1.

Development of Legal Profession in India till 1724

The development of the legal profession in India up to 1724 can be understood in three
broad phases: Ancient India, Medieval India (Delhi Sultanate & Mughals), and Early
British Rule before the Mayor’s Courts (1600–1724). During this long period, the
legal profession as we understand it today—training, licensing, bar councils,
professional ethics—did not exist. Justice was dispensed by kings, priests, qazis, or
Company officials, with assistance from informal representatives like vakils and
agents.

1. Legal Profession in Ancient India

In ancient India, law was grounded in Dharma and justice was considered a sacred duty,
not a profession.

Key Features

 No organised legal profession. There were no trained or licensed advocates.

 Justice by King & Assemblies:

o Vedic assemblies like Sabha and Samiti decided disputes.

o Kings acted as the fountain of justice, assisted by Brahmins and learned

persons.

 Dharmashastra Period:

o Texts like Manusmriti, Yajnavalkya Smriti, Narada and Katyayana laid down
rules of procedure, evidence, and judicial ethics.

o They mention Vakils, Vaktas, Mukhya, Sahayakas—representatives who

helped litigants.

o These were not professionals but respected, literate persons.

 Kautilya’s Arthashastra:

o Describes a structured court system with judges and state officers.

o Litigants could appoint agents, but there was still no professional advocacy.

 Sangam Tamil Age:

o Local assemblies like Manram, Ambalam, Sabhas administered justice.

o Elders or guild leaders represented parties informally.

✅ Overall: Representation existed, but advocacy was moral and honorary—not

organized, trained, or professionalized.
2. Legal Profession in Medieval India

This includes the Delhi Sultanate (1206–1526) and Mughal Empire (1526–1707).

A. Delhi Sultanate

 Qazis administered justice based on Islamic law for Muslims; Hindus followed their
personal laws through village bodies.

 Judicial hierarchy existed (Qazi-ul-Quzat, Qazi of provinces).

 No professional lawyers—litigants were represented by relatives, clerks, or

knowledgeable persons.

 Muhtasib, Sadr, Kotwal assisted courts.

✅ Representation was present but informal; no regulated bar.

B. Mughal Period

 More developed judicial system: courts at imperial, provincial, and district levels.

 Qazi-ul-Quzat, Qazi-i-Subah, Mufti, and Kotwal were judicial officers.

 Vakils existed as pleaders/agents and prepared documents.

 Still not a formal legal profession—no training, licensing, or organized bar.

✅ The Mughal period gave clearer recognition to Vakils, but the profession remained
unregulated.

3. Legal Profession in Early British Period (1600–1724)

With the arrival of the East India Company, India slowly transitioned towards a formal
legal system.

Early Phase (1600–1672):

 The EIC was a trading body; administration of justice was incidental.

 Governor and Council acted as judges without legal training.

 Justice was arbitrary, based on equity and Company needs.

 Dual system of law:

o English law for Europeans

o Hindu/Muslim laws for Indians (through Pandits/Maulvis as advisers)

Vakils and Mukhtars

 Indian intermediaries (clerks, translators, agents) acted as Vakils and Mukhtars.

 They helped draft petitions and represent parties but were:

o Untrained

o Unlicensed

o Without professional status

Presidency Towns

Madras (1639–1724):

 Choultry Court, Governor’s Court.

 No professional advocates; representation handled by clerks and agents.

Bombay (from 1668):

 First English-style Court of Judicature in 1672.

 Still no formal lawyers.

Calcutta:

 Choultry Court (1700), Court of Request (1707).

 Vakils appeared but lacked formal training.

Significance of 1724

 In 1724, Haldane Cowell, a trained English lawyer, was appointed Chief Justice at
Madras—the first step towards professional judicial administration.

✅ This set the stage for the Charter of 1726, which later established Mayor’s Courts and
introduced licensed attorneys—marking the true beginning of the modern legal
profession.

4. Key Features of Legal Profession till 1724

1. No formal legal training or law schools.

2. No professional or licensed advocates.

3. Representation by vakils, agents, clerks, not by qualified lawyers.

4. Judges were kings, qazis, priests, or Company officials—not trained professionals.

5. Law was religious/customary (Ancient & Medieval India) or
commercial/administrative (EIC period).

6. Justice systems were unregulated and arbitrary before 1724.

7. 1724 marks the transition point towards institutional justice, paving the way for the
regulated legal profession after 1726.

✅ Conclusion

Up to 1724, India did not have a formal, institutionalized legal profession.

 In ancient India, justice was tied to Dharma and handled by kings and scholars.

 In medieval India, qazis and royal officers dominated courts, with vakils playing
minor, informal roles.

 Under the East India Company, justice was administered by untrained Company
officials, aided by native agents.

The appointment of an English Chief Justice in 1724 initiated the shift from informal
representation to a structured legal system, which was fully established by the
Charter of 1726—the true beginning of the modern legal profession in India.

2. PROVISIONS FOR ENROLMENT OF ADVOCATES UNDER THE LEGAL PRACTITIONERS

ACTS

1. Legal Practitioners Act, 1846

The Legal Practitioners Act of 1846 was the first major step toward regulating the Indian
legal profession. It removed racial and religious restrictions and allowed qualified
Indians to be enrolled as pleaders or vakils in all Company Courts. Courts were
empowered to frame rules regarding qualifications, training, and conduct of
practitioners. This Act marked the shift from racial exclusion to a merit-based system
and opened the doors of the profession to Indians.

2. Move Toward Uniform Regulation (1850–1860)

By the mid-19th century, different courts followed different rules for enrolment of
advocates, vakils, and attorneys. The Charter Act of 1833 and Charter of 1834
enabled the Governor-General to introduce uniform regulations. The 1846 Act laid
the foundation for a unified system, which later culminated in the High Courts Act,
1861, and eventually a consolidated law — the Legal Practitioners Act of 1879.
 3. Legal Practitioners Act, 1879

The Legal Practitioners Act, 1879 consolidated and amended the law relating to legal
practitioners in India. It brought all six grades of practitioners—Advocates, Attorneys
(Solicitors), Vakils, Pleaders, Mukhtars, and Revenue Agents—under the jurisdiction
of the High Courts. The Act empowered High Courts to prescribe qualifications,
admission procedures, and disciplinary rules for pleaders and mukhtars. It also
allowed an Advocate or Vakil enrolled in any High Court to practice in that High
Court, its subordinate courts, and—with permission—in other High Courts. The Act
thus standardized enrolment procedures and streamlined the profession.

4. Important Provisions of the 1879 Act

 Section 24: Gave High Courts the authority to frame rules for admission and
discipline of pleaders for subordinate courts and revenue offices.

 Section 36: Allowed pleaders with valid certificates to apply for enrolment in any
court within the High Court’s jurisdiction.

 Section 38: Exempted advocates enrolled under the Bar Council Act from certain
requirements.

 Section 41: Empowered High Courts to enrol advocates and permitted them to
practice in the High Court, its subordinate courts, and other courts with permission.

5. Significance

The 1879 Act unified the previously fragmented legal profession by placing all categories
of practitioners under a single regulatory framework. It eliminated the earlier
distinction between English barristers and Indian vakils, standardized qualifications,
and introduced centralized disciplinary control. This Act laid the foundation for the
modern, organized legal profession that later evolved into the system governed by
the Advocates Act, 1961.

[Link] BAR COUNCILS ACT, 1926 (Very Short Notes)

Introduction
The Indian Bar Councils Act, 1926 was the first central law to regulate the legal
profession. It created Bar Councils for each High Court to enrol and discipline
Advocates.

Background

Before 1926, different High Courts had different rules and there was no single body to
control Advocates. The Chamier Committee (1923) recommended creating statutory
Bar Councils, leading to this Act.

Objectives

To establish Bar Councils, regulate enrolment of Advocates, maintain discipline, and

bring uniformity and dignity to the legal profession.

Constitution of Bar Council

Each Bar Council included:

 Advocate-General (Chairman)

 4 members nominated by High Court

 10 elected Advocates (10 years’ practice)

Powers and Functions

Bar Councils made rules for enrolment, discipline, and professional conduct, maintained
the Roll of Advocates, and promoted legal education.

Enrolment of Advocates

Eligible persons (21 years + law degree + training) were enrolled on the Advocate Roll.
Once enrolled, they could practice in the High Court and all subordinate courts.

Rights of Advocates

Advocates had exclusive right to practice in their High Court, subordinate courts, and,
with permission, other High Courts.
Disciplinary Powers

A Disciplinary Committee could reprimand, suspend, or remove an Advocate for

misconduct. Appeals lay to the High Court.

Role of High Court

High Courts supervised Bar Councils and approved their rules. They had final authority in
disciplinary appeals.

Importance

It introduced organized regulation, created representative Bar Councils, and laid the
foundation for modern legal profession.

Drawbacks

Separate Bar Councils for each High Court and continued divisions (Advocates, Pleaders,
Vakils) meant no unified profession.

Repeal

The Act was repealed by the Advocates Act, 1961, which created a single class—
Advocate—and formed the Bar Council of India.

4. ALL INDIA BAR COMMITTEE, 1951 (S.R. DAS COMMITTEE) — SHORT NOTES

Introduction

The All India Bar Committee (1951), headed by Justice S.R. Das, was appointed to reform
and unify the Indian legal profession. Its recommendations led directly to the
Advocates Act, 1961 and the creation of a single, modern legal profession in India.

Background

After the Constitution (1950), the legal profession was still fragmented—advocates,
pleaders, mukhtars, revenue agents—all governed by different rules. The Indian Bar
Councils Act (1926) failed to unify the system. Lawyers’ conferences demanded an
All-India Bar. This led to the formation of the Committee in 1951.
Constitution of the Committee

The Committee was chaired by Justice S.R. Das (Supreme Court). Members included
leading lawyers like M.C. Setalvad, Dr. Tek Chand, Advocate-Generals, MPs, and
senior advocates. They were asked to examine all issues relating to the structure and
regulation of legal practitioners.

Terms of Reference

The Committee examined:

 Need for a unified All-India Bar

 Whether multiple classes of practitioners should be abolished

 Whether counsel–attorney dual system should continue

 Need for State Bar Councils and an All-India Bar Council

 Reform of laws relating to legal practitioners and legal education

Key Recommendations

1. Unification of the Profession

 Abolish all separate classes (advocates, vakils, pleaders, mukhtars).

 Create one single category: Advocate.

 Create a Common Roll, allowing every advocate to appear in any court in India.

2. Regulatory Structure

 Establish State Bar Councils and an All-India Bar Council.

 Bar Councils should control enrolment, discipline, and professional conduct.

 Reduce High Court control; ensure self-regulation by the profession.

3. Legal Education Reform

 Standardize law degrees and raise educational standards.

 Minimum qualification: a law degree after graduation.

 Introduce training/apprenticeship.

 Phase out non-graduate pleaders and mukhtars.

Impact

These recommendations laid the foundation for the Advocates Act, 1961, which created
the Bar Council of India, State Bar Councils, a unified roll of advocates, and a single
right to practice across India.

Significance

The Committee ended fragmentation, ensured autonomy and self-regulation of the legal
profession, improved legal education, and transformed India’s colonial legal
practitioner system into a modern, unified, professional Bar.

5. ADVOCATES ACT, 1961 — SHORT NOTES WITH HEADINGS

Introduction

The Advocates Act, 1961 was enacted to unify, regulate, and modernize the legal
profession in India. It replaced colonial-era laws and created a single class of legal
practitioners called “Advocates.” The Act came into force on 19 May 1961 and forms
the legal basis for the regulation of lawyers in India today.

Objectives of the Act

 To create one unified class of practitioners (Advocates).

 To establish State Bar Councils and the Bar Council of India (BCI).

 To provide a uniform system for enrolment, discipline, and professional ethics.

 To regulate legal education and promote legal aid.

 To ensure professional autonomy and self-regulation.

Two-Tier Regulatory Structure

1. State Bar Councils (SBCs)

 Maintain the State Roll of Advocates.

 Enrol new advocates (Section 24).

 Handle disciplinary proceedings (Section 35).

 Protect rights and interests of advocates.

 Conduct legal aid and welfare activities.

2. Bar Council of India (BCI)

 Apex body consisting of AGI, SGI, and elected members.

 Frames standards of professional conduct and etiquette.

 Supervises SBCs and hears appeals from their disciplinary orders (Section 37).

 Regulates legal education and recognizes law universities.

Enrolment of Advocates

 Eligibility: Indian citizenship, law degree from a recognized university, and good
character (Section 24).

 Disqualification for offences of moral turpitude or misconduct (Section 24A).

 SBC enters the name in the State Roll; advocates can transfer rolls (Section 18).

Right to Practice

 Only enrolled advocates have the right to practice law (Sections 29 & 33).

 Advocates may appear before all courts, tribunals, authorities, including the
Supreme Court.

 Classification of Senior Advocates (Section 16) based on merit and standing.

Disciplinary Mechanism

 Complaints handled by SBC Disciplinary Committees (Section 35).

 Punishment includes reprimand, suspension, or removal from the Roll.

 Appeals lie to the BCI (Section 37) and then to the Supreme Court (Section 38).

Regulation of Legal Education

 BCI sets standards for legal education (Section 7).

 Recognizes universities for awarding valid law degrees.

 Conducts inspections, approves curricula, and promotes continuing legal education.

 Merits of the Act

 Unifies the profession under one title: Advocate.

 Ensures self-regulation through Bar Councils.

 Improves legal education standards.

 Provides a structured disciplinary system.

 Gives nationwide mobility to advocates.

Demerits

 Disciplinary proceedings may be slow and lengthy.

 Advertising restrictions limit modern practice methods.

 Insufficient focus on legal aid for weaker sections.

 Restrictions on foreign lawyers reduce global exposure.

Conclusion

The Advocates Act, 1961 is the foundation of the modern legal profession in India. It
unified the legal community, established autonomous bar councils, strengthened
professional ethics, and improved legal education—making it one of the most
significant legal reforms in independent India.

6. ENROLMENT OF ADVOCATES UNDER SUPREME COURT

Enrolment of Advocates and Attorneys

 The Supreme Court could enroll attorneys and advocates to appear before it.

 It could appoint subordinate officers (clerks, sheriffs etc.), but their salaries needed
approval of the Governor-General in Council.

 Sheriff System: Court nominated 3 persons yearly; Governor-General chose one as

Sheriff. The Sheriff executed court orders and detained prisoners.

 Judges were professional English lawyers, unlike the lay judges of earlier Mayor’s
Courts.
Growth of a Formal Legal Profession

 Establishment of the Supreme Court introduced professional legal practice in India.

 English barristers and attorneys dominated court practice in Presidency towns.

 Proceedings were in English, and litigants had to hire English lawyers — making
justice costly and inaccessible to most Indians.

 Initially, Indians were not allowed to practice in the Supreme Court.

Development of Legal Education & Practice (18th–19th Century)

 Legal education and practice followed British legal traditions.

 Several grades of practitioners emerged: advocates, attorneys, vakils, pleaders,

mukhtars, revenue agents.

 Enrolment required specific qualifications and sometimes passing court-prescribed

exams.

 A dual legal system existed:

o Crown Courts (Supreme Courts): Only English barristers/solicitors practiced.

o Company’s Adalats: Indian vakils and pleaders practiced, trained in

Persian/local law.

 This created a split legal profession — English-dominated in Presidency towns;

Indian-dominated in the Mofussil.

7. Enrolment of Advocates under the Indian High Courts Act, 1861 (Short Notes)

✅ Background

 Before 1861, the legal profession was split:

o Supreme Courts – only English barristers/solicitors could practice.

o Company’s Adalats – only Indian vakils/pleaders could appear.

 The Act abolished both systems and created unified High Courts at Calcutta,
Bombay, and Madras through Letters Patent.

 Aim: One integrated judiciary + one unified legal profession.

✅ Key Provisions on Enrolment of Advocates

1. Unified Court and Profession

 High Courts replaced all earlier courts, ending the division between barristers
(British) and vakils (Indians).

 All practitioners could now practice in the same court.

2. Power to Enrol Practitioners

 Each High Court could approve, admit, and enrol:

o Advocates

o Vakils

o Attorneys

 Enrolled persons received a certificate to practice before the High Court.

3. Qualifications for Enrolment

High Courts framed their own rules. Usual requirements were:

 Law degree

 Passing an exam (if required)

 Good moral character

 No racial restrictions → qualified Indians could also enrol.

4. Classes of Legal Practitioners

 Advocates: Full right of audience in the High Court and all subordinate courts.

 Attorneys: Managed legal work, could appear in certain courts.

 Vakils: Indian pleaders; later merged into the single class of advocates.

5. Right of Audience

 An enrolled advocate could practice:

o In the High Court, and

o In all courts subordinate to it.

 Ensured uniform practice rights for all.

6. Letters Patent

 Contained detailed rules on:

o Admission and qualifications

 o Conditions of practice

o Disciplinary powers of the High Court

7. Regulation & Discipline

High Courts could:

 Frame rules for practice, fees, dress code

 Supervise conduct of advocates

 Suspend or remove practitioners for misconduct

✅ In short:
The Indian High Courts Act, 1861 unified the courts, allowed Indians and Europeans to be
enrolled equally, created uniform standards of admission, and gave High Courts full control
over enrolment, regulation, and discipline of the legal profession.