“EVOLUTION OF LEGAL PROFESSION IN INDIA ”

A PROJECT SUBMITTED TO:

ARMY INSTITUTE OF LAW, MOHALI

By:
AVANTIKA SINGH (1849)
SUBMITTED TO
DR. KULPREET KAUR
(PROFESSIONAL ETHICS)
IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD
OF DEGREE OF BA.LLB.

PUNJABI UNIVERSITY, PATIALA (PUNJAB)

JANUARY- JULY 2022.
 ACKNOWLEDGEMENTS
This project would not have been possible without the kind support and help of my teacher
Dr. Kulpreet Kaur I would like to extend my sincere gratitude to her for giving me the
opportunity to do this topic which is not only enriching and interesting but also a means to
increase my patience and hard work. I am also highly indebted to Army institute of law and
the library staff for their guidance and constant supervision as well as for providing necessary
information regarding the project and also for their support in completing the project.
 DECLARATION

It is certified that the project work presented in the report entitled “ EVOLUTION OF LEGAL PROFESSION
IN INDIA” embodies the result of original research work carried out by me. All the ideas and references
have been duly acknowledged.

Date: 20th April, 2022. Name: AVANTIKA SINGH.

Place: Mohali. Roll no. - 1849.
INTRODUCTION

“Lawyers, economists and other social scientists have found occupational and professional
regulation to be a provocative topic of study.”

In England, the admission of lawyers has been regulated since the middle of the 13th
century.  In the late 13th century, three critical regulations were adopted – a. the Statute of
Westminster I, chapter 29 (1275); b. The London Ordinance of 1280; and c. the Ordinance of
1292, de Attornatis et Apprenticiis. During the medieval period, further regulations were
enacted, called the Statute, 4 Henry IV, chapter 18 (1402) and the Ordinance, 33 Henry VI,
chapter 7 (1455).  In addition, judges have always used their inherent power to control the
admission of lawyers and check their misconduct.

The legal profession is an important limb of the machinery for the administration of justice.
Without a well-organized profession of law, the courts wouldn't be in a position to administer
justice effectively. A well-organized system of judicial administration postulates a properly
equipped and efficient bar.1

It is generally observed that the legal profession is the limb which binds the common man to
the uppermost end of the pyramid of justice i.e. the Judiciary. Without this limb, there cannot
exist a fruitful relationship between the common man and the Courts as in the upcoming
paragraphs, one can notice how the legal profession was so rudimentary in ancient India due
to lack of proper machinery. The Courts as well as the people need the lawyers to bring forth
the facts of the case and advocate for their rights respectively.

It was rightly pointed out in Law Commission, XIV Report, 556 (1958):

“A well-organized system of judicial administration postulates a properly equipped and

efficient Bar.”

Thus, development or growth of legal profession can be studied under fourmajor heads i.e.
Ancient, Medieval, British And Post-Independence era.

What is the legal Profession?

1
http://www.legalservicesindia.com/article/2192/Legal-Profession-in-India.html.
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. The central function that the legal profession must perform is nothing less than the
administration of justice. An advocate assists the parties in drafting economic transactions
like contracts, agreements, deeds, wills, etc. An advocate should provide free legal aid to the
poor and deserving people on compassionate grounds.

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.2

Development of Legal Profession in India:

Development of the legal profession In India can be divided into the following phases:

1. Legal profession in Ancient India

2. Legal Profession in Medieval India

3) Legal profession in British India Legal profession in India after Independence.

Legal Profession in Ancient India:

In India during the earlier period, people live in small groups. The head of these groups or
tribes delivered justice under the open sky before all the members. There was no specialist
like a lawyer during those days. When kingship was established, the king delivered justice.
King was advised by his councilors. The law of those days was rooted in Hindu religion and
custom.

From the stories of Maryada Ramayana and Vikramaditya, we are well aware of the wise
men who solved the critical cases of those days. During those days, the sufferer presented

2
http://www.barcouncilofindia.org/about/about-the-legal-profession/history-of-the-legal-profession/
#:~:text=The%20history%20of%20the%20legal,and%20not%20with%20the%20Court, last visited on 11-april
2022.
complaints before the king and the king with the help of his religious heads and wise courtier
delivered the judgment.

Legal Profession in Medieval India:

During the Muslim period, there was the existence of the Legal profession, as the party of the
litigation appoints their vakils. This body decides the case and they were paid a percentage of
the amount in the suit. However, in this period the legal profession was not so organized.
Vakils performed their work as an agent for the principal but not as lawyers.

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 the East India Company.

Charter of 1726:

The year 1726 marked the beginning of a new phase in the evolution of judicial institutions in
India. The mayor's courts were established in the presiding towns of Bombay, Calcutta, and
Madras, they were the royal courts. The courts heard all civil suits, action pleas between
parties, they followed the procedure based on English law. But there were no facilities to get
the legal training. Many persons who do not know 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.3

Charter of 1753:

It was issued to modify the charter of 1726. This charter also ignored significant provisions
for legal training and education relating to legal practitioners and as such, after this charter
also the legal profession was not organized.4

Charter of 1774:

The British crown issued a charter in 1774 by which the Supreme Court of judicature was
established at Calcutta. Clause 2 of the Charter empowered the said Supreme Court to
approve and enroll advocates and Attorney-at-law. The Supreme Court had powers to remove
any advocate or Attorney on reasonable cause.

3
https://lawcorner.in/development-of-legal-profession-in-india/, last visited 12-april-2022.
4
https://www.lawctopus.com/academike/history-legal-profession-india, last visited 12-april-2022.
Even the Charter of 1774 didn't provide for the appearance of the Indian Legal Practitioners
to appear and to plead before the Supreme Court.

'Advocate' means British and Irish Barristers. 'Attorney' means the British Attorney or
Solicitor.

The Bengal Regulation Act of 1793:

This act for the first time provided for a regular legal profession for the company's court.
Under the regulation, only Hindu AND Muslims were entitled to be enrolled as pleaders.

Indian High Courts Act, 1861:

Under this act, The British Crown issued the Charter to establish one High Court in each
presidency town. The civil Courts were organized in provinces also subsequently.

Legal Practitioners Act, 1879:

It was enacted to consolidate and amend the law relating to legal practitioners. It provided
that an Advocate or vakil on the roll of any high Court can practice in all the courts
subordinate to the courts on the role of which he was entered. According to this act, the High
court was empowered to make rules consistent with the act as to suspension and dismissal of
pleaders and mukhtars. Pleaders and Mukhtars were the Indian lawyers, but advocates were
to be the barristers.5

Indian Bar Committee 1923:

It was constituted under the Chairmanship of Sir Edward Charminar. It was to consider the
issue of the organization of the bar on an Indian basis. The committee didn't favor the
establishment of the All-India Bar Council. It was of the view that a bar council should be
constituted for each High Court. The committee suggested that in all High Court a single
grade of the practitioner should be established, and they should be called Advocates. Further
suggested that the Bar committee should have the power to enquire matters calling for the
disciplinary action against a lawyer and High Court should be given disciplinary power to
punish the guilty.

Indian Bar Council Act, 1926:

5
https://www.lawinsider.in/columns/what-is-the-history-of-legal-practitioners-in-india-and-how-has-legal-
practice-developed-in-india, last visited 12-april-2022.
 To give effect to some of the recommendations of the Indian Bar Committee 1923, The
Indian Bar Council Act was enacted in 1926. The main purpose of the act was to provide for
the constitution and incorporation of the Bar Council for certain courts, to confirm powers
and impose duties on such councils and also to consolidate and amend the law relating to
legal practitioners of such courts. A provision was made in the act for the establishment of
the 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 concerned High Court and 10 of them were to
be elected by the Advocates of the High Court from amongst themselves.

Legal Profession in India After Independence:

All India bar Committee, 1951:

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 Council and State
bar Council. It recommended the powers of enrollment, suspension, or the removal of
advocates to the Bar Council. Further recommended that there should be no further
recruitment of non-graduated pleaders or Mukhtars.6

Advocates Act, 1961:

The central government enacted the Advocates Act in 1961. This act has been in force in
entire India. It brought revolutionary changes in the legal profession in India. It sets out to
achieve the utility and dignity of the profession of law on an All-India basis. The preamble of
the act says that the act amends as well as consolidates the law relating to legal practitioners.7

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.

6
https://www.lawinsider.in/columns/what-is-the-history-of-legal-practitioners-in-india-and-how-has-legal-
practice-developed-in-india, last visited 12-april-2022.
7
Id.
The Mayor’s Courts, established in the three presidency towns, were Crown Courts with right
of appeal first to the Governor-in-Council and a right of second appeal to the Privy Council. 
In 1791, Judges felt the need of experience, and thus the role of an attorney to protect the
rights of his client was upheld in each of the Mayor’s Courts. This was done in spite of
opposition from Council members or the Governor.  A second principle was also established
during the period of the Mayor’s Courts. This was the right to dismiss an attorney guilty of
misconduct.  The first example of dismissal was recorded by the Mayor’s Court at Madras
which dismissed attorney Jones.

The Supreme Court of Judicature was established by a Royal Charter in 1774. The Supreme
Court was established as there was dissatisfaction with the weaknesses of the Court of the
Mayor.  Similar Supreme Courts were established in Madras in 1801 and Bombay in 1823. 
The first barristers appeared in India after the opening of the Supreme Court in Calcutta in
1774.  As barristers began to come into the Courts on work as advocates, the attorneys gave
up pleading and worked as solicitors. The two grades of legal practice gradually became
distinct and separate as they were in England.  Madras gained its first barrister in 1778 with
Mr. Benjamin Sullivan.

Thus, the establishment of the Supreme Court brought recognition, wealth and prestige to the
legal profession.  The charters of the Court stipulated that the Chief Justice and three puisne
Judges be English barristers of at least 5 years standing.

The charters empowered the Court to approve, admit and enrol advocates and attorneys to
plead and act on behalf of suitors. They also gave the Court the authority to remove lawyers
from the roll of the Court on reasonable cause and to prohibit practitioners not properly
admitted and enrolled from practising in the Court. The Court maintained the right to admit,
discipline and dismiss attorneys and barristers.  Attorneys were not admitted without
recommendation from a high official in England or a Judge in India.  Permission to practice
in Court could be refused even to a barrister.

In contrast to the Courts in the presidency towns, the legal profession in the mofussil towns
was established, guided and controlled by legislation.  In the Diwani Courts, legal practice
was neither recognized nor controlled, and practice was carried on by vakils and agents. 
Vakils had even been appearing in the Courts of the Nawabs and there were no laws
concerning their qualification, relationship to the Court, mode of procedure of ethics or
practice.  There were two kinds of agents – a. untrained relatives or servants of the parties in
Court and b. professional pleaders who had training in either Hindu or Muslim law.  Bengal
Regulation VII of 1793 was enacted as it was felt that in order to administer justice, Courts,
must have pleading of causes administered by a distinct profession Only men of character and
education, well versed in the Mohamedan or Hindu law and in the Regulations passed by the
British Government, would be admitted to plead in the Courts. They should be subjected to
rules and restrictions in order to discharge their work diligently and faithfully by upholding
the client’s trust.
Establishment of the High Courts

In 1862, the High Courts started by the Crown were established at Calcutta, Bombay and
Madras.  The High Court Bench was designed to combine Supreme Court and Sudder Court
traditions. This was done to unite the legal learning and judicial experience of the English
barristers with the intimate experience of civil servants in matters of Indian customs, usages
and laws possessed by the civil servants.  Each of the High Courts was given the power to
make rules for the qualifications of proper persons, advocates, vakils and attorneys at Bar. 
The admission of vakils to practice before the High Courts ended the monopoly that the
barristers had enjoyed in the Supreme Courts. It greatly extended the practice and prestige of
the Indian laws by giving them opportunities and privileges equal to those enjoyed for many
years by the English lawyers.  The learning of the best British traditions of Indian vakils
began in a guru-shishyatradition:

“Men like Sir V. Bashyam Ayyangar, Sir T. Muthuswamy Ayyar and Sir S. Subramania
Ayyar were quick to learn and absorb the traditions of the English Bar from their English
friends and colleagues in the Madras Bar and they in turn as the originators of a long line of
disciples in the Bar passed on those traditions to the disciples who continued to do the good
work.”
Additional High Courts were established in Allahabad (1886), Patna (1916), and Lahore
(1919).

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.  The Legal Practitioners
Act and the Letters Patent of the High Courts formed the chief legislative governance of legal
practitioners in the subordinate Courts in the country until the Advocates Act, 1961 was
enacted.
In order to be a vakil, the candidate had to study at a college or university, master the use of
English and pass a vakil’s examination.  By 1940, a vakil was required to be a graduate with
an LL.B. from a university in India in addition to three other certified requirements. The
certificate should be proof that a. he had passed in the examination b. read in the chamber of
a qualified lawyer and was of a good character.  In fact, Sir Sunder Lal, Jogendra Nath
Chaudhary, Ram Prasad and Moti Lal Nehru were all vakils who were raised to the rank of an
Advocate.

Original and appellate jurisdiction of the High Court.

The High Courts of the three presidency towns had an original side.  The original side
included major civil and criminal matters which had been earlier heard by predecessor
Supreme Courts. On the original side in the High Courts, the solicitor and barrister remained
distinct i.e. attorney and advocate. On the appellate side every lawyer practiced as his own
attorney.

However, in Madras the vakils started practice since 1866. In 1874, the barristers challenged
their right to do original side work. However, in 1916, this right was firmly established in
favour of the vakils.  Similarly, vakils in Bombay and Calcutta could be promoted as
advocates and become qualified to work on the original side.  By attending the appellate side
and original side Courts each for one year, a vakil of 10 years service in the Court was
permitted to sit for theadvocates’examination Indian Bar Councils Act, 1926.

The Indian Bar Councils Act, 1926 was passed to unify the various grades of legal practice
and to provide self-government to the Bars attached to various Courts.  The Act required that
each High Court must constitute a Bar Council made up of the Advocate General, four men
nominated by the High Court of whom two should be Judges and ten elected from among the
advocates of the Bar. The duties of the Bar Council were to decide all matters concerning
legal education, qualification for enrolment, discipline and control of the profession. It was
favourable to the advocates as it gave them authority previously held by the judiciary to
regulate the membership and discipline of their profession.

The Advocates Act, 1961 was a step to further this very initiative.  As a result of the
Advocates Act, admission, practice, ethics, privileges, regulations, discipline and
improvement of the profession as well as law reform are now significantly in the hands of the
profession itself.