Evolution of Indian Legal System
Legal Profession before British Period
- Ancient Period
- Mughal Period
Legal Profession during British Period
- Legal Profession in Mayor’s Court and Supreme Court of Judicature
- Legal Profession under Company’s Court
- Legal Profession under Indian High Court Act 1861
- Legal Profession under Legal Practioners Act 1879
- Indian Bar Committee 1923
- Indian Bar Council Act 1926
Legal Profession After Independence
- Legal Profession under All India Bar Committee 1951
- Legal Profession under the Advocates Act 1961
Ancient Period
Period
Writings of Narad, Katyana
and Manu
Kings Court- there used to be
legal advisers
Lawyers were present but no
formal system was prevalent
Mughal Period
Mughal legal system, the advocates under that regiment,
“vakils”, too followed suit, though they mostly
continued their earlier role as client representatives.
Vakils represented their clients in the court of Qazi's,
Muftis and Maulvis.
Muslim Law was the basis of decision of hose Courts
Vakils were not true representatives of their Clients
They were not given any fixed amount as fees rather
were given an amount of valuation of the suit as
remuneration.
Legal Profession in Mayor’s Court and
Supreme Court of Judicature
Pre East India Company
Before 1726 there was no uniformity in
Independence- the system of Courts of British
Era Seeing the need, the passed The Charter
of 1726 in each presidency town
(Calcutta, Bombay and Madras)
Before 1726 judicial administration in the East India
Settlement was not of a high order. There was no
separation between the judicial and executive powers. The
judicial system in all the settlements of the East India
Settlements was not uniform; the courts received authority
from the East India Company and not the British crown.
The courts were supposed to use English law, but they
The
were unable to do so because they were laymen and had
no knowledge of the law. Cases related to testamentary
and intestate succession did not fall in the jurisdiction of
any of the courts in the East India Settlement.
Charter of Due to the increase of trade and commerce of the East
India Company in the Indian presidency towns (Bombay,
Madras, and Calcutta) concentration of wealth began to
1726
take place which in turn increased the population of these
towns
In order to maintain law and order in these towns and to
bring about a uniform judiciary system, the Charter of
1726 was introduced by King George I on 24 September
1726.
According to the Charter of 1726 the three
presidencies of Madras, Bombay, and Calcutta had to
form a corporation.
The corporation was to consist of a Mayor and nine
Aldermen. Both the Mayor and seven Aldermen had
Establishment to be natural-born Britain subjects and the other two
Aldermen could be subjects of friendly Prince or
State.
of Corporation The First Mayor and the Aldermen would be
nominated by the Charter and thereafter the
nomination of the mayor would be done by the
Aldermen and the retiring Mayor on an annual basis
amongst the Aldermen.
According to the Charter of 1726 the mayor court was to be established
in each presidency town. The members of the Mayor Court included the
Mayor and the Aldermen of the Corporation of the Presidency Town.
The quorum was constituted by the Mayor or the Senior Aldermen
along with two other Aldermen. The Mayor Court was to be the Court of
record.
Establishment Under the Charter of 1726, the Mayor Court could hear all civil cases
arising in the Presidency Town and its subordinate factories.
of Mayor’s The Governor and Council were to appoint a Sheriff who was the officer
of the Mayor’s Court. His tenure was for a period of one year.
Court On the written complaint provided by the plaintiff, the court issues the
summons by directing the sheriff to order the defendant to appear in
court on a set date and time fixed by the court. If the defendant
doesn’t comply with the orders of the court, the court would issue a
warrant directing the sheriff to arrest the defendant and present him
before the court.
The court could grant release to the defendant on bail or security.
1. Uniform judicial system was introduced in all the
three presidency towns of Calcutta, Bombay, and
Madras.
2. Royal courts were introduced in India i.e. the
Mayor’s Court. Under this charter, the court was to
derive its authority from the Crown and not the
East India Company. Since it derived authority
from the British Crown the Englishmen and court
in England considered the decisions of the court in
Merits of 3.
India as equally authoritative.
The Charter of 1726 introduced the system of
appeal from India to the Privy Council in England.
the
Wherever the Indian law was deficient the Privy
Council used the English. Thus introducing the
English law in India.
4. The Charter attempted to separate the judiciary
Charter from the executive. The judges of the Mayor’s
Court were not appointed by the Governor and
Council. The Governor and Council could dismiss
the aldermen on reasonable grounds but the
aldermen could challenge the decision in the Privy
Council in England.
5. The Charter made provision for the establishment
of a local legislature in each presidency where laws
could be made keeping in mind the needs of the
local people.
1. The Governor and Council could dismiss the
aldermen on reasonable grounds and the aldermen
could challenge this decision in the Privy Council
but this privilege was only on paper.
2. Appeals from the Mayor’s Court were to be heard
by the Governor and Council and the decision of
Demerits 3.
the Governor and Council was final for cases less
than 1000 Pagodas.
The Governor and five senior council members
were justices over peace who power over the
of the 4.
criminal jurisdiction.
The justice system was in the hands of laymen and
professionals as the people judging the cases had
Charter
no understanding of the law.
5. In cases where both the plaintiff and the
defendants were natives, the Mayor’s Court had no
jurisdiction.
6. Indians did not have adequate representation in
the Mayor’s Court since out of the nine Aldermen
only two Aldermen were natives.
When British won the Battle of Plassey in 1757
and Buxar in 1764, the East India Company
acquired Diwani rights of whole province of
Bengal, Bihar and Orissa.
For proper Administration:
Civil Justice: Mofussil diwani Adalat's, 1772 were
Development to be established in each district and a superior
court would be established in Calcutta Sadar
of Courts Diwani Adalat
Criminal Justice- Fouzadari Adalat in each district
and a superior court of appeal Sadar Nizamat
Adalat at Calcutta
Persian Language was used in these Courts and
the basis of decision was Muslim Law
• Provision for establishing the Supreme
Court of Judicature in all the three
presidency towns
Regulating - First Supreme Court was established in
Act 1773 Calcutta in 1773
- 1801 in Madras
- In 1823 Supreme Court of Bombay was
set up.
• In this way the British assured
uniformity in all the three presidency
towns to maintain justice
• The decisions were based on Justice
English Common Law would prevail
• Persons to be entitled to Plead were
- English or Irish Barristers
- Members of Faculty of Advocates in
Regulating Scotland
- Attorneys which meant the British
Act 1773 Attorneys or Solicitors
Charter of 1774 was a Judicial Charter. Sec II
of the charter mentioned “No Person
Whatsoever” which meant that no one
except those mentioned above would be
allowed to practice.
No Indian Practitioner was allowed in the
Supreme Court in the initial stages
Regulation VII of 1793
Qualifications for Advocate- Certificate- Sanad
Proved Mis behavior- Removed from the list of Vakils form
Sadar Adalat
Moderate fees to be given by people to the court and not
directly to advocates
Hindu and Muslim both were allowed to plead.
Legal Profession During British
Period
Supreme Courts
Indian High Courts Unification of and Sadar Diwani
Act, 1861 Important Courts Adalat’s were
merged
3 High Courts were Basis of Decision-
Local Laws were
established in the Principal of equity
used!
Presidency states and justice
Legal Sec 4: Vakils and advocates could
Profession practice in all the subordinate courts.
Vakils were barristers of law whereas
under Legal Pleaders and Mukhtars were Indian
Practioners Lawyers
Act 1879 Sec 5: Attorneys were entitled to
practice in all subordinate Courts
Sec 6: Suspension or Dismissal of
Pleaders or Mukhtars
Sec 7: Admission of any person as
Pleader or Mukhtar- issue certificate
Legal Sec 8: After registration, Pleader could
Profession practice in Courts and Revenue
Offices, within local limits of
under Legal concerned High Courts
Practioners
Sec 9: Mukhtars with certificate could
Act 1879 apply in any civil or criminal court
Sec 11: High Court could make rules
regarding functions, powers and
duties of Mukhtars
Sec 12: Suspend any Mukhtar if he
was convicted for an offence
Legal Sec 13: Suspension of Mukhtar or
Profession Pleader for any Unprofessional
Conduct
under Legal
Practioners Sec 14: Procedure for charge of
Unprofessional conduct
Act 1879
Sec 15: Acquittal of pleaders and
mukhtars
Sec 16: Infringement of fines not
more than 500 Rupees
It had become necessary that an All-
India Bar Council should be set up. The
States said that not only one, but every
state shall have its own Bar Council.
Indian Bar
Committee did not favour to set up a
Committee Bar Council only on the National Level.
1923
Committee Recommended for 1 Bar
Council for each High Court
Enacted for unification and
autonomy of the Bar
Indian Eliminated the concepts of Vakil
Bar and Mukhtars/Pleaders.
Councils The introduced the concept of
advocates
Act 1926 This Act provides for constituting
One Bar Council for Each State
All India Bar Committee- Under
Justice SR Das
It made recommendations in 1953
along with Law Commission:
Legal • Establishment of AIBC and a common roll
of Advocates having the right to practice in
Profession Post any Court including Supreme Court
• Integration of Bar Councils into single class
Independence of Legal Practioners- advocates
• Uniform qualification for Advocates
• Decision of advocates into senior and
other advocates based on merit
• Creation of autonomous Bar Council. One
for the Center and other Councils in every
state.
Enacted to amend laws
concerning the Legal
Practioners in the country
Advocates Act
1961 The Act includes
qualifications, enrolment,
right to practice and
discipline of the advocates
