History and Development of Legal Profession in India

The legal profession in India has a rich and diverse history that spans centuries, reflecting the
evolution of legal systems and the socio-political landscape of the subcontinent. The
development of the legal profession in India can be traced back to ancient times, with roots in
indigenous legal traditions, and has undergone significant changes under various foreign rulers,
leading to the establishment of a complex and diverse legal landscape in the country.

Ancient Legal Systems:

1. Dharmashastra and Manusmriti:
In ancient India, legal principles were largely derived from religious and ethical codes. The
Dharmashastra, a genre of ancient Indian literature, provided guidelines for righteous living,
including legal principles. Manusmriti, also known as the Laws of Manu, was a significant legal
text that laid down the rules for social conduct and justice. These texts were instrumental in
shaping early legal thought in India.

2. Local and Indigenous Legal Systems:

In addition to the formalized legal codes, various regions in ancient India had their own
customary laws and practices. Panchayats, local self-governing bodies, played a crucial role in
resolving disputes at the community level. These indigenous legal systems contributed to the
diversity of legal practices across the subcontinent.

Medieval Period:
1. Islamic Influence:
With the advent of Islamic rule in parts of India, a new legal framework emerged. The Sharia,
Islamic law, influenced legal practices, particularly in regions ruled by Muslim dynasties. The
Qazis, Islamic judges, played a key role in administering justice according to Islamic principles.
2. Mughal Period:
The Mughal Empire further influenced the legal landscape in India. The Mughal emperors, such
as Akbar, introduced administrative reforms and a centralized legal system. The famous Akbar's
Navaratnas included legal scholars like Abul Fazl, who contributed to the codification of laws
and the development of a more organized legal system.

Colonial Period:

1. British East India Company:

The advent of the British East India Company marked a significant turning point in the history of
the Indian legal profession. The establishment of the Calcutta Supreme Court in 1774 under the
Regulating Act marked the formal introduction of English law in India. The British sought to
consolidate and standardize legal practices across their territories.
2. Lord Warren Hastings and Legal Reforms:
During the tenure of Warren Hastings as the Governor-General of India, several legal reforms
were initiated. The Cornwallis Code of 1793 aimed at organizing the judicial system, introducing
district courts, and implementing the principle of separation of powers.
3. Formation of Indian Legal Profession:
As British influence grew, the need for legal professionals who were familiar with English law
became evident. The legal profession in India started taking shape with the emergence of lawyers
who were trained in English law. The establishment of law colleges and the legal profession
became a respected and prestigious career choice.

1. 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 presiding 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.
2.
3. Charter of 1753:It was issued to modify the charter of 1726. 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.
4.
5. Charter of 1774: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.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.'Advocate' means British and Irish Barristers.'Attorney' means the British Attorney or
Solicitor.
6.
7. The Bengal Regulation Act of 1793:This act for the first time provided for a regular
legal profession for the company's court. Under the regulation, only Hindu AND Muslims were
entitled to be enrolled as pleaders.
8.
9. 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.
10.
11. 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. 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.

12. Indian Bar Committee 1923:It was constituted under the Chairmanship of Sir Edward
Charminar. 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.
13. 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.

Post-Independence Era:
1. Constitutional Developments:
With India gaining independence in 1947, the legal landscape witnessed significant changes. The
drafting of the Constitution of India was a monumental task, and legal luminaries like Dr. B.R.
Ambedkar played a crucial role. The Constitution became the supreme law of the land, providing
the framework for governance and the protection of fundamental rights.
2. Formation of the Bar Council of India:
The Bar Council of India, established in 1961, became the regulatory body for legal education
and the legal profession in the country. It was tasked with setting standards for legal education,
recognizing law degrees, and regulating the professional conduct of lawyers.

• 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:The central government enacted the Advocates Act in 1961. This
act has been in force in entire India. It brought revolutionary changes in the legal profession in
India. It sets out to achieve the utility and dignity of the profession of law on an All-India basis.
The preamble of the act says that the act amends as well as consolidates the law relating to legal
practitioners.

3. Landmark Legal Cases:

Post-independence India saw several landmark legal cases that shaped the interpretation and
application of laws. Cases like Kesavananda Bharati v. State of Kerala (1973) played a crucial
role in defining the basic structure doctrine of the Indian Constitution.

4. Legal Education and Law Schools:

The establishment of National Law Schools in various states marked a new era in legal
education. These institutions aimed to produce high-quality legal professionals and contribute to
legal research and jurisprudence.

Contemporary Legal Profession:

1. Globalization and Legal Practice:
The legal profession in India has evolved in response to globalization. Indian lawyers are
increasingly involved in international transactions, arbitration, and cross-border legal issues. The
integration of global legal practices has influenced the training and expertise required by legal
professionals.
2. Technological Advancements:
The legal profession has embraced technological advancements, with the use of legal research
databases, e-filing systems, and virtual court proceedings. Technology has streamlined legal
processes and expanded access to legal information.
3. Social Justice and Public Interest Litigation (PIL):
Public Interest Litigation has been a significant development in recent decades. It allows
individuals or groups to approach the judiciary directly to seek justice for social issues.
Landmark PIL cases have addressed concerns related to the environment, human rights, and
marginalized communities.
4. Challenges and Reforms:
The legal profession in India faces various challenges, including backlog of cases, inadequate
infrastructure, and issues related to the judicial appointment process. Efforts are being made to
address these challenges through legal reforms, such as the National Judicial Appointments
Commission (NJAC) and initiatives to enhance judicial efficiency.

Conclusion:
The history and development of the legal profession in India reflect a complex interplay of
indigenous legal traditions, foreign influences, and the evolving socio-political context. From
ancient legal systems rooted in religious and ethical codes to the formalization of English law
during the colonial period, and the post-independence era marked by constitutional
developments, the legal profession has continuously adapted to changing circumstances.
The contemporary legal profession in India is characterized by globalization, technological
advancements, and a commitment to social justice. While facing challenges, the profession has
shown resilience and adaptability. The role of legal education, regulatory bodies like the Bar
Council of India, and landmark legal cases have been pivotal in shaping the trajectory of the
legal profession.
As India continues to navigate the complexities of a diverse and dynamic society, the legal
profession will play a crucial role in upholding justice, protecting rights, and contributing to the
evolving legal landscape. The history of the legal profession in India serves as a testament to its
rich heritage and the ongoing pursuit of a just and equitable society.