1 Introduction and History

PROFESSIONAL ETHICS
Introduction
• Development of legal profession in India
 Importance of Legal Profession
 Administration of Justice
 Maintenance of Peace and Order
 Law Reform
 Legal Ethics
• Legal Profession in Pre-British India

 Ancient India- King’s Court
 Mughal Period- Vakil
Legal Profession during British Period
• Charter of 1726:
 The year 1726 marked the beginning of a new phase in the
evolution of judicial institutions in India.
 The mayor's courts were established in the presidency
towns of Bombay, Calcutta, and Madras, they were the
royal courts.
 The courts heard all civil suits, action pleas between
parties, they followed the procedure based on English law.
 But there were no facilities to get the legal training. Many
persons who do not know 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.
 This charter also ignored significant provisions for legal training
and education relating to legal practitioners and as such, after
this charter also the legal profession was not organized.
 The British crown issued a Charter in 1774 by which the
Supreme Court of judicature was established at Calcutta.
 Clause 2 of the Charter empowered the said Supreme Court to
approve and enroll advocates and Attorney-at-law. The
Supreme Court had powers to remove any advocate or
Attorney on reasonable cause.
 But even the Charter of 1774 didn't provide for the appearance
of the Indian Legal Practitioners to appear and to plead before
the Supreme Court.
• The Bengal Regulation Act, 1793
 This act for the first time provided for a regular legal
profession for the company's court.
 Under the regulation, only Hindu & Muslims were
entitled to be enrolled as pleaders.

• Indian High Courts Act, 1861
 Under this act, the British Crown issued the Charter
to establish one High Court in each presidency
town.
 The civil Courts were organized in provinces also
subsequently.
• Legal Practitioners Act, 1879
 It was enacted to consolidate and amend the law
relating to legal practitioners.
 It provided that an Advocate or Vakil on the roll of
any High Court can practice in all the courts
subordinate to the courts on the role of which he
was entered. (S. 13)
 According to this act, the High court was
empowered to make rules consistent with the Act
as to suspension and dismissal of pleaders and
mukhtars.
 Pleaders and Mukhtars were the Indian lawyers, but
advocates were to be the barristers.
• Indian Bar Committee, 1923
 It was constituted under the Chairmanship of Sir Edward
Chamier.
 It was to consider the issue of the organization of the bar on
an Indian basis. The committee didn't favor the
establishment of the All-India Bar Council.
 It was of the view that a bar council should be constituted
for each High Court.
 The committee suggested that in all High Court a single
grade of the practitioner should be established, and they
should be called Advocates.
 Further suggested that the Bar committee should have the
power to enquire matters calling for the disciplinary action
against a lawyer and High Court should be given disciplinary
power to punish the guilty.
• Indian Bar Council Act, 1926
 To give effect to some of the recommendations of the Indian
Bar Committee 1923, the Indian Bar Council Act was enacted in
1926.
 The main purpose of the act was to provide for the constitution
and incorporation of the Bar Council for certain courts, to
confirm powers and impose duties on such councils and also to
consolidate and amend the law relating to legal practitioners of
such courts.
 A provision was made in the act for the establishment of the
Bar council for every high court.
 Every Bar Council was to consist of 15 members. Four of such
members were to be nominated by the concerned High Court
and 10 of them were to be elected by the Advocates of the High
Court from amongst themselves.
 1 member was Advocate General.
Legal Profession after Independence
• All India Bar Committee, 1951
 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
Council.
 It recommended the powers of enrollment, suspension,
or the removal of advocates to the Bar Council.
 Further recommended that there should be no further
recruitment of non-graduated pleaders or Mukhtars.
• Advocates Act, 1961

1 Introduction and History

Uploaded by

Copyright:

Available Formats

1 Introduction and History

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

1 Introduction and History

Uploaded by

Copyright:

Available Formats

PROFESSIONAL ETHICS

• Legal Profession in Pre-British India

• Advocates Act, 1961

You might also like