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