Professional Ethics

Development of Legal Profession in India.

Synopsis

 Introduction
 Development of legal profession in India
1. Legal Profession in Pre-British India
a) During Ancient Period
b) During Medieval Period
2. Legal Profession during British Period
3. Legal Profession after Independence
 Conclusion
Introduction

 The legal profession is an important branch of the administration of justice

mechanism. Without a well-organized legal profession, the courts would not
be in a position to administer justice effectively, as the evidence for or
against the parties to a lawsuit cannot be adequately gathered, the facts
cannot be adequately expressed, and the best legal arguments in support
of or against the cases o the parties cannot be presented in court.
 The legal Profession, which developed out of colonial India, has seen great
variation since its independence. The hard work of the members of the bar
to achieve excellence in all areas of their practice through rigid
competition is not only evident in each of their confrontations with new
challenges due to technological and other growth, but also recognition
received by them in the world.
Development Of Legal Profession in
Pre-British India
 It is not well settled as to whether the legal profession was in
existence in the Pre-British India
 It is clear that in Pre-British India, it was not organised as today.
 The legal profession as it exists today was created and developed
during the British Period
 Development during Pre-British Era is divided into two periods:
 During Ancient Period
 During Medieval period (Muslim Period)
During Ancient Period
 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.
 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.
During Medieval Period

 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.
 Vakils 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.
Legal Profession During British India
During the British period, the model legal system was developed in India.
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 organised. Before 1726, the
courts derived their power not from the British crown but from the East India
Company.

 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.
Legal Profession During British India
 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.
 Charter of 1774
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 enrol 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 of solicitor.
Legal Profession During British India
 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.
 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.
Legal Profession During British India

 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.
 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.
Legal Profession During British India
Legal Practitioners Act 1879 -
 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 7 of the Act made provisions in respect of issue of certificates to the 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.
Legal Profession During British India
 Indian bar committee 1923 –
A committee called Indian bar committee under the chairmanship of Sir Edward Chamier
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 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 enrolment, 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.
Legal Profession after Independence
 Advocate Act 1961 -
As a result of the report of the "All India Bar Committee Act, 1961 " .the central
government enacted the Advocate Act 1961.This Act has been in Force In entire
India. It brought Revolutionary changes in the legal profession in India. It was set out
to achieve the utility and dignity of the profession of law on an all India basis. The
Preamble of The says that the Act amends as well as consolidates the law relating to
legal practitioners.
The Advocate Act,1961 contains 60 Sections set out in 7 chapters.
Chapter I - deals with primary issues such as short title, extent and
commencement and definitions
Chapter - II Section 3 to15 deals with the bar councils.
Chapter III Section 16 to 28 deals with admission and enrolment of advocates.
Chapter IV deals with the right to practice chapter
Chapter V Section 35 To 44 deals with the conduct of advocate.
Chapter VI Miscellaneous issues
Chapter VII deals with the temporary and transitional provisions.
Legal Profession after Independence

 The Advocate Act 1961 repeals the Indian Bar Council Act,1926 and all
other laws on the subject.
 The Advocate Act,1961 provides for an autonomous bar council in each
state and All India Bar Council consisting mainly of the representatives of
the state bar councils. Under the act, a state bar council is to enroll the
qualified person as advocates and a prepare a roll of advocates
practicing in the state and thereafter a comment roll of advocates for the
whole of India is to be prepared by the bar council of India.
 The Advocates whose Names are entered in the common roll would be
entitled as of right to practice in all courts in India including the Supreme
Court.
 Advocate Act 1961 amended many times to bring changes with the
changing times and to solve the practical problems.
Conclusion

 The legal profession can play a fundamental role in the defence of

individual rights and in the effective dissemination of justice, while
acting as an integrating force in national life. It is now part of the
modern legal system that provides both the personnel and the
techniques for efficient rational utility. The responsibility of this
profession towards Indian society is really great, as has been its
history.
 However, not all that glitters is gold. The responsibility that the Indian
Bar Association has to society and the challenge it faces today
testify that the Indian Bar Association has not risen to the level to
fulfill its functions