive their authority not from the British Crown and their decisions
were not as authoritative as those of the Courts in England.
The Mayor’s Court established under the Charter of 1726 were the Royal Courts and they
derived their authority from the British Crown and not from the East India Company. The
Mayor's Courts were to follow well-defined procedure based on the English law and
procedure. The Charter of 1726, thus, introduced Royal Courts in India but did not make
provisions for the regulations of the legal practitioners. Many persons having no knowledge
of law were practicing. The judicial administration including the legal profession was not of a
high order.
In 1753 a new Charter known as the Charter of 1753 was issued to modify the Charter of
1726 but even this Charter did not contain significant provisions for legal training and legal
education of legal practitioners. The Regulating Act, 1773 and the Charter of 1774
contributed much to the development on legal profession in India. The Regulating Act, 1773,
empowered the British Crown to establish a Supreme Court at Calcutta by issuing a Charter.
In the exercise of this power the British Crown issued a Charter in 1774 establishing the
Supreme Court of Judicature at Calcutta. The Charter of 1774 superseded the provisions of
the Charter of 1753 and resulted in the abolition of the Mayor's Court at Calcutta. In 1801 the
Supreme Court was established at Madras and in 1823 the Supreme Court was established at
14
Bombay by the British Crown by issuing Charters. Clause 11 of the Charter 1774 empowered
the Supreme Court to approve and enrol advocates and attorneys-at-law. The Supreme Court
had power to remove any advocates or attorney on reasonable cause. They were to be
Attorneys of Record. They were authorized to appear and plead and act for the suitors of the
Supreme Court. This clause made it clear that no other persons but advocates or attorneys so
admitted and enrolled could appear and plead or act in the Supreme Court for or on behalf of
such suitors or any of them. The term "Advocate" then extended only to English and Irish
Barristers and members of the Faculty of Advocates in Scotland and the term "Attorneys"
then meant only the British attorneys or solicitor. Indian Legal Practitioners were not
authorized to appear before the Supreme Court. Similar provision was made in respect of
Bombay and Madras when the Supreme Court was established there. In the Supreme Court at
Bombay and Madras also only British Barristers, advocates and attorneys were eligible for
enrolment and, thus, the Indian Legal Practitioners were not authorized to appear before the
Supreme Court at Bombay and Madras.
The Bengal Regulation VII of 1793 created for the first time a regular legal profession for the
Company's Courts. The Regulation authorized the Sadar Diwani Adalat to enrol pleaders for
the Company's Courts. Under this regulation only Hindus and Muslims could be enrolled as
pleaders. Bengal Regulation XXVJI of 1814 also made provisions in order to organize the
legal profession. Bengal Regulation XII of 1833 modified the provisions of the earlier
Regulations regarding the appointment of the pleaders. It permitted any qualified person of
whatever nationality or religion to be enrolled as a pleader of the Sadar Diwani Adalat. The
Legal Practitioners Act, 1846 made provisions that the people of any nationality or religion
would be eligible to be Pleaders and Attorneys and Barristers enrolled in any of Her
Majesty's Courts in India and would be eligible to plead in the Company's Sadar Adalats. The
Legal Practitioners Act, 1853 authorized the Barristers and attorneys of the Supreme Court to
plead in any of the Company's Courts subordinate to the Sadar Courts subject to rules in force
in the said subordinate Courts as regard language or otherwise. 
Charter Act of 1774 had permitted the English lawyers to practice in the Supreme Court of
Calcutta. In 1801, the English lawyers were allowed to practice in the Madras Supreme Court
and in the year 1823 they were allowed to practice in the Bombay Supreme Court, but Indian
Lawyers were not allowed to Practice in those courts.  In 1826, these 3 Supreme Courts were
abolished and in that place High Courts were created.
The Indian High Courts Act, 1861, occupies an important place in the development of the
judicial administration in India. It empowered 'the British Crown to establish one High Court
15
in each Presidency Town. In the exercise of this power the British Crown issued the Charters
to establish the High Courts. After the establishment of the High Courts, the Civil Courts
were organized in Bengal, Assam and North-Western Provinces by the Bengal, Agra and
Assam Civil Courts Act, 1887. Subsequently, the Courts were organized in other Provinces
also. The Criminal Courts were organized properly by the Criminal Procedure Code of 1898.
The High Courts were empowered to exercise the power of superintendence over the
Criminal and Civil Courts in Mofussil.
In 1865, the Special Rights Act has conferred the right to the Madras, Bombay and Calcutta
High Courts to frame rules for the recognition of Advocates and for preparing the Advocates
roll. The Letter Patent of 1865 made provision in respect of the enrolment of the legal
practitioners. The High Court of Judicature at Fort William in Bengal was empowered to
approve, admit and enrol such advocates and so many advocates, vakil and attorneys as to the
said High Court shall deem fit. Such advocates, vakil and attorneys could appear for the
suitors of the said High Court and to plead or to act or to plead and act for the said suitors
according to, as the said High Court might, by its rules and directions, determine and subject
to such rules and directions. The High Court’s not established by the Royal Charters were
empowered by the Legal Practitioners Act, 1879 to make rules as to the qualifications and
admission of proper persons to be advocates of the Court. Such High Courts were to make
such rules with the previous sanction of the Provincial Government. In 1866 the Chief Court
of Punjab was established at Lahore. Section 10 of the Punjab Chief Court Act, 1866 laid
down qualifications of those who were permitted to appear and act as pleaders in the Chief
Court. After some years this was repealed.
Legal Practitioners Act, 1879
In 1879, the Legal Practitioners Act was passed to consolidate and amend the law relating to
the legal practitioners. It empowered an advocate or vakil on the role of any High Court or a
pleader of the Chief Court of the Punjab, to practice in all the Courts subordinate to the Court
on the role of which he was entered. The Legal Practitioners Act, 1879, authorized the High
Court not established under a Royal Charter to make rules with the previous sanction of the
Provincial Government as to the qualification and admission of proper persons to be pleaders
and Mukhtars of the High Court. The Chartered High Courts framed rules. According to the
rules framed by such High Courts apart from attorneys, there were advocates and vakils. 
Advocates were to be the barristers of England or Ireland or Members of the Faculty of
Advocates of Scotland. The High Court’s other than the High Court of Calcutta allowed even
non-Barristers to be enrolled as Advocates under certain circumstances, e.g., in Bombay law
16
graduates of the Bombay University could be enrolled as advocates. There were six grades of
legal practice in India after the founding of the High Courts – a) Advocates, b) Attorneys
(Solicitors), c) Vakils of High Courts, d) Pleaders, e) Mukhtars, f) Revenue Agents. The
Legal Practitioners Act of 1879 in fact brought all the six grades of the profession into one
system under the jurisdiction of the High Courts. 
In 1923, an Advocates Committee was constituted under the leadership of Sir. Edward to
study the legal profession and to make suitable recommendations to improve the legal
profession. This committee has recommended for the creation of Bar Councils in each High
Court and allowing the “Vakils” to practice before the High Court.
Accepting the recommendation Indian Bar Councils Act was passed in 1926. This Act has
paved the way for the creation of Bar Councils in each High Courts. But the Bar Council was
not empowered to enrol Advocates, that power was retained with the High Courts. The
function of the Bar Council was only advisory and the rules and regulations made by the Bar
Council shall be brought into force only after the concurrence from the High Court.

Early Women in the Bar

17
In 1916, Ms. Regina Guha passed her examination of B. L. from the University of Calcutta
and applied to Calcutta High Court for her enrolment as a legal practitioner. Their Lordships
of the Calcutta High Court observed that it was perfectly true that both, according to the
etymological sense and the context of the Indian Legal Practitioners Act, the word ‘person’
made a woman eligible for enrolment as a legal practitioner. However, a full Bench decision
of the High Court, delivered on 29th August 1916, refused the enrolment of Regina Guha as a
pleader. In 1921 another lady from Orissa, Ms. Sudhansu Bala Hazra, filed a petition before
the Patna High Court. The judges again observed that there was no legal impediment to the
enrolment of Ms. Hazra as a legal practitioner, but in the view of the fact that the Calcutta
High Court, in 1916, had held that such an enrolment was limited and confined only to the
persons of the male sex, they could not make a deviation. The Patna High Court judges took
the view that the reference to a ‘person’ in section 6 of the Legal Practitioner Act of 1879 did
not include a ‘female’. At about the same time, another woman law graduate, Ms. Cornelia
Sorabji, filed an application before the Allahabad High Court, which allowed her to be
enrolled as a duly qualified legal practitioner. The position, thus, had then became
anomalous. While a woman law graduate was duly enrolled and practicing law in Allahabad
in the same manner as a man, women in Calcutta or Patna still did not have this prerogative. 
Subsequently the Legal Practitioners (Women) Act, XXIII of 1923, removed this disability of
women. This was followed by a series of women legal professionals being registered at the
High Court of Allahabad. For example, Shyam Kumari Nehru, Leena Clarke and Begum
Menakhi Amina Farrukhi were registered in 1928, 1931 and 1933, respectively. 
After Independence
After Independence in the year 1951, an Advocates Committee was constituted under the
chairmanship of Justice C.R. Das to study the problems in the legal profession and make
suitable suggestions to remedy such problems. This committee has made the following
recommendations.
1.         All India level, one Bar Council namely Bar Council of India and in each state, State
Bar Council should be created.
2.         Power to enrol
Advocates and disciplinary power against the Advocates should be entrusted with the Bar
Council.
3.         Advocates should be allowed to practice throughout India without any discrimination.
The fifth Law Commission also scrutinized these recommendations and recommended for the
implementation of these recommendations. Accepting these recommendations, the Central
18
Govt. passed the Advocates Act in the year 1961 giving suitable provision for creation of Bar
Councils and the Bar Councils are entrusted with the power of regulating the legal profession.

The Advocate Act, 1961:

The Advocate Act, 1961 was passed to redress long standing demands of the Indian Lawyers
Community. The main provisions of the Act are,
(1) The Act which extends to the whole of India provides a federal structure for legal
profession. It provides for a number of State Bar Councils and Bar Councils of India.
(2) It provides for only one category of lawyers to be known as advocates.
(3) An advocate is initially enrolled with a State Bar Council and a common roll of all the
advocates in the Country is maintained by the Bar Council of India. No advocate can get
himself enrolled with more than one State Bar Council, though he can get himself transferred
from one State Bar Council to another and is also entitled to appear before any court or
tribunal throughout the country.
(4) State Bar Councils consist of 15 to 20 members, elected by the advocates. The Advocate
General of the State concerned is the ex officio Member. Every State Bar Council has the
following committee,—
(a) Executive Committee
(b) Enrolment Committee
(c) One or more Disciplinary Committees
(d) One or more Legal Aid Committees
(e) Committees for Special Projects
The function of a State Bar Council are,
(1) To admit advocates on its roll,
(2) To entertain and determine cases of misconduct against advocates on its roll,
(3) To safeguard the rights, privileges, and interests of advocates on its roll,
(4) To conduct seminars, organize talks and publish legal periodicals,
(5) To organize legal aid for the poor,
(6) To perform any other functions conferred on it under the Act,
5.  The Bar Council of India is the National body of lawyers. It consists of,
(a) The Attorney General of India

19
(b) The Solicitor General, and
(c) One member elected by each State Bar Council from amongst its members.
The Bar Council of India has the following committees,
(a) Executive Committee
(b) Legal Education Committee
(c) Disciplinary Committee
(d) One or more Committees for the purpose of carrying out the provisions of the Act
The functions entrusted to the Bar Council of India are,
(1) Laying down standards of professional conduct and etiquette for advocates and the
procedure to be followed by its Disciplinary Committee and the Disciplinary Committees of
each State Bar Council,
(2) Promotion of law reform,
(3) Supervisions and control over State Bar Councils,
(4) Promotion of legal education,
(5) Recognition of universities whose degree will qualify a person to be enrolled as an
advocate as well as recognition of foreign qualifications for the same purpose,
(6) Conducting of seminars and talks on legal matters and publishing of legal journals,
(7) Organizing legal aid for the poor,
(8) All other functions conferred by the Act.
The Advocates Act, 1961, materializes a long dream of the members of legal profession to
have an all India Bar and professional autonomy. The Act also achieves other connected
objectives such as the improvement of legal education and uniformity of standards.

Bar Council of India Rules, 1975:

The Bar Council of India made the Bar Council of India Rules, 1975 in exercise of its rule
making powers under Section 7(1)(b) of the Advocates Act, 1961. These rules are related to
20
(i) Election of members of the Council, and different Committees, (ii) Administration of
Council and finance, (iii) Preparation and maintenance of the State Roll, (iv) Seniority in the
State Rolls, (v) Standards of professional conduct and etiquette and (vi) Disciplinary
proceedings and Review. 
Other Major Developments
Advocate (Removal of Difficulties) Orders, 1963, 1966 and 1968 were introduced in exercise
of the powers conferred by sub-section (1) of Section 59 of the Advocates Act, 1961, by the
Central Government. Advocates (Right to Take up Law Teaching) Rules, 1979 was made by
the Central Government, in exercise of the powers conferred by Section 49-A of the
Advocates Act, 1961 enabling the advocates to teach law not exceeding three hours while
practicing. The Legal Services Authorities Act, 1987  is made to constitute Legal Service
Authorities to provide free and competent legal service to the weaker sections of the society
to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities, and to organize Lok Adalats to secure that the operation of the
legal system promotes justice on the basis of equal opportunities. The National Legal
Services Authority Rules, 1995, was made in exercise of the powers conferred by Section 27
of the Legal Services Authorities Act, 1987 explaining the qualifications, functions and
powers of the Legal Services Authorities. The Supreme Court Legal Services Committee
Regulations, 1966 was made in exercise of the powers conferred by Section 29 of the Legal
Services Authorities Act, 1987 by the Central Authority relating to the Supreme Court Legal
Services Committee. Supreme Court Rules, 1966 are related to the practice in the Supreme
Court. The advocates who practise in the Supreme Court should follow them. Supreme Court
Bar Association Rules are applicable to the advocates who are the members of the Supreme
Court Bar Association. Advocates Welfare Fund Acts and Rules of different States along
with rules provide for various welfare measures to advocates. 

Indian Bar Councils Act, 1926:

In 1926 the Indian Bar Councils Act was enacted to give effect to the some of the
recommendations of the Indian Bar Committee, 1923 (stated above). The main object of the

21
Act was to provide for the constitution and incorporation of Bar Council for certain courts, to
confer powers and impose duties on such Councils and also to consolidate and amend the law
relating to the legal practitioners of such courts. The Act made provision for the
establishment of a Bar Council for every High Court. Every Bar Council was to consist of 15
members. Four of such members were to be nominated by the High Courts and ten of them
were to be elected by the Advocates of the High Court from amongst themselves. One of
them was to be the Advocate- General. Even after this Act the High Court had power of
enrolment of Advocates and the function of the Bar Council was advisory in nature. The rules
made by the Bar Council were to be effective only on the approval of the High Court.

The Calcutta High Court and Bombay High Court permitted non-Barrister Advocate to
-practise on the original sides. The distinction between barristers and advocates, thus, was
abolished. However, no advocate (whether barrister or not) was permitted to act on the
original side, but he could appear and plead only on the instruction of the attorney on record.

Section 10 of the Indian Bar Council Act, 1926 empowered the High Court to reprimand,
suspend or remove from practice any Advocate of the High Court when it found him guilty of
professional or other misconduct. Section 10 of the Bar Council Act, 1926, provided "upon
receipt of a complaint made to it by any Court or by the Bar Council or by any other person
that any such advocate has been guilty of misconduct, the High Court shall, if it does not
summarily reject the complaint, refer the case for inquiry either to the Bar Councillor after
consultation with. the Bar Council to the Court of a District Judge and may of its own motion
so refer any case in which it has otherwise reason to believe that any such Advocate has been
so guilty.

4. Legal Profession after Independence:

All India Bar Committee, 1951

22
The Indian Bar Council Ad, 1926 (stated above) failed to satisfy the Bar.
The pleaders and Mukhtars practising in the Mofussil Courts were not within its scope. The
Bar Councils were not given any significant power. They were only advisory bodies. In 1951
a committee known as the All India Bar Committee was appointed under the
Chairmanship of Justice S.R. Das. The Committee recommended the establishment of
an All India Bar Council and State Bar Councils. Subject to certain safeguards, the
Committee suggested that the powers of enrolment, suspension and removal of advocates
should be vested in the Bar Councils. It also recommended that there should be a common
role of Advocates who should be authorised to practise in all Courts in the country. The Fifth
Law Commission in its Fourteenth report submitted in 1958, recommended for establishment
of a United all India Bar. The Commission favoured the recommendation of the All India Bar
Committee, 1951, that there should be no further recruitment of non-graduates pleaders or
Mukhtars. It also recommended for the division of Bar in to senior advocates and advocates.

Advocates Act, 1961

In 1961 the existing Advocates: Act was' enacted. It has been enacted for the purpose of
amending and! consolidating the law relating to legal practitioners and also for providing the
constitution of Bar Council and an All India Bar. Section 1 of the Advocates Act, 1961
provides that this Act may be called the Advocates Act, 1961 and it extends to the whole of
India.

Section 2 of the Advocates Act 1961, defines certain terms. It provides that, unless the
context otherwise requires-

(1) advocate means an advocate entered in any role under the provisions of this' Act;

(2) 'appointed day' in relation to any provision of this Act, means the day on which the
provision comes into force;

(3) 'Bar Council' means a Bar Council constituted under this Act.

(4) 'Bar Council of India' means the Bar Council constituted under section 4 for the territories
to which this Act extends;

23
(5) 'High Court', except in sub-section (1) and sub-section (I-A) of section 34 and in sections
42 and 43 does not include a Court of the Judicial Commissioner and in relation to a Stat~
Bar Council, means-

(i) in the case of a Bar Council constituted for a State or for a State and one or more Union
Territories, the High Court for the State;

(ii) in the case of the Bar Council constituted for Delhi, the High Court of Delhi.

(6) 'law graduate' means a person who has obtained a bachelor's degree in law from any
University established by law in India.

(7) 'Legal practitioner' means an advocate or vakil of any High Court, a pleader, Mukhtars or
revenue agent.

In a case, the Supreme Court has made it clear that the expression 'legal practitioner' cannot
include a serving judge who might have been appointed as a presenting officer in the
departmental proceedings.

Conclusion

24
The present day legal profession is manifestly politically superior to any other profession,
considering the number of incumbents dealing in the political power of both the Central and
State Governments. The moral integrity it commanded during the freedom movement lead by
Mohandas Karamchand Gandhi could not, however, be maintained properly. The legal
framework is strong, but not well founded as repeal of Advocates Act, 1961 is under
consideration and as a substitute ‘The Legal Practitioners (Regulations and Maintenance of
Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law)
Act, 2010’ was introduced as a Bill in the Parliament, but is kept in cold Storage due to
strong opposition.
It may well be concluded that the future of legal profession shall be one with legal and moral
accountability both to the client and the people in general.

The Advocates Act makes provision for the establishment of the State Bar Council and Bar
Council of India. The main functions of the Bar Council of India are to lay down the
standards of professional conduct and etiquette for

advocates, to lay down the procedure to be followed by its disciplinary committee, to

safeguard the rights, privileges and interest of advocates, to promote and support law reform,
to promote legal education, to recognise Universities which degree in law shall be a
qualification for enrolment as an advocate, to conduct seminars, etc. It provides for two
classes of advocates, senior advocates and other advocates. The State Bar Council are
required to maintain role of advocates and to send copies of rolls of advocates to the Bar
Council of India. The Act contains exhaustive provisions relating to enrolment and admission
of advocates, rights of advocate, punishment for professional and other misconduct, etc.
These provisions have been discussed exhaustively in the subsequent chapters.

Bibliography

25
 1. ANITA ABRAHAM, “Formation and Management of NGO`s” Universal Law
publishing Co Pvt. Ltd, New Delhi, Second (ed) 2009.

2. AUSTIN, GRANVILL, “The Indian Constitution: Corner Stone of Nation” ,Oxford,

Clarendon press, New Delhi, 1996.

3. A.V. DICEY, “Introduction to the Study of the Law of the Constitution” Universal
Law Publishing Co. Pvt. Ltd. New Delhi ,fourth Indian Reprint 2003.

4. B.C.I. TRUST, “Legal Education in India status and problems” 1st ed ,New Delhi
1983

5. B.P. DWIVEDI , “The Changing Dimensions of Personal Liberty in India”,

D.C.Wadhwa and Company, Nagpur, 1998.

6. B.R.AGARWALA, “Our Judiciary, National Book Trust of India”, Delhi (2008)

7. C.RAMARAO, & VIJAYA LAKSHMI TAYARU, Y.NAGESWARW RAO,
“Professional Ethics & Advocacy”, Gayathri Books, Vizag,

26