EVOLUTION OF LEGAL PROFESSION IN INDIA

All India bar having common class of advocates has materialized only after independence vide Advocates Act, 1961. There has been a long history of evolution of legal profession.

MAYOR’S COURT

Mayor’s Courts were established at three presidency towns vide Charter of 1726.  No qualification has been prescribed for practicing before these courts as such lawyers practicing before these courts were neither qualified in law nor trained.

SUPREME COURT

Supreme Court at Calcutta was established under Regulating Act, 1773. The Supreme Court was empowered to approve, admit and enroll advocates for practice before it. Only British barristers, attorney and advocates were eligible to practice before Supreme Court. Native Indians were not allowed to practice before this Court.

COMPANY’S COURTS

Bengal Regulation of 1793 created for the first time a regular legal profession for Company Courts. Fee of pleaders was fixed by this Regulation.  There was provision for execution of vakalatnama which tradition continues till today. Hindus and Muslims could only  be enrolled as pleaders. Court maintained disciplinary control over pleaders.

LEGAL PRACTITIOER ACT, 1846

Under Legal practitioner Act, 1846, any person, irrespective of his religion or nation, could become a pleader. The religious qualification was done away with. Even Barrister enrolled in Her Majesty’s Court was made eligible to practice in Sadar Adalats.

LEGAL PRACTITIONER ACT, 1853

Legal Practitioner Act, 1853 allowed barristers and advocates practicing in Supreme Court to practice at Company Courts. But pleaders practicing in Company Courts were not permitted to practice in Supreme Court.

HIGH COURTS

High Courts was established at Calcutta, Bombay and Madras in 1861. At that time three category of legal practitioners were practicing- Advocates, Vakeel and Attorneys. Admission of vakils in High Courts put an end of monopoly enjoyed by Barristers at Supreme Court.

LEGAL PRACTITIONER ACT, 1879

Legal Practitioner Act, 1844 empowered non-chartered High Courts also to frame rules as to qualification and admission of proper persons  as advocates. The Act also permitted advocates and vakils practicing before High Court to plead in subordinate courts.

LEGAL PRACTIONER (WOMEN) ACT, 1923

Even qualified women were not being admitted as advocate. Several High Courts have given judgments against admission of women as advocate. Legal Practitioner Act, 1923 specifically provided that no woman only on the ground of sex  will be disqualified from admitted and enrolled as legal practitioner.

INDIAN BAR COUNCIL ACT, 1926

On the recommendation of Chamier Committee, Indian Bar Council Act, 1926 was passed. Purpose of the Act was to unify various grades of legal practitioners and grant some measures of self-government to Bars attached to High Courts.  Under the Act Every High Court has to have a Bar Council.

ALL INDIA BAR COMMITTEE, 1951

After independence All India Bar Committee was constituted under chairmanship of S R Das. The Committee recommended for creation of unified national bar and abolition of classification of legal practitioners. The Committee recommended for common roll of advocates, who are eligible to practice in any court of India.

The Committee also recommended for All India Bar Council and State Bar Councils. The Committee recommended for power of enrollment, suspension and removal of advocate to be vested in Bar Councils.

THE ADVOCATES ACT, 1961

Parliament enacted Advocates Act in 1961. All the previous legislations were repealed. The Act established All India Bar Council for the first time. The Act also created State Bar Council in each state.  State Bar Council maintains rolls of advocates and copies of the same are sent to Bar Council of India. Bar Councils has all the powers to admit, suspend and remove an advocate. There exists now only one class of advocates and  some of them can be recognized as senior advocates based on  experience and skill.

Thus after a long evolution, the  legal profession has achieved  its  cherished goal of unified bar on all India basis.