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Friday, 22 September 2017

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 

  • Advocates Act, 1961

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