Give a brief account of development of legal profession in India from 1772 to 1961.
THE HISTROY OF DEVELOPMENT OF LEGAL PROFESSION IN INDIA IS A STRUGGLE.It can be divided into –1. Pre independence2. Post independencePre independenceCHARTER OF 17741. Established supreme court in India2. Act empowered to enroll, admit advocates and attorneys3. However only English men were enrolled.
JUDICAIL PLAN 19731. 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 19811. Approval , admitance of attorneys, advocates and vakils
LEGAL PRACTITIONERS ACT 18791. 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- Indian4. Law graduates of bombay as advocates5. In Madras , law graduate admitted as vakils6. Fees was fixed.LEGAL PRACTITIONER ACT (WOMEN ) 1923
INDIAN BAR COUNCIL ACT 19261. 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, vakils5. Qualifications for enrollment-Barristers in England, scotland and IrelandDegree in Law.Practical Training under advocates.
POST INDEPENDENCETHE ADVOCATES ACT 1961MAIN FEATURES-1. Establishment of ALL INDIA BAR COUNCIL AND STATE BAR COUNCIL-federal structure2. Single class called advocates3. Uniform qualifications-degree in law.4. Division of advocates into senor advocates based on merit5. No advocate can register in more than 1 state council
FUNCTIONS:1. To prepare and maintain common roll2. To lay down standards of common conduct3. To safeguard the rights of advocates4. To promote legal education5. to recognize universities whose degree will qualify as an enrolled advocate6. To organize legal aid
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 COUNCIL15 -20 members elected from advocate on roll.
QUALIFICATIONS FOR ADMISSION AS AN ADVOCATE1. Citizen of India2. Completed 21 years of age3. Degree of Law.Rs. 250 as enrollment fee.DISQUALIFICATIONIf convicted under offence of untouchability 1955.RIGHT TO PRACTICE1. All courts including Supreme court
MISCONDUCT OF ADVOCATES1. Non performance of duties2. Charging of high fees3. Misappropriation of funds4. Contempt of court5. Criminal offences by advocates.