ASSIGNMENT
ON
DEVELOPMENT OF LEGAL PROFESSION
IN INDIA
SUBMITTED TO SUBMITTED BY:
Mrs. DEEPTI SINGH AKARSH DAYAL
ASSISTANT PROFESSOR 6 TH SEMESTER
LLB(H)
SCHOOL OF LAW ROLL. NO.:-
16GSOL101016
GALGOTIAS UNIVERSITY
ACKNOWLEDGEMENT
I would like to express my profound gratitude and deep regards to my faculty Asst. Prof. Mrs.
Deepti Singh for his exemplary guidance, monitoring and constant encouragement throughout
the course of project.
I acknowledge with pleasure an unparallel infrastructural support that I have received from
Galgotias University, School of Law, Greater Noida
I find this opportunity and gratitude to thank the library staff of Galgotias University.
I am greatly indebted to the various writers, jurists and all other forms of writings and work
which I have taken help to complete this assignment.
At the end I would like to thank my family and all of my friends who supported me in writing
and incented me to strive towards my goal.
Date 01-03-2019
Place: Galgotias University, Greater Noida
CERTIFICATE
I hereby certify that
(a) AKARSH DAYAL, Enrollment Number 1610101001 student of LL.B Three Year(6th
Semester) at Galgotias University University Uttar Pradesh has completed the Project Report
during Semester on Development of Legal Profession in India under my supervision.
(b) The presented work embodies original research work carried out by the student as per the
guidelines given in University Regulations.
(c) The Research and writing embodied in the assignment are those of the candidate except
where due reference is made in the text.
(d) I am satisfied that the above candidate’s prima facie, is worthy of examination both in terms
of its content and its technical presentations relative to the standards recognized by the
university as appropriate for examination.
(e) I certify that in accordance with NTCC guidelines, the report does not exceed the prescribed
maximum word limit; or Prior approval has been sought to go beyond the word limit.
(f) Wherever work form other source has been used, all debts (for words, data, arguments and
ideas) have been appropriately acknowledge and referenced in accordance with the
requirements of NTCC Regulations and Guidelines.
Signature of the Faculty
Name of the Faculty:
Asst. Prof. Deepti Singh
DECLARATION
Title of Project Report: DEVELOPMENT OF LEGAL PROFESSION IN INDIA
I understand what plagiarism is and am aware of the University’s policy in this regard
GALGOTIAS UNIVERSITY CAMPUS
I declare that
(a) The work submitted by me in partial fulfillment of the requirement for the award of
degree LL.B Three Year Assessment in this Assignment is my own; it has not
previously been presented for another assessment.
(b) I declare that this Assignment is my original work. Wherever work from other source has
been used, all debts (for words, data, arguments and ideas) have been appropriately
acknowledged and referenced in accordance with the requirements of NTCC regulations
and Guidelines.
(c) I have not used work previously produced by another student or any other person to
submit it as my own.
(d) I have not permitted, and will not permit, anybody to copy my work with the purpose
of passing it off as his or her own work.
(e) The work conforms to the guidelines for layout, content and style as set out in
the Regulations and Guidelines.
Date : 01.03.2019 Name of the Student
AKARSH DAYAL
EnrollmentNo.: 1610101001
Programme:LL.BThreeYear(6th Sem)
TABLE OF CONTENT
S.NO. CONTENT PAGE NO.
1. INTRODUCTION 5-6
2. CH.1. MEANING OF LEGAL PROFESSION. 7-8
3. CH.2 DEVELOPMENT OF LEGAL PROFESSION IN 9-12
ANCIENT, MEDIEVAL AND BRITISH INDIA.
4. CH.3 DEVELOPMENT OF LEGAL PROFESSION IN 13-15
INDIA AFTER INDEPENDENCE.
5. CONCLUSION 16
6. BIBLIOGRAPHY 17
INTRODUCTION
In society, people occupy different occupations for their livelihood or for their satisfaction. The
occupations may be broadly divided as productive occupation and service occupations. The
occupations which require advanced education and special training are called professions. Law,
teaching, architecture, medicine, etc are related to professions. They are intended to serve
mankind.
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. He has to accept a brief for any man who comes before the courts and do what one can
do honorably on behalf of his client. He has to collect legal material relating to the case of his
client had argue in the courts to help the judges to deliver judgments. The central function that
the legal profession must perform is nothing less than the administration of Justice.
An Advocate also serves the public by giving legal advice by explaining the complicated and
confusing provisions of different Acts and Rules to citizens who seek his service.
An advocate assists the parties in drafting the economic transactions like contracts, agreements,
deeds, wills etc. An Advocate also provides professional services regarding taxation and trade
performance. An Advocate should provide free Legal Aid to the poor and deserving people on
compassionate grounds. An Advocate has to protect the fundamental and Human Rights in
addition to propagating them among citizens. An Advocate is the foreigner of the society. He has
to fight for law reforms and social change and at the same time extend his services to maintain
law and order.
Legal profession is an important limb of the machinery for administration of justice. Without a
well organised profession of law, the courts would not be in a position to administer justice
effectively as evidence of favour of against the parties to a suit cannot be properly marshalled,
facts cannot be properly uttered and the best legal arguments in support or against the case of the
parties cannot be put forth before the court.
CHAPTER I
MEANING OF LEGAL PROFESSION
Legal profession is an important limb of the machinery for administration of justice. Without a
well-organized profession of law, the courts would not be in a position to administer justice
effectively as evidence of favor of against the parties to a suit cannot be properly marshalled,
facts cannot be properly uttered and the best legal arguments in support or against the case of the
parties cannot be put forth before the court.
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. He has to accept a brief for any man who comes before the courts and do what one can do
honorably on behalf of his client. He has to collect legal material relating to the case of his client
had argue in the courts to help the judges to deliver judgments. The central function that the legal
profession must perform is nothing less than the administration of Justice.
An advocate also serves the public by giving legal advice by explaining the complicated and
confusing provisions of different Acts and Rules to citizens who seek his service.
An advocate assists the parties in drafting the economic transactions like contracts, agreements,
deeds, wills etc.
An advocate also provides professional services regarding taxation and trade performance.
An advocate should provide free Legal Aid to the poor and deserving people on compassionate
grounds.
An advocate has to protect the fundamental and Human Rights in addition to propagating them
among citizens.
An advocate is the foreigner of the society. He has to fight for law reforms and social change and
at the same time extend his services to maintain law and order.
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.
India has a recorded legitimate history beginning from the Vedic ages and some kind of common
law framework might have been set up amid the Bronze Age and the Indus Valley civilization.
Notwithstanding this, the advancement of "law" as a calling is just a late wonder. The Indian
legitimate calling is one of the biggest on the planet and assumes a fundamental part on the
planet's biggest vote-based system. While the bases of this calling lie before Independence, from
that point forward the calling has developed enormously and as of now faces different
difficulties; the most imperative being to give access over the calling, guarantee moral
establishments and modernize the practice no matter how you look at it.
CHAPTER II
DEVELOPMENT OF LEGAL PROFESSION IN ANCIENT,
MEDIEVAL AND BRITISH INDIA
DEVELOPMENT OF LEGAL PROFESION 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 was
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 some time, 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.
DEVELOPMENT OF LEGAL PROFESION IN MEDIEVAL INDIA
During the Muslim period, there was no Institution of the legal profession. But both the parties of
the litigation appoint 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.
DEVELOPMENT OF LEGAL PROFESION 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 were 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 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 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 leader 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 company’s 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 organization 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.
CHAPTER III
DEVELOPMENT OF 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.
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.
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.
Bar Council of India Rules, 1975
The Bar Council of India made the Bar Council of India Rules, 1975 in exercise of its rule
making powers under Section 7(1)(b) of the Advocates Act, 1961. These rules are related to (i)
Election of members of the Council, and different Committees, (ii) Administration of Council
and finance, (iii) Preparation and maintenance of the State Roll, (iv) Seniority in the State Rolls,
(v) Standards of professional conduct and etiquette and (vi) Disciplinary proceedings and
Review.
Other Major Developments
Advocate (Removal of Difficulties) Orders, 1963, 1966 and 1968 were introduced in exercise of
the powers conferred by sub-section (1) of Section 59 of the Advocates Act, 1961, by the Central
Government. Advocates (Right to Take up Law Teaching) Rules, 1979 was made by the Central
Government, in exercise of the powers conferred by Section 49-A of the Advocates Act, 1961
enabling the advocates to teach law not exceeding three hours while practicing. The Legal
Services Authorities Act, 1987 is made to constitute Legal Service Authorities to provide free
and competent legal service to the weaker sections of the society to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other disabilities, and to
organize Lok Adalats to secure that the operation of the legal system promotes justice on the
basis of equal opportunities. The National Legal Services Authority Rules, 1995, was made in
exercise of the powers conferred by Section 27 of the Legal Services Authorities Act, 1987
explaining the qualifications, functions and powers of the Legal Services Authorities. The
Supreme Court Legal Services Committee Regulations, 1966 was made in exercise of the powers
conferred by Section 29 of the Legal Services Authorities Act, 1987 by the Central Authority
relating to the Supreme Court Legal Services Committee. Supreme Court Rules, 1966 are related
to the practice in the Supreme Court. The advocates who practise in the Supreme Court should
follow them. Supreme Court Bar Association Rules are applicable to the advocates who are the
members of the Supreme Court Bar Association. Advocates Welfare Fund Acts and Rules of
different States along with rules provide for various welfare measures to advocates.
CONCLUSION
The present-day legal profession is manifestly politically superior to any other profession,
considering the number of incumbents dealing in the political power of both the Central and
State Governments. The moral integrity it commanded during the freedom movement lead by
Mohandas Karamchand Gandhi could not, however, be maintained properly. The legal
framework is strong, but not well founded as repeal of Advocates Act, 1961 is under
consideration and as a substitute ‘The Legal Practitioners (Regulations and Maintenance of
Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act,
2010’ was introduced as a Bill in the Parliament, but is kept in cold Storage due to strong
opposition.
he advocates Act, 1961 has marked the beginning of a new era in the history of legal profession
by vesting largely in the Bar councils the power and the jurisdiction which the courts till then
exercised. It has fulfilled the aspirations of those who had been demanding an all India Bar and
effecting a unification of the bar in India by the creation of a single class of practitioners with
power to practice in all the courts. They are now bound by the rules made under code of conduct
laid down by their own of bodies to which members could resort to for the protection of their
rights, interests and privileges. Thus, the legal profession can play a vital role in upholding
individual rights and efficiently spreading justice while acting as an integrating force in national
life. It is now part of the modern legal system which provides both the personnel and techniques
for effective rational utility. The responsibility of this profession to the Indian society is indeed
great, as has been its history.
However all that glitters is not gold. The responsibility that the Indian Bar bears to the society
and the challenge that it faces today bear a testimony that the Indian Bar has not risen to the level
to discharge its duties.
We may not be able to say with any tolerable measure of consensus what ‘justice’ signifies; but
there may be a fair measure of consensus on the idea of ‘conditions’ of justice, one of which is
the construction of public discourse on the nature and limits, legitimacy and legality, of state
power. The denial of such discourse often signifies an end to the very quest for justice. Creation
and sustenance of such conditions has been articulated in the code of ethics providing standards
for identification and measurement of professional grievance. The lawyers as a profession live ad
thrive on ambiguity inherent in, or imparted to words and the professional deviance of lawyers is
multifaceted.
The highest obligation is to provide free legal aid to the "indigent and the oppressed". This
obligation is subject to limits of the advocate’s economic condition. But we know that even
superstar lawyers whose economic conditions is unconscionably affluent even refuse summarily
to see an indigent person with urgent need for legal assistance. Most senior lawyers stay away
from legal aid programs of the state. Unless the leaders of the bar do some introspection and put
the profession back on the rails all we will be left with is an occupation and not a profession.
It may well be concluded that the future of legal profession shall be one with legal and moral
accountability both to the client and the people in general.
BIBLIOGRAPHY
NET SOURCES:
1. https://www.lawctopus.com/academike/history-legal-profession-india/.
2. http://lawsofland.blogspot.com/2017/09/development-of-legal-profession-in-india.html.
3. https://www.srdlawnotes.com/2016/07/development-of-legal-profession-in-india.html.
4. https://www.uniassignment.com/essay-samples/law/history-and-development-of-
legal-profession-law-general-essay.php.
