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    Assignment 1 History of Legal Profession in India and Its Journey by Ankit Gupta (160bllcbl012)

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    ankit gupta
    The legal profession in India has evolved significantly over time. In ancient India, kings and councils advised by intellectuals delivered justice, as there were no specialized lawyers. During medieval times under Muslim rule, parties appointed agents called vakils to argue cases. Under British rule, courts were established based on the English legal system. Several acts between 1726-1879 organized the legal profession, eventually allowing practitioners of any religion while establishing provincial bar councils under each high court. However, an all-India bar council was not implemented based on a 1923 committee's recommendations.

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    Assignment 1 History of Legal Profession in India and Its Journey by Ankit Gupta (160bllcbl012)

    Uploaded by

    ankit gupta
    119 views4 pages
    The legal profession in India has evolved significantly over time. In ancient India, kings and councils advised by intellectuals delivered justice, as there were no specialized lawyers. During medieval times under Muslim rule, parties appointed agents called vakils to argue cases. Under British rule, courts were established based on the English legal system. Several acts between 1726-1879 organized the legal profession, eventually allowing practitioners of any religion while establishing provincial bar councils under each high court. However, an all-India bar council was not implemented based on a 1923 committee's recommendations.

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    The legal profession in India has evolved significantly over time. In ancient India, kings and councils advised by intellectuals delivered justice, as there were no specialized lawyers. During medieval times under Muslim rule, parties appointed agents called vakils to argue cases. Under British rule, courts were established based on the English legal system. Several acts between 1726-1879 organized the legal profession, eventually allowing practitioners of any religion while establishing provincial bar councils under each high court. However, an all-India bar council was not implemented based on a 1923 committee's recommendations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    119 views4 pages

    Assignment 1 History of Legal Profession in India and Its Journey by Ankit Gupta (160bllcbl012)

    Uploaded by

    ankit gupta
    The legal profession in India has evolved significantly over time. In ancient India, kings and councils advised by intellectuals delivered justice, as there were no specialized lawyers. During medieval times under Muslim rule, parties appointed agents called vakils to argue cases. Under British rule, courts were established based on the English legal system. Several acts between 1726-1879 organized the legal profession, eventually allowing practitioners of any religion while establishing provincial bar councils under each high court. However, an all-India bar council was not implemented based on a 1923 committee's recommendations.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 4

    Assignment 1

    History of legal profession in India and its journey

    By Ankit Gupta (160bllcbl012)

    Introduction

    Legal history or the history of law is the study of how law has evolved and why it changed.
    Legal history is closely connected to the development of civilizations and is set in the wider
    context of social history. Among certain jurists and historians of legal process it has been seen as
    the recording of the evolution of laws and the technical explanation of how these laws have
    evolved with the view of better understanding the origins of various legal concepts, some
    consider it a branch of intellectual history. Twentieth-century historians have viewed legal
    history in a more contextualized manner more in line with the thinking of social historians.They
    have looked at legal institutions as complex systems of rules, players and symbols and have seen
    these elements interact with society to change, adapt, resist or promote certain aspects of civil
    society. Such legal historians have tended to analyze case histories from the parameters of social
    science inquiry, using statistical methods, analyzing class distinctions among litigants,
    petitioners and other players in various legal processes. By analyzing case outcomes, transaction
    costs, number of settled cases they have begun an analysis of legal institutions, practices,
    procedures and briefs that give us a more complex picture of law and society than the study of
    jurisprudence, case law and civil codes can achieve. India has a recorded legal history starting
    from the Vedic ages and some sort of civil law system may have been in place during the Bronze
    Age and the Indus Valley civilization. Notwithstanding this, the development of ‘law’ as a
    profession is only a recent phenomenon. The Indian legal profession is one of the largest in the
    world and plays a vital role in the world’s largest democracy. While the roots of this profession
    lie before Independence, since then the profession has evolved immensely and currently faces
    various challenges; the most important being to provide access across the profession, ensure
    ethical foundations and modernize the practice across the board. A well-organized and
    independent legal profession is an essential condition for proper administration of justice. It is
    also a necessary ingredient and guarantor of the rule of law. Its proper organization and
    maintenance of its independence are, therefore, necessary for a good and just society. This
    project, traces the history of our efforts in that direction. It will be too ambitious to trace that
    history from the time of ancient or even Muslim rulers because firstly, we have very little
    information about that and secondly, our present legal profession, like most of the other legal
    institutions, is based on the British model. Therefore, we trace the history of the Legal Profession
    in India form the advent of British rule.The authors of the instant research hope that this piece of
    work provides the readers with a decent understanding of the history of the Legal Profession in
    India. The instant work shall give a brief highlight to the development of the Legal Profession in
    the world before addressing India.The earliest people who could be described as “lawyers” were
    probably the orators of ancient Athens.
    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 arguments were made. There
    were 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 councilors. 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 sometime 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 appoints 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 -
    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 where 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 177


    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 enroll 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
    enroll as pleaders and the Bengal Regulation XII of 1833 allowed all the qualified persons of any
    nationality or religion to enroll 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 companies 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.

    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 enrollment.

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


    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 favor the establishment of All India Bar Council. It was of the view that bar
    council should be constituted for each High Court.

    ● 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 Mufusil 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
    enrollment 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.

    ● 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 enrollment,
    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

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