What is the history of Legal Practitioners in India and How has

Legal Practice developed in India?

Introduction

Occupation is a term derived from the word “occupy”, it’s something that occupies
our mind and a portion of our entire day. Merriam Webster Dictionary defines
Occupation as “an activity in which one engages” or “the principal business of one’s
life”.
Therefore, it can be said that an Occupation is an activity meant to keep us engaged
throughout the day and helps us earn a living. There are many kinds of Occupation
worldwide, most of them requiring a variety of Education and Skillsets. Some
common Occupations are Law, Engineering, Medical, Software, etc.
The Occupation of Law is one of the most ancient and Noblest professions of all.
A person who is engaged in the Profession of Law is called an Advocate or a Lawyer.
An Advocate is an Officer of Justice and helps the Judge to reach a fair Judgement.
He is a friend of the Court. An Advocate must help any client who comes to him
and tends to his case and tries to get a fair Judgement for his client in an honorary
way.
It is the primal duty of a Lawyer to Administer Justice in the Court. An Advocate
serves Society by providing Legal Advice whenever necessary as it is uncommon for
a layman to understand all the Rules and Acts of the Law because the Language of
Law is hard to decipher.
Lawyers help people in Economic Transactions like Contract, Agreement, Deed,
Will, etc. He also helps people to know the taxation policies and Trade.
The Lawyer must protect Fundamental and Human Rights and make the common
folks aware of them. A Lawyer is an entity that always fights against the Injustice of
Society and strives to eliminate them.
The occupation in the field of Law is a special responsibility as it determines the very
issue of justice to be served to everyone and no one’s rights to be violated, the
practitioners of Law have to take special care that these responsibilities are met
otherwise it is a failure on the part of Law.
Thus, this article deals with the history of legal profession in India.
Development of Legal Profession in India

The development of the Legal Profession in India can be surmised into:

• Legal Profession in Ancient India
During ancient times, societies existed in groups and tribes. There was one
head of the clan who had to pass decisions and orders. Justice was given under
the open sky in the presence of all members of the tribe.
Arguments were bought forth in front of everybody and decision was made,
leaders’ decision was final, there were no specialists like Lawyers to assist the
tribe.
Later when the kings took over the role of Tribal Leaders and the Power
became yet more Centralized, they continued the same ritual. The King was
the supposed shadow of God on Earth and his decisions were binding.
Although he had wise men to guide him and sometimes soldiers were asked
to gather evidence.
The primary basis of their Judgements used to be the preservation of Religion
and Customs so as everyone follows the way they have made them follow.
Capital Punishments were rampant to create the fear of deviating from the
King’s Plan.
Both parties were heard, Special Administrators were appointed for Legal
Administration, Religious Heads opinion was given a lot of importance. It
was usually a set of wise men and religious heads advising the king. This is
how Legal Adjudication worked then.

• Legal Profession in Medieval India

In the Mughal Era, there was a similar continuation of the Ancient Model of
Justice. King was the Judge and Jury advised by his trusted Counsellors to
reach for a Judgement. Most of the Judgement given somehow was timed to
coincide with the words of the Holy Quran.
King’s decision was final and binding on both Parties. The major demarcation
of Medieval Indian Justice with the ancient ones were ‘Vaqils’ were appointed
by both the Parties to argue cases on their behalf.
These Vaqils were intellectually higher-ups, mostly specialised in some
selected Subjects. They can be compared to modern Day Lawyers and used
to Argue cases for their Client.
• Legal Profession in British India
The modern Legal System was developed in India during this period. Full-
fletched proceedings happened Vaqeels argued from both sides, there was a
Jury to decide the fate of the case.
A legitimate form of Legal profession begun in India only after the Advent of
the British reign. In Britain, the Legal profession started during the 13th
Century and it had become quite proficient at handling Legal affairs by the
time it started ruling India.
Britishers did have a way with the imposition of their own cultures on their
colonies, so as they can function efficiently and hence the formal Legal culture
in India was inherited from Great Britain.
The initiation of the formal Legal profession can be traced back to the
establishment of the First Court in Bombay in 1672. This led to the beginning
of a culture of Attorneys, Barristers, Judges and Juries for imparting Justice.
The formal introduction of practitioners in India only began after the
establishment of the Mayors Court in 1726 in Madras and Calcutta.
Mr Benjamin Sullivan was the first Barrister appointed for Madras in 1778
and that led to an inflow of British Barristers in India. Mayors Courts failed
to prove efficient and after the realisation, the Supreme Court was established
to rehabilitate the System.
The First Supreme Court in India was set up in 1774 by the Regulating Act
of 1773 by the Britishers at Fort Williams in Calcutta.
Later Supreme Courts of similar stature were established in Madras (1801)
and Bombay(1823). The establishment of Supreme Courts brought the trend
of the regal nature of the Legal profession in India. It used to have a Chief
Justice and three puisne judges who must have been Barristers for a term not
less than 5 years.
The Charters signed approved admission and enrollment of Advocates to
plead in the Court on behalf of their clients. It also gave Court authority to
remove Lawyers and even Barristers on the reasonable ground and prohibit
them to practice.
The Court had the right to admit, discipline and remove Advocates. They
could not practice in a case without the recommendation of a high official
from England or a Judge in India.
 The Legal Profession in Diwani Court was not recognized and controlled.
The practise was carried on by Vakils and agents. No law was made to
establish qualification, work ethics, morals or their relationship to the Court.
It was changed by the Bengal Regulation Act of 1793 where the standards of
the legal profession were established and only the men proficient in Hindu
Law or Muslim Law were allowed to practice.
The Supreme Courts and Sudder Courts were merged into one and were
converted into High Courts. This was done with the mind of uniting the legal
learning and judicial experience of Barristers with the ethnic knowledge of
Indian Vaqeels.
This eradicated all the barriers and distinctions and made Indian Advocates
play on equal feet with the Royal Barristers. This merge led to a contemporary
conversion of the Indian Legal System, and the establishment of the Guru-
Shishya System through which the veterans in Law trained the Apprentices,
this process continues to date.
The Legal Practitioners Act made it mandatory for people aspiring to work as
Vaqeels and Lawyers to be made proficient in the field of Law. It was required of
them to get an L.L.B three-year degree from a respected and recognized University,
with three other certificates.
The degree was proof that the person is versed in the field of Law and has a good
character. These determined the Legal Foundation in India until The Advocates Act,
1961 was enacted.
The Indian Bar Council Act, 1926 further directed the foundation of taking care of
Legal Education, Rules and Regulations, Enrollment, Qualification, discipline and
control of the Advocates in India. Every Indian Advocate is required to enrol in The
Indian Bar Council to practice in the Courts of India.
In furtherance to Indian Bar Council, the Advocates Act reformed the process of
Admission, Practice, Ethics, Privileges, Regulation and discipline of the profession
overall.
Overview of The Legal Practitioners Act
The Legal Practitioners Act, 1846 The Act allowed 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.
• Section 5 of the Legal Practitioners Act connotes that any person who enters
the High Court as an Attorney can practice in any Court of India which is
Subordinate to it in its stature or any Revenue Court which is of lower stature.
• 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 enrolment.
• Section 9 empowered the Mukhtar to practice in the courts after enrolment.
• According to Section 12, the High Court can Suspend or dismiss any pleader
or Mukhtar if he was convicted of any criminal offence 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 the chief controlling revenue
authority to make rules consistent with this act as to qualification, suspension,
dismissal etc. of the revenue agent.

Importance of The Indian Bar Council Act, 1926

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 practising in Mufassil 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 had the
Power of Enrolment 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.

The 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 Council 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.
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 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 the 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 the Advocate.
• Chapter VI Miscellaneous issues.
• Chapter VII deals with the temporary and transitional provisions.
The Advocate Act 1961 repealed 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
the All India Bar Council consisting mainly of the representatives of the State Bar
Councils.
Under the Act, a State Bar Council is to enrol the qualified person as Advocates and
prepare a roll of Advocates practising in the state and thereafter a common roll of
Advocates for all 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 was amended many times to bring changes with the changing
times and to solve the practical problems.

Conclusion
It was a long-drawn process to a proper Legal System established in India. Although
the concept of Justice was an ancient model where each party had a different
definition for Justice, it is a subjective topic. There was a need to view arguments
from an unbiased point of view and demarcate a neutral decision.
Earlier that role of being the guardian of Truth and Justice which the Tribe Leaders
and Kings wore with utmost pride is now held with Judges and Jury who are well
versed in Law and qualified to pass the Judgements.
Implementing a proper Judicial Structure was necessary as India has a huge
population and that implies a huge number of arguments and grudges which needs
to be solved. Our Courts and Tribunals are doing splendid work there.
As necessary was it to establish a proper Judicial Infrastructure, so was the need of
time to increase the number of learned Lawyers and Advocates to help the Judge
reach a proper conclusion.
The reality and evidence are often tampered with, so it becomes necessary for the
need of good Lawyers who can bring the truth in light to everyone and decipher the
complex cases where almost every time both the Parties have a different meaning of
Justice.