What is the legal Profession?

The legal profession is one of the most ancient and esteemed occupations. An individual working
in the legal profession is often referred to as an advocate or lawyer. An advocate is a legal
professional who serves as an agent of justice and acts as a supportive ally to the court. The
primary role of the legal profession is to administer justice. An advocate aids the parties involved
in formulating economic transactions such as contracts, agreements, deeds, wills, and other
related documents. An advocate should provide pro bono legal assistance to indigent individuals
who are worthy, based on humane considerations.

The legal profession in India has seen significant development. India may be categorized into the
following stages:

The legal profession in Ancient India

The legal profession in medieval India The legal profession in British India
The legal profession in India after Independence.

Legal Profession in Ancient India:

In ancient India, people lived in tiny communities. The leader of these organizations or tribes
administered justice in an open-air setting in front of all the members. During that time, there
was no expert comparable to a lawyer. Upon the establishment of monarchy, the monarch
administered justice. The king received counsel from his advisors. The legislation of the era was
deeply influenced by the principles and practices of Hinduism.

Through the narratives of Maryada Ramayana and Vikramaditya, we have gained a thorough
understanding of the sagacious individuals who adeptly resolved the intricate and pressing
matters of that era. During that period, the afflicted individual lodged grievances with the
monarch, who, with the assistance of his religious leaders and intelligent courtiers, rendered a
verdict.

Legal Profession in Medieval India:

During the Muslim era, the Legal profession was present, where the side involved in a lawsuit
would designate their vakils. This tribunal rendered the verdict and received a portion of the
monetary award in the lawsuit. Nevertheless, throughout this era, the legal profession lacked
proper organization. Vakils acted as representatives for the principle, but they did not undertake
legal duties like attorneys.

Legal Profession in British India:

India created a model legal system under the British era. Prior to 1726, the courts obtained their
authority not from the British Crown, but from the East India Company.
1726 Charter:
In 1726, a new era in the development of judicial institutions in India began. The mayor's courts
were founded in the principal cities of Bombay, Calcutta, and Madras, and they served as the
courts of the monarch. The courts adjudicated all civil lawsuits and action pleas between parties,
according to the procedural framework derived from English law. However, there were no
resources available to get the necessary legal education. Many individuals who lack knowledge
of the law were used to practicing before the aforementioned tribunals. The Mayor's court lacks
authority over criminal proceedings. The governor was granted criminal jurisdiction.

The Charter of 1753 was published to amend the charter of 1726. This charter also disregarded
important requirements for legal training and education pertaining to legal practitioners.
Consequently, even after the implementation of this charter, the legal profession remained
unstructured.

The Charter of 1774 was a document issued by the British monarch that created the Supreme
Court of judicature in Calcutta. Clause 2 of the Charter granted the Supreme Court the authority
to authorize and register advocates and attorneys-at-law. The Supreme Court have the authority
to dismiss any advocate or Attorney based on justifiable grounds.
The Charter of 1774 did not provide provisions for Indian Legal Practitioners to attend and plead
before the Supreme Court.
The term 'advocate' refers specifically to British and Irish barristers.
The term 'Attorney' refers specifically to the British Attorney or Solicitor.

The Bengal Regulation Act of 1793 established a formal legal profession for the company's
court, marking the first instance of such provision. According to the rule, only those who
identified as Hindu or Muslim were eligible to be registered as pleaders.

The Indian High Courts Act of 1861 authorized the British Crown to grant a Charter for the
establishment of a single High Court in each presidential town. The civil courts were later
structured in provinces.

The Legal Practitioners Act of 1879 was established to unify and revise the legislation pertaining
to legal practitioners. An Advocate or vakil who is registered with a high Court may practice in
all the courts that are subordinate to the courts where they are registered. Under this legislation,
the High Court was granted the authority to establish regulations that align with the act on the
suspension and termination of pleaders and mukhtars. Pleaders and Mukhtars were legal
professionals in India, whereas advocates were specifically barristers.

The Indian Bar Committee of 1923 was established with Sir Edward Charminar serving as its
chairman. The purpose was to address the matter of structuring the bar in an Indian context. The
group opposed the creation of the All-India Bar Council. The opinion stated that a bar council
should be established for every High Court. The group proposed the establishment of a uniform
grade for practitioners in all High Courts, to be referred to as Advocates. It is recommended that
the Bar committee be granted the authority to investigate situations that need disciplinary action
against a lawyer. Additionally, the High Court should be empowered to impose disciplinary
measures on those found guilty.

The Indian Bar Council Act of 1926:

In order to implement some suggestions made by the Indian Bar Committee in 1923, the Indian
Bar Council Act was passed in 1926. The primary objective of the act was to establish and
incorporate the Bar Council for certain courts, to authorize and enforce responsibilities on these
councils, and to consolidate and revise the legislation concerning legal practitioners in these
courts. The statute included a provision for the formation of a Bar council for each high court.
Each Bar Council was required to have a membership of 15 individuals. Four members were to
be nominated by the relevant High Court, while ten members were to be chosen by the High
Court's Advocates from among their own ranks.

Legal Profession in India After Independence:

The All India Bar Committee was established in 1951, with Justice S.R. Das serving as its head.
The committee's report proposed the creation of an All India Bar Council and State Bar Council.
The Bar Council was advised to use its authority to enroll, suspend, or dismiss advocates. It is
additionally advised that there should be no further hiring of non-graduated pleaders or
Mukhtars.

The Advocates Act of 1961 was adopted by the national government. This legislation is
applicable over the whole territory of India. It caused a paradigm shift in the legal profession in
India. Its objective is to establish the usefulness and respectability of the legal profession across
India. The preamble of the act states that it both modifies and combines the legislation pertaining
to legal practitioners.