Sociology

BA LLB II Sem
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.”
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. 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 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.

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
4. 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.
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.
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.
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 enroll 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.
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-shishya tradition. 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.
Various Acts:
1. 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.
2. 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.
3. Indian Bar Council Act, 1926:

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:
i. 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.
ii. 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.
To be an Advocate you must be enrolled in a State Bar Council. The Advocates Act, 1961
talks about enrollment of an Advocate in a State Bar Council under Section 29. It
recognizes Advocates as the only class entitled to practice law in India