1. Give a brief account of development
of legal profession in India from
1772 to 1961.
2. THE HISTROY OF DEVELOPMENT OF LEGAL PROFESSION IN INDIA
IS A STRUGGLE.
It can be divided into –
1. Pre independence
2. Post independence
Pre independence
CHARTER OF 1774
1. Established supreme court in India
2. Act empowered to enroll, admit advocates and attorneys
3. However only English men were enrolled.
3. JUDICAIL PLAN 1973
1. LORD CRNWALLIS regulated the system.
2. Regulation of appointment of vakils in the provinces of
Bengal, Bihar and Orissa.
3. Rules were laid for regulation of professional ethics, fees etc.
4. Diwani Adalats enroll pleaders.
India HIGH COURTS ACT 1981
1. Approval , admitance of attorneys, advocates and vakils
4. LEGAL PRACTITIONERS ACT 1879
1. HIGH COURTS to make rules for qualifications and admissions
of proper persons.
2. Rules on dismissal of advocates.
3. Two categories-
Advovates-Barristers of England, Scotland and Ireland
Vakils- Indian
4. Law graduates of bombay as advocates
5. In Madras , law graduate admitted as vakils
6. Fees was fixed.
LEGAL PRACTITIONER ACT (WOMEN ) 1923
5. INDIAN BAR COUNCIL ACT 1926
1. Bar council for each High court of 15 members.
2. Term of Bar council 3 years.
3. Council with prior sanction to High court was empowered to
make rules for admission of advocates.
4. High court to maintain roll of advicates, vakils
5. Qualifications for enrollment-
Barristers in England, scotland and Ireland
Degree in Law.
Practical Training under advocates.
6. POST INDEPENDENCE
THE ADVOCATES ACT 1961
MAIN FEATURES-
1. Establishment of ALL INDIA BAR COUNCIL AND STATE BAR
COUNCIL-federal structure
2. Single class called advocates
3. Uniform qualifications-degree in law.
4. Division of advocates into senor advocates based on merit
5. No advocate can register in more than 1 state council
7. FUNCTIONS:
1. To prepare and maintain common roll
2. To lay down standards of common conduct
3. To safeguard the rights of advocates
4. To promote legal education
5. to recognize universities whose degree will qualify as an
enrolled advocate
6. To organize legal aid
8. POWER:
1. It can remove the name of person entered as advocate as mis
representation.
2. Empowers for proper functioning of state bar council.
3. Can make rules for admission of advocates.( section 28)
STATE BAR COUNCIL
15 -20 members elected from advocate on roll.
9. QUALIFICATIONS FOR ADMISSION AS AN ADVOCATE
1. Citizen of India
2. Completed 21 years of age
3. Degree of Law.
Rs. 250 as enrollment fee.
DISQUALIFICATION
If convicted under offence of untouchability 1955.
RIGHT TO PRACTICE
1. All courts including Supreme court
10. MISCONDUCT OF ADVOCATES
1. Non performance of duties
2. Charging of high fees
3. Misappropriation of funds
4. Contempt of court
5. Criminal offences by advocates.
