0LEGAL PROFESSION IN INDIA
HISTORY OF LEGAL PROFESSION
LEGAL PROFESSION IN ANCIENT INDIA :
During the ancient period , The legal profession was not existed .In the ancient times the resoution of diputes and the punishments for the offences were given by the elders of the community or by the head of the family.
after this the king s were ruled the ancient india were the punishmnets ,dispute resolutions were made by the king in the kings court with the advice of the adminstrators , counsels ,ministers of the kings but the advice does not bound to be the decision .the king determines and examine the case and the regarded information than the punishment will awarded by the king in the ancient india .
- but there was no existence of legal profession and legal system at the period.even there were no traces of the legal education and the legal institution s at that period
- example :chola administration ,kautilyas arthshastra at that time there was no existence of the legal professionand legal education
DHARMA and KARMA were the basic concepts used as the principles of law ,in the ancient india followed by the ancient texts (manusmriti) etc
MUGHAL PERIOD :
In this mughal period the laws were in accordance of the islamic books to punish and to resolve disputes. In the mughal rule the kings and the emperor were used to have courts ,were the dispute and cases were examained and determined in the courts and punish under the islamic rules . even after having the courts there was no existance of the legal professionals and legal system in mughal period too.
LEGAL PROFESSION DURING THE YEAR (1672 -1726):
Legal profession was started with the establishment of the first british court in bombay in 1672 . It was the governer in council decides the admission of attorneys ,but not the courts .
prior to the here were establishment of the Mayors court in 1726 in madras and calcutta .t no legal practitioners .before 1726 there were courts of the east india company ,but not from the british crown.
During such period ,the legal profession was not organised .even the charter of 1753 did not contain significant provisions for the legal education ,legal training and legal profession .
LEGAL PROFESSION DURING 1773-1926:
- The regulatingact ,1773 and charter ,1774 have significantly contributed much to the development of legal profession in india.
- The Bengal regulation act,1973 permitted qualified hindu and muslim persons only to enroll as pleaders and the bengal regulation act ,1833 allowed all the qualified persons of any nationality or religion to enroll as 'PLEADER' of the Sadar diwani adalat .
- The legal practitioners act ,1846 made provisions that hte people of any nationality or religion would eligible to the pleaders and attorneys and barristers and attorneys of the supreme court to plead in any of the companys subordinate court s.
- The letter of patent of 1865 made provision in respect of the enrollment of the legal practitioners.
- The legal practioners act 1879 brought all the grades of the profession into one system under the jurisdiction of high courts.
- The legal practitoners act and the letters patent of the high courts formed the chief legislative governance of legal practitionersin the subordinate courts in the untill the advocate s act 1961 enacted .
- Indian Bar Comittee ,1923 under the chairmanship of sir Edward chaminer was constituted in 1923 to consider the issue of organisation of the Bar on all india basis . Indian Bar act ,1926 Epowered the High court for the enrollment of the advocates .Legal profession in india after independence.
LEGAL PROFESSION IN POST INDEPENDENCE ERA :
Legal profession in india took a new shape , due to the changed circumstances after independence .soon after the enforcement of the constitution of india the inter -unviersity board passed a resolution emphasisng the need for an All indai Bar to regulate the legal profession and the importance of uniform high standrads for law examinations in india .
To this effect of government of india drafted a comprehensive bill to bring reforms ,in the legal profession .
In the year 1951, the government of india announced a proposal to setup the All india bar comitee .the comittee has recomended for the establishment of state bar councils at state level and all india bar fot hte establishment of the state bar councils at state level and all india bar council at the national level .All india bar council at the national level has proposed to act as the apex regulating body of legal profession and organize the standards of legal education in india.
