Development of Legal Profession after Independence

This chapter deals with the evolution of the legal profession in the second half of the nineteenth century and covers the organization of the bar and admission to the bar. In 1850, there were an estimated 21,979 lawyers in the United States. The number increased very rapidly after the revolution. In the last half of the century, there was an even greater increase. The transformation of the U.S. economy after the Civil War had a profound impact on the demand for lawyers and thus on supply. In 1880 there were perhaps 60,000 lawyers; around 1900 about 114,000. For most of the nineteenth century, no organization even claimed to speak on behalf of the Bar Association as a whole or a substantial part, or to regulate the conduct of lawyers. From time to time, lawyers founded associations, mainly social; But until the last third of the century, there was no general bar group. Gandhi proposed an alternative arbitration system in 1920, but very few jurists accepted his call to boycott established courts. A major effort to establish alternative institutions has been called “panchayats.” This panchayat experiment failed because of a combination of apathy, oppression and internal opposition.

[31] In Western Europe, the legal profession declined in the Middle Ages and reappeared in the 12th and 13th centuries in the form of experts in canon law. The profession began to be regulated, extending its scope to civil law and canon law. The history of the legal profession in India dates back to the founding of the first British court in Bombay in 1672 by the respective governor Aungier. The admission of lawyers was placed in the hands of the Governor in council and not in court. Before the establishment of the great courts in Madras and Calcutta in 1726, there were no legal experts in India. Until the creation of the Mayor`s Court, there was no established legal profession. Lawyers lacked legal training and some officials in the mayor`s court were dismissed as servants of the British East India Company. There have been several years that have played an important role in the establishment of courts in India.

The Indian Bar Association is headed by a President and a Vice-President, who are decided by the members of the Board for a period of several years. Each of the states of India has a State Bar Council. Each of the State Councils of the Bar has a specific set of contributors who rely on the numerical power of the lawyers on their lists, who are elected as contributors to the Council of the State Bar in accordance with the proportional presentation system. In the Charter of 1726, which established the courts of the mayor`s office in the three cities of the Presidium, there was no specific provision that imposed special requirements on persons who would have the right to act or represent as lawyers before those courts. Presumably, it was left to these courts to settle this issue under rules of practice that they were empowered to draft. This position did not change when a new charter was issued in 1753. At the time of the mayor`s court, no organized legal profession appeared in the presidential cities. Those who practised as lawyers lacked legal training or knowledge. They had embraced the profession for lack of better. Many of these alleged lawyers have become laid-off employees of the company. The historical heterogeneity and locality of the Indian legal system leads to a variety of legal codes and practices. Thus, the attorney of a particular district may fail with one technique that has succeeded in another.

Lawyers` organizations are powerful at the village level. In response to the high level of illiteracy, legal intermediaries are needed to translate the stifling mass of bureaucratic codification into common terms. These paragliders are just as important to the work of the Indian judiciary as lawyers. [32] For a long time, unauthorized decreases in practitioners within Mofussil, called Mukhtars, who practiced in criminal courts and acted as lawyers for leaders, worked. There are also salespeople appearing on sales workstations. All this had been identified and taken under the administration of the courts for the first time by Act XX of 1865, Mukhtar and income agents. The Supreme Courts had been legal to dictate the guidelines for the qualification, admission and registration of the right people of the leader, Mukhtars, for the fees to be paid for the examination, admission and registration. Tax sellers working in tax workplaces and courts have also gained the reputation of lawyers under this law. They were considered the lowest class and no longer played a major role in improving the legal profession.