Development of Legal Profession in India

The legal profession has played a pivotal role in the administration of justice throughout history. From ancient times to the modern era, the development of the legal profession has been marked by significant milestones that have shaped its structure, functions and contributions to society. 

What is the Legal Profession? 

The legal profession is one of society’s oldest and most esteemed professions. Those engaged in the legal profession are commonly known as advocates or lawyers. As officers of justice and friends of the court, advocates play a crucial role in the administration of justice. They are responsible for representing individuals seeking legal assistance and providing zealous advocacy on their behalf.

The duties of an advocate are multifaceted and encompass various aspects of legal practice. When representing a client, an advocate must diligently collect and analyse legal material relevant to the case. This involves conducting thorough research, studying statutes, precedents and legal doctrines and examining the facts and evidence related to the matter. Armed with a comprehensive understanding of the case, the advocate proceeds to argue and present the client’s position before the courts, aiding the judges in arriving at just and fair judgments.

Historical Development of Legal Profession in India

Legal Profession in Ancient India

In ancient India, the concept of a specialised legal profession had not yet taken shape. Instead, justice was dispensed by tribal leaders or kings who wise courtiers and religious heads advised. These sages, known for their wisdom, resolved disputes and delivered judgments based on Hindu religious tenets and customs. There were no lawyers as we understand them today, but rather respected individuals who acted as mediators and counsellors.

Legal Profession in Medieval India

The medieval period saw the emergence of the legal profession as parties in litigation appointed vakils (representatives) to present their cases in court. However, these vakils functioned more as agents for the parties rather than lawyers in the modern sense. They were paid a percentage of the amount in the suit as their fees. The legal profession at this time lacked organisation and a structured framework.

Legal Profession in British India

During the British colonial period in India, the legal system underwent several significant developments that laid the groundwork for the organised legal profession we recognise today. This article explores the key charters, acts and regulations that shaped the evolution of the legal profession during British India.

Charter of 1726 and Charter of 1753

The British Crown issued the Charter of 1726, establishing Mayor’s Courts in the major towns of Bombay, Calcutta and Madras. These courts functioned as royal courts and followed the English legal procedures for civil suits. However, no provisions for legal training led to untrained individuals practising law before these courts.

In 1753, another charter modified the provisions of the Charter of 1726. Unfortunately, neither charter addressed the need for legal training or education for legal practitioners, resulting in an unorganised legal profession.

Charter of 1774 and the Bengal Regulation Act of 1793

1773 the Regulating Act empowered the British Crown to establish a Supreme Court at Calcutta. Subsequently, the Charter of 1774 established the Supreme Court of Judicature in Calcutta. This court had the power to approve and enrol advocates and attorneys-in-law, who were authorised to appear and act before the court. However, Indian legal practitioners were not allowed to practice in the Supreme Court at that time.

The Bengal Regulation Act of 1793 allowed qualified Hindu and Muslim individuals to enrol as leaders in the Sardar Diwani Adalat, the highest civil court under the British administration. This marked a significant step toward involving Indian legal professionals in the legal system.

Legal Practitioners Act of 1846 and 1853

The Legal Practitioners Act of 1846 expanded the scope of legal practice by permitting people of any nationality or religion to act as pleaders. It also allowed attorneys and barristers enrolled in any of Her Majesty’s courts in India to plead in the Sardar Adalat. This Act paved the way for more diverse legal representation in the courts.

The Legal Practitioners Act of 1853 further empowered barristers and attorneys from the Supreme Court to plead in any of the company’s subordinate courts, subject to the rules in force in those subordinate courts.

Indian High Court Act of 1861

The Indian High Court Act of 1861 authorised the government to establish High Courts in Presidency towns. These High Courts became pivotal institutions in the Indian legal system, providing a more organised and structured platform for legal proceedings.

Legal Practitioners Act of 1879

The Legal Practitioners Act of 1879 brought about crucial changes in the definition and scope of legal practitioners. It included the terms “Advocate,” “Vakil,” “Attorney,” “Pleader,” “Mukhtar,” and “Revenue Agent.” Vakils were individuals who held law degrees from Indian Universities, while pleaders and mukhtars were Indian lawyers. This Act aimed to regulate the profession and improve the qualifications and conduct of legal practitioners.

Indian Bar Committee of 1923 and Indian Bar Council Act of 1926

The Indian Bar Committee, chaired by Sir Edward Chaminer in 1923, explored the organisation of the bar on an All-India basis. However, the committee did not favour an All India Bar Council, suggesting that separate bar councils be constituted for each High Court.

As a result, the Indian Bar Council Act of 1926 was enacted, establishing Bar Councils for each High Court. The distinction between barristers and advocates was abolished, allowing non-barrister advocates to practice in High Courts. While the Act was a significant step towards organising the legal profession, the High Court still retained the power of enrollment of advocates and had control over the functions of the Bar Council.

Legal Profession in India After Independence

After gaining independence, India embarked on a journey to reform and modernise various sectors, including the legal profession. The legal profession in India saw a significant transformation with the enactment of the Advocates Act of 1961. This landmark legislation aimed to bring about utility and dignity in the legal profession on an All-India basis. Let’s delve into the key provisions and impact of the Advocates Act of 1961.

Formation of All India Bar Committee and Recommendations

In 1951, the All India Bar Committee, under the chairmanship of Justice S.R. Das, was formed to review the legal profession’s state and propose reforms. The committee submitted a report recommending the establishment of All India Bar Councils and State Bar Councils. These bodies would have the power of enrollment, suspension or removal of advocates, thus ensuring uniform standards and discipline in the legal profession.

The committee proposed maintaining a common roll of advocates authorised to practice in all courts across the country. It also advocated against further recruitment of non-graduated pleaders or mukhtars, aiming to elevate the qualifications and professionalism of legal practitioners.

Enactment of the Advocates Act, 1961

Taking into account the recommendations of the All India Bar Committee, the central government enacted the Advocates Act in 1961. This legislation aimed to amend and consolidate laws relating to legal practitioners, bringing revolutionary changes to the legal profession in India.

Impact and Amendments

The Advocates Act of 1961 brought about a profound impact on the legal profession in India. It established a cohesive and organised system of legal practitioners, emphasising professional ethics and discipline. The Act provided a platform for advocates to practice in any court across the country, promoting legal mobility and accessibility to justice.

Since its enactment, the Advocates Act has been amended several times to address changing times and practical challenges. These amendments aimed to ensure the Act’s relevance and efficacy in a rapidly evolving legal landscape.

Conclusion

The development of the legal profession in India has been a journey marked by significant progress and transformative reforms. The legal profession in India has evolved over centuries, from ancient times with wise individuals serving as mediators, to the British colonial period, which saw the establishment of courts and regulations. After independence, the Advocates Act of 1961 brought significant reforms, establishing autonomous bar councils and a common roll of advocates. This Act revolutionised the profession, emphasising ethical conduct and enabling advocates to practice across the country, contributing to the effective administration of justice.justice and society.