Development of Legal Profession in India
- Before Independence
- Modern legal system established in India
- Before 1726, Courts derived their power from the East India Company
- Charter of 1661 in force
- Charter of 1726
- Mayor’s Courts established in towns of Bombay, Calcutta and Madras
- No facility for legal training and regulation
- No jurisdiction to try criminal cases
- Criminal jurisdiction conferred on the Governor
- Charter of 1753
- Also ignored significant provisions for legal training and education
- Legal profession was still unorganised
- Charter of 1774
- The Regulating Act, 1773 empowered the British Crown to establish a Supreme Court at Calcutta
- Calcutta, 1774, at Madras, 1801, At Bombay in 1823
- Clause II empowered the Calcutta Court to approve and enrol Advocates and Attorneys-in-law
- Indian Legal Practitioners not allowed to enter Supreme Court
- Advocates meant British and Irish Barristers and Scotland advocates
- The Bengal Regulation Act of 1793
- Permitted qualified Hindu and Muslim persons to be enrolled as pleaders
- The Bengal Regulation Act, 1833
- Permitted all qualified persons of any nationality or religion to be enrolled as Pleaders of Sadr Diwani Adalat
- The Legal Practitioners Act, 1846
- Allowed Attorneys and Barristers enrolled in any of Her Majesty’s Courts in India to plead in Diwani Adalat
- The Legal Practitioners Act, 1853
- Authorised the Barristers and Attorneys of the SC to plead in Company’s Courts subordinate to Sadr Courts
- Indian High Courts Act, 1861
- Empowered the Government to establish High Courts in Presidency Towns
- Then Civil Courts were established
- Criminal Courts established as per Criminal Procedure code of 1898
- The Letter Patent of 1865 of High Court of Calcutta
- Enrolment of Legal Practitioners
- Cal. HC empowered to approve, admit and enrol advocates, vakils and attorneys
- Legal Practitioners Act, 1879
- ‘legal practitioner’ means advocate, vakil or attorney of a High Court and
- Pleader, Mukhtar or revenue agent, who were non-graduates and Matriculates
- S. 5: Right to Practice
- S. 6: Rules regarding suspension and dismissal of pleaders and Mukhtars
- S. 7: Power to issue certificates to Pleaders and Mukhtars
- S. 8: Right to practice in revenue offices (Pleaders)
- S. 9: Right of Mukhtars to practice
- S. 12: HC can suspend if guilty of criminal offence
- S. 13: HC can suspend if guilty of unprofessional conduct
- Indian Bar Committee, 1923
- This committee was constituted under Sir Edward Chamier to consider the issue of organisation of the Bar on all India basis
- Committee did not favour the establishment of All India Bar Council
- But proposed a Bar Council for each High Court
- Indian Bar Council Act, 1926
- Provided a bar council for each HC
- Bombay HC and Calcutta HC allowed non-Barristers to practice.
- Distinction between Barristers and Advocates was abolished
- Function of Bar Council was advisory and rules were to be effective only on the approval of the HC
- S. 10: Empowers the HC to reprimand, suspend or remove an advocate for professional or other misconduct
- The Legal Practitioners Fees Act, 1926 was passed
- •Legal Profession in Independent India
- All India Bar Committee, 1951
- Committee constituted under the chairmanship of Justice Sudhi Ranjan Das and recommended
- Establishment of AIBC and SBC
- Powers of enrolment, suspension or removal of advocates
- Common roll of advocates be maintained and be authorised to practice all over India
- No recruitment of non-graduated pleaders or mukhtars
- Similar recommendations made by 14th report of Fifth Law Commission of India
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