Legal Profession in India1
Legal Profession in India1
Legal Profession in India1
BA LLB II Sem
Legal Profession in India
The Legal Profession has always been an important limb for administration of justice. Without,
profession of law, the courts would not be in a position to administer and provide justice efficiently
as the evidence in support or against the parties to a suit cannot be legitimately marshalled, facts
cannot be properly articulated and the appropriate legal arguments in favour or against the case of
the parties cannot be put forth before the court. “A well-organized system of judicial administration
proposes a properly equipped and proficient Bar.”
What is the legal Profession?
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. The central function that the legal profession must perform is nothing less than the
administration of justice. An advocate assists the parties in drafting economic transactions like
contracts, agreements, deeds, wills, etc. An advocate should provide free legal aid to the poor and
deserving people on compassionate grounds.
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.
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.
2. 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.
3. 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.
Legal Profession in India After Independence:
i. 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.
ii. 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.
To be an Advocate you must be enrolled in a State Bar Council. The Advocates Act, 1961
talks about enrollment of an Advocate in a State Bar Council under Section 29. It
recognizes Advocates as the only class entitled to practice law in India