Legal profession in India may be classified under following periods-

Legal profession before British Period -

• Ancient Period

• Mughals Period

Legal profession during British Period -

⚫Legal profession under Mayor's Court and Supreme Court of Judicature

⚫ Legal profession under Company's Court

• Legal profession under Indian High Courts Act, 1861 • Legal profession under Legal Practioners Act, 1879

⚫ Indian Bar Committee, 1923

Indian Bar Councils Act, 1926

Legal profession after Independence -

⚫ Legal profession under All India Bar Committee, 1951

Legal Profession under The Advocates Act, 1961

Ancient Period:
Dharma was the base, King was the judge.
In the writings of Narada, Katyana and Manu we can find the Justice.
Nyaya Shastra (Law) was part of education.
Hindu jurists used to taught only to Kshatriya and Brahmins.
During those days-Parties were directly presenting the case, other people who dealt with "Nyaya’'
was the local leaders deputed by Kings.
There were no separate legal personalities who dealt with Nyaya like vakils, pleasers, baristers etc.
King's Court, King had Legal advisors, lawyers don't charge remunerations for their service.
It was not an organized forum of lawyers, as we find today.
Mughals Period:
Moguls concurred India
There is a mention of a body of persons called vakeels.
They introduced Vakeel' Concept to India (Parician Word. Wakil-Urdu/Vakil-
Arebic/Vakil-Turkish)
Introduced the legal system by establishing courts in two level ie. Zilla Court, and Sardar
Adalath.- These courts served on payment basis
Vakils represented their clients in the courts of Qazis, Mufties and Molvies.
Later they adopted Government advocate to serve poor people.

Muslim law was the basis of decision in those courts.

Vakils were not true representatives of their clients.
Vakils were not paid regular fees rather they were paid a fixed amount of the valuation of the
suit as remuneration.
Legal profession during British Period -

First British Court in Bombay in 1672 by Governor Aungier

Legal profession under Mayor's Court and Supreme Court of Judicature -The Charter of 1726.

● The legal profession as it exists today was created and developed during the British Period.
● in early days of the British Period the legal profession was not paid due attention and it was not well organized.
● Actually the East India Company was not interested in organising the legal profession. There was no uniform judicial system
in the settlements of the East India Company.
● In 1726 by a Charter known as Charter of 1726 in each Presidency Town a Mayor's Court was established and, thus, by the
Charter a uniform judicial system was introduced in all the three Presidency towns - Calcutta, Bombay and Madras.
● Bench- Mayor and nine alderman.
● Basis of decision - Justice and equity.
● Powers and authority - from British Crown.
● Followed the procedure of Common Law Courts of England.
● The Charter of 1726, thus, introduced Royal Courts in India but did not make provisions for the regulations of the legal
practitioners. There was no provision for the legal training. The legal profession was not organised.

The Charter of 1753 -

● The legal profession was not organized. Many persons having no knowledge of law were practicing.
● The judicial administration including the legal profession was not of a high order. In 1753 a new Charter known as the
Charter of 1753 was issued to modify and reformd version of the Charter of 1726 but even this Charter did not contain
significant provisions for legal training and legal educatjon of legal practitioner and thus even after this Charter the legal
profession was not organised.
● The character of 1753 was not successful due to the conflicts and clashes between Mayor's court and the Governor and the
council created much confusion in the presidency towns.
Charter Act, 1774:

(Modified to Supreme Court)-Calcutta, (Madras- 1801, Bombay-1823)

The Passage of Regulating Act, 1773 and The Charter of 1774 - Landmark

• Provisions for the establishment of Supreme Court of Judicature at Fort Williams in Calcutta Section 13,

Regulating Act, 1773

In 1801, Supreme Court of Judicature at Madras. In 1823, Supreme Court of Judicature at Bombay.

In this way uniformity was established in all three presidency towns in the matter of maintaining Court of
Justice.

• Basis of decision - Justice and right.

English Common Law and Rules of English equity.

Persons entitled to plead -

1. Advocates who meant English and Irish Barristers, and members of the Faculty of Advocates in Scotland,
and
2. Attorneys which meant the British attorneys or solicitors.
Charter of 1774 was a Judicial Charter.

Charter of 1774 and the Bengal Regulation Act of 1793

Subsequently, the Charter of 1774 established the Supreme Court of Judicature in Calcutta. This court had the
power to approve and enrol advocates and attorneys-in-law, who were authorised to appear and act before the
court

Clause 11, Charter of 1774 - "No other person whatsoever"

The Indian Legal Practioners had no place for advocacy in the Supreme Court at initial stages.
Legal profession under Company's Court -

⚫ After the Battles of Plassey in 1757 and of Buxar in 1764, the East India Company had acquired Diwani rights
of whole provinces of Bengal, Bihar and Orissa.

For administration of -

1. Civil Justice - "Moffusil Diwani Adalats, 1772" in each district of Bengal, Bihar and Orissa with "Sadar Diwani
Adalat" at Calcutta as a Superior Court of Appeal.

2. Criminal Justice - "Fouzadari Adalat" with a Superior Criminal Court of Appeal "Sadar Nizamat Adalat" was
established at Calcutta.

Language of these courts were "Persian" and Basis of decision was "Muslim Law".
BENGAL REGULATION Act VII OF 1793:

A regulation for abolishing the court of Mal Adalt (or) Revenue courts.And transfering the trial of suits which were
cognizable in those Courts to the court of Diwani Adalat.

Legal profession was regulated and organized.

A Qualifications for advocate Certificate - Sanad

B. Proved Misbehavior - Removed from the list of vakils from Sadar Adalat.

C. Moderate Fees - Paid to court not directly to advocates (pleaders).

D. Hindu and Muslim both were allowed to plead.

The Bengal Regulations 1793 and 1833:

The Bengal Regulations VII of 1993, for the first time, regulated the legal profession for the company Court.
The credit goes to Lord Cornwallis.
Under the registration Sadar Diwani Adalat was empowered to enroll and appoint pleaders for all company's courts.
Only Hindus and Muslims would be enrolled as pleaders.
The Bengal Regulation XII of 1883 modified the provisions of the earlier regulations with regard to selection, appointment
and remuneration of pleaders.
It permitted any qualified person irrespective of nationality or religion to be enrolled as a pleader of the Sader Diwani
Adalat.
The legal Practitioners Act 1846:
The legal Practitioners Act 1846 made certain important innovations with regard to practice in courts.

The Legal Practitioners Act, 1853 permitted the barristers and attorneys of the Supreme Court to
plead in any of the Company's Courts.

However it did not permit the Indian legal practitioners to appear before the Supreme Courts.

In 1861, legislation was passed to establish High Courts at Calcutta, Madras and Bombay.
Clause 9 of the Letters of Patent of the High Court of Calcutta empowered the Court to approve,
admit and enroll advocates, vakils and attorneys.

In 1879, the Legal Practitioners Act (X, VII of 1879) was enacted to consolidate and amend the
law relating to legal practitioners.

It empowered the High Court, not established under a royal charter, to make rules with the previous
sanction of the Provincial Government as to the qualification and admission of proper persons to be
pleaders and Mukhtars of the High Court.

Before 1923, certain distinctions (discriminations) existed between barristers and Vakils.
To remove the distinctions and to find out solution, the Indian Bar Committee was appointed in
1923.

To implement some of the recommendations of this Committee, Indian Bar Council Act was
passed in 1926
.
The Act was found to be successful in removing the distinctions between barristers and vakils, but
could not meet the aspirations of the Bar.

In 1951, a committee known as 'the All India Bar Committee' was appointed. It recommended the
establishment of an All India Bar Council and State Bar Councils.

In 1958, the Fifth Law Commission recommended for the establishment of a United All India Bar
and favored the recommendation of the All India Bar Committee,

1951 that there should be no further recruitment of non-graduate pleaders or Mukhtars.

The Indian Bar Committee, 1923:
● The English Barristers enjoyed certain privileges over the Vakils.
● The Vakils expressed dissatisfaction for maintaining such distinction between the Barristers and Vakils.
● Further there was a demand for the creation of an All India Bar in the country.
● Consequently the Government of India in 1923 appointed the Indian Bar Committee under the Chairmanship of Sir Edward
Chamier (a retired Chief Justice of the Patna High Court).
● The Committee was assigned with the task of enquiring into various issues, to remove the discrimination/ distinction between
barristers and vakils. The Committee submitted its report in 1924 with the following recommendations.

Recommendations: The Committee recommended

1. That in all High Courts, a single grade of practitioners entitled to plead, be established, who should be called Advocates.

2. That a Bar Council should be constituted for each High Court having power to enquire into matters calling for disciplinary action
against a lawyer. The ultimate power of taking the disciplinary action should be vested in the High Court.

3. Subject to certain conditions being fulfilled, Vakils would be allowed to plead on the original side of the three High Courts.

4. That when special conditions are mentioned for admission to plead on the original side of a High Court, the only distinction shall
be within that grade, which shall consist of advocates entitled to appear on the original side and advocates not so entitled.

● The Committee felt that it would be impracticable to have an All India Bar Council at that time.
● To implement some of the above recommendations, the Central Legislature enacted an Act known as the 'Indian Bar
Councils Act' in 1926.
The Indian Bar Council Act,1926:
To impliment some of the recommendations of the Indian Bar Committee, 1923, the Central
Legislature passed the 'Indian Bar Councils Act' in 1926.

The main object of the Act was to provide for the constitution and incorporation of Bar Councils for
certain Courts to confer powers and impose duties on such Bar Councils, and also to consolidate
and amend the law relating to the advocates of such courts.

The Act extended to the whole of British India, but applied immediately to the High Courts of
Calcutta, Madras, Bombay, Allahabad and Patna.

Constitution of Bar Councils: The Act made provision for the establishment of a Bar Council for
every High Court.
Every Bar Council was to consist of fifteen members.
One of them was to be the Advocate General, four members were to be nominated by the High
Court concerned and the remaining ten members were to be elected by the advocates of the High
Court from amongst themselves.
Under the Act, the Bar Councils were empowered to make rules subject to the approval of the
High Court concerned, to regulate legal profession.
Powers and Functions of the Bar Councils under the Bar Councils Act, 1926:
The Indian Bar Councils Act, 1926 met the aspirations of the legal practitioners by removing the distinctions that
existed between barristers and vakils.
The powers and functions of the Bar Councils may be summerised as follows:

1. To regulate the admission of persons to be advocates of the High Court without affecting the powers of the
High Court to refuse admission to any person at its discretion.

2. To maintain discipline and to regulate professional conduct among the legal practitioners.

3. To make necessary arrangements for maintaining standards in legal education and examination.

4. To enquire into cases of misconduct by a legal practitioner, referred to it by the High Court for taking
disciplinary action against him/her.

The Indian Bar Councils Act, 1926 could not meet the aspirations of the legal practitioners. The Bar Councils
were conferred limited powers and acted like advisory bodies.