JAMIA HAMDARD UNIVERSITY

SCHOOL OF LAW
RESEARCH PAPER OF
CLINICAL LEGAL COURSE
DEVELOPMENT OF LEGAL PROFFESION IN INDIA
SUBMITTED TO- YASIN

SUBMITTED BY – ISBA KHAN

ENROLLMENT NO – 2019-342-042

SECTION- A
LEGAL PROFESSION

The legal profession plays an important rule in the administration of justice . The lawyer assits
the court in arriving at a correct judgment . The lawyer collects materials relating to the case and
thereby helps the court or Judge to arrive at a correct judgment. Without the assistance of the
lawyer it would be a superhuman task for the judge to arrive at a satisfactory judgment. Justice
P.N Sapru that the justification for the existence of council is that each side to the controversy
should be in a position to present its case before an impartial tribunal in the best and most
effective manner possible.

During the Hindu period court derived their authority from the king who was consider the
foundation head of justice . The kings court who was considered the foundation head of justice.
The king was advised by his Councillor 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 plaintiff was required to present plaint before the court and thereafter the Court
could direct the defendant to submit his reply . Thereof the court was required to investigate the
matter and deliver its judgment .

During the Muslim period the litigants were represented by a body of persons known as vakil.
The vakils. The vakils was paid a percentage of the amount in the suit . The court of the native
administrations concerned determined who should be allowed to appear as Vakil in Zilla court.
Even during this period , the legal profession was not organized. The Vakils acted more as agents
for principals than as lawyer .

IN PRE-BRITISH INDIA

It is not well settled as to whether the legal profession was in existence in Pre- British India .
however it is clear that in Pre-British India , it was not a organised as today .Actually , the legal
profession as it exists today was created and development during the British Period .
During the Hindu Period , the courts derived their authority from the king who was considered
the foundation head of justice . The Kings Court was superior to all other courts . The king was
advised by his Counsillor in hearing and deciding the case but he was not bound by their advice .

According to R.P.Kangla there is no mention in the Kautilyas Arthasastra about the existence of
legal profession and thereof most has expressed a country opinion. According to him the legal
profession was in existence during the Hindu Period .

During the Muslim period the letigants were represented by a body of persons known as vakils .
The Vakil was paid percentage of the amount in the suit . The court of the native administrations
concerned determined who should be allowed to appear as Vakil in a Zilla Court . Even during
this period , the legal profession was not organized . The Vakils acted to more as agents for
principals than a lawyer .
DURING BRITISH PERIOD

As has been stated above , the legal profession as it exists today was created and development
during the British Period . However , it is notable that in early days of the British Period the legal
profession was not paid due attention and it was not well organized .Actually the East India
Company was not interested in organising the legal profession . There was no uniform judicial
system in the settlement of the East India Company . In 1726 by a Charter known as Chater 1726
in each presidency Town a Mayors Court was established and , thus , by the Charter a uniform
judicial system was introduced in all the three Presidency Towns- Bombay . Calcutta and
Madras. It may here , be mentioned that before 1726 the courts were the courts of East India
Company and they derived their authority not from the British Crown but from the East India
company and their decisions were not as authoritative as those of the courts in England . The
Mayors court established under the Charter of 1726 were the Royal Courts and they derived their
authority from the British Crown.

The Regulating Act , 1773and the Charter of 1774 contributed much to the development on legal
profession in India. Clause 11 of Charter 174 empowered the Supreme Court to approve and
enrol advocate and attorneys-at-law .The Supreme Court had power to remove any advocate or
attorney on reasonable cause . They were Attorney to record . They were authorized to appear
and plead and act for the suitors of the Supreme Court.
As regards the legal profession in the companys courts , it may be concluded thst it was not
organized . Before the rise of the British power in Indian the administration of justice in the
hands of the courts established by the Mughal Emperor or ruling chiefs owing allegiance to the
Moghul Emperor. The Indian High Court 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 in each Presidency Town. In the exercise of this power the British Crown issued
the Charters to establish the High Courts .

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 or a pleader 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
authorised the High Court not eastablished under Royal Charter to make rules with the previous
sanction of the provisional Government as to the qualification and admission of proper persons
to be pleaders and Mukhtarsof the High Court .

The Vakils were to be the persons who had taken the law degree from an Indian
University and fullfield certain other conditions . As regards rge non-Charted High Courts rgere
were advocates , pleaders and mukhtars. The Pleaders and Mukhtars were the Indian Lawyers
but Advocates were to be Barristers . The High Court were empowered were to be the Barristers.
The High Court were empowered to make rules as to the qualification and admission of the
proper persons to be pleaders and mukhtars of the subordinate Courts.

Section 5 of the Act made it clear that every person entered as an attrorney on the rule of any
High Court subordinate to such High Court and in all revenue offices situate within the local
limits limits of the appellate jurisdiction of such high court .
Section 6 of the act empowered the High Court to make rules consistent with this Act
as to suspension and dismissal of pleaders and mukhtars . Section 7of the act Act made provions
in respect of issue of certificate to the pleaders and mukhtars .Section 8 empowered the pleaders
to practice in Court and revenue offices after enrolment .Section 9 of the act empowered the
mukhtars to pradise in the Courts after enrolment . Section 12 of the act powered the High Court
to suspend or dismiss any pleader or mukhtar hoding a certificate issued under section 7 of the
act if he was convicted of any criminal offence implying a defect of character which unfit him to
pleader or mukhtar , as the case may be.

Section 13 of the Act empowered the High Court to suspend or dismiss , pleader or mukhtar
guilty of unprofessional conduct. According to 13 the High Court may also, after such inquiry as
it thinks fit , suspend or dismiss any pleader or mukhtar holding a certificate as aforesaid –
- Who takes instruction in any case except from the party on whose behalf he retained or
some person who is the recognized agent of such party within the meaning of the Code of
Civil Procedure or some servant , relevant or person authorized by the party to give such
instructions ; or
- Who is guilty of fraudulent or grossly improper conduct in the discharge of his
professional duty ;or
- Who tenders ,gives or consents to the retention out of any fee paid or payable to him for
his services or any gratification for processing or having processed the employment in
any legal business of himself or any other pleader or mukhtar , or
- Who directly or indirectly . procedure or attempt to procedure the employment of himself
as such pleader or mukhtar , through or by the intervention of any person to whom any
remuneration for obtaining such employment has been given by him or agreed or
promised to be so given or ;
- For any other reasonable cause .
Section 14 ; in respect of the procedure when charge of unprofessional conduct was brought in
subordinate Court or revenue office

INDIAN BAR COMMITTEE ,1923

In 1923 a Committee called the Indin Bar Committee was constituted under the Chairmanship of
Sir Edward Chamier . The committee was to consider the issue as to the organization of the bar
on all India council for the High Court . The committee was not in favor of organizing the bar on
all India basis and establishing an all India basis and establishing an all India bar council . A bar
council should be constituted for each High court . The High Court should be given disciplinary
power but before taking any decision, it should refer the case to the bar council of enquiry of
report .

INDIAN BAR COUNCIL ACT ,1926

In 1926 the Indian Bar Council Act enacted to give effect to the same of the recommendations
of the Indian bar committee , 1923 (stated above) . The main object of the act was to provide fo
the constitution of incorporation of Bar council for certain courts to confer powers and empose
duty on such councils and also to consolidate and amend the law relating to the legal
practitioners of such courts . The act made provions for the establishment of a bar council for
every High Court. Every bar council was to consists of 15 members . Four of such members
where to be nominated by the High courts and ten of them where to be elected by the advocates
of High the High Courts from amongst themselves one of them was to be advocate -general .The
Calcutta high court and Bombay high court permitted non-barrister advocate to practice on yhe
original sides . 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 .

LEGAL PROFESSION AFTER INDEPENDENCE ;

ALL INDIA BAR COMMITTEE,1951

The Indian Bar Council Act , 1926 (stated above) failed to satisfy the Bar. Pleaders and
Mukhtars practicing in the Mufussil Courts were not within its scope. The Councils were not
given any significant power . They were only advisory bodies . In 1951 a committee known as s
May be called the that this Act the all Indian Bar Council 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.
It is also recommended that there should be a common role of Advocate who should be
authorized 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 Advocate 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 this Advocate Act provided that .

Section 2 of the Advocates Act 1961 defines certain terms .

- Advocate means an advocate entered in any of this act role under the provisions of this
act ;
- Appointed day in relation to any provision of this Act , means the day on which the
provision comes into fore;
- Bar Council means a Bar Council constituted under this act . section 4 for the territories
to which the provision comes into force
- High Court , except in sub-section (1) and sub-section(1-A) of section 34 and in section
42 does not include a Court of the Judicial Commissioner and in relation to a State Bar
Council ,means

_ in the case of a Bar Council constituted for a sake or for a State and one or
- more Union Territories , the High Court for the sake
_in the case of the Bar Council constituted for Delhi , the High Court of Delhi .

- Law graduate means a person who has obtained a bachelors degree in law from any
University established by law in India .
- Legal practitioner means and advocate or vakil of any High Court a pleader , mukhtar or
revenue agent.

CASE LAWS – In the matter of Advocacy , edited by Chief Justice Dr.B. Malik ,p.325
_ Namberumal Chetty v. M.P .Narasimhachari

SUGGESTED QUESTION_

What is the importance of Legal profession in India ?

The legal profession in our country has played an important role as an advisor and an upholder
of rights. First, it helps solve disputes between entities like individuals, governments, or a
common people against the government. Second, they help common people in upholding their
basic rights.

What are Legal development ?

Legal Developments includes key policy decisions, court cases and legal memos impacting education
and civil rights.

REFRENCE
Legal Ethics by Dr. Kailash Rai