HISTORICAL DEVELOPMENT OF THE LEGAL PROFESSION IN INDIA

This article is written by Samar Singh of 5^th Year of Bihar Institute of Law, Patna, Bihar, an intern under Legal Vidhiya

Abstract:

This research article provides an overview of the historical development of the legal profession in India. It traces the evolution of the profession from ancient times to the modern era, highlighting key milestones and significant changes. The article also examines recent developments, landmark judgments, and their implications for the legal profession. Keywords: Legal profession, India, historical development, recent developments, landmark judgments.

Introduction:

The legal profession in India has a rich history that dates back to ancient times. Over the centuries, it has witnessed significant changes that have shaped its structure, functioning, and role in society. This article explores the historical development of the legal profession in India, highlighting major milestones, recent developments, and landmark judgments that have influenced its trajectory. The legal profession in India has a rich and diverse history that has evolved over the centuries. In this article, we will explore the development of the legal profession in India.

Historical Development:

The legal profession in India can be traced to the ancient period, where jurists known as Brahmins served as legal advisors and interpreters of ancient Hindu law. These legal professionals played a crucial role in the legal system, providing legal advice and representing individuals in disputes. The legal profession was further formalised during the Mughal era when Emperor Akbar established his court system, including Qazis and Muftis who presided over legal matters, thereby professionalising the legal practice.

India’s legal system traces its roots back to ancient times, where the administration of justice relied heavily on local customs and traditions. During the Vedic period, decision-making was primarily in the hands of village councils known as the Panchayats. However, as society became more complex, the need for a centralized legal system emerged.

The formal legal profession began to take shape during the British colonial rule in India. The introduction of English common law and the establishment of British courts significantly influenced the development of the legal profession. Legal education institutions, such as the Calcutta Madrasah and the Calcutta Supreme Court, were established to train Indian lawyers in British law.

After India gained independence in 1947, the legal profession underwent further reforms. The Advocates Act of 1961 played a crucial role in regulating the legal profession and introduced a unified bar examination, ensuring uniform standards for lawyers across the country. The establishment of the Bar Council of India further enhanced the professional ethics and standards.

During British colonial rule, the legal profession in India underwent significant changes. British law became the dominant legal system, leading to the establishment of India’s first law university, the Calcutta University, in 1857. The British introduced a common law system and established the High Courts at Calcutta, Bombay, and Madras. This period marked the formalisation of legal education and the entry of legal professionals with formal legal training.

Importance of Legal Profession:

The Legal Profession plays a very important role in the administration of Justice. Lawyers assist the court in arriving at a correct Judgement. Actually, the law is very complicated. The language of acts and regulations is often found very complicated and confusing and not easy to be understood. The lawyers are not puppets compelled to obey the dictate of their clients. Where matters of good faith and Honourable conduct are concerned. They are also responsible to the court for the fair and honest conduct of a case, they are agents, not of man who plays them but are acting in the administration of justice. According to C. L. Anand has stated that ‘It has rightly been observed that a sound system of the administration of justice should posses 3 ingredients, namely 1. A well planned body of laws based on wise concepts of social justice; 2. A judicial hierarchy comprised of the Bench and Bar; 3. The learned in the law and inspirited by high principles of professional conduct and existence of suitable generation to ensure fair trial. So, the legal profession is a profession of great honour. It has been created not for private gain but for public good: It is not money making occupation but a branch of Administration of Justice.

Pros of the Legal Profession in India

The legal profession in India offers several advantages. First and foremost, it upholds the principles of justice and ensures that the rule of law prevails in society. Lawyers play a pivotal role in safeguarding individual rights, advocating for justice, and providing legal assistance to those in need.

Another significant advantage is the career opportunities that the legal profession offers. Lawyers can specialize in various areas of law, including criminal law, corporate law, intellectual property law, and more. This diversity allows individuals to pursue their professional interests and excel in their chosen field.

The legal profession also contributes to societal development. Lawyers engage in public interest litigation, advocating for social causes and fighting against discrimination and injustice. They act as a bridge between the citizens and the judiciary, ensuring that the voice of the people is heard and their rights are protected.

Cons of the Legal Profession in India

Despite its merits, the legal profession in India faces certain challenges. One of the main concerns is the issue of accessibility and affordability. Legal services can often be expensive, making it difficult for individuals with limited financial resources to seek legal representation or access justice.

An overcrowded judicial system is another challenge. The Indian courts have a huge backlog of cases, leading to delays in the delivery of justice. This backlog puts a strain on both lawyers and litigants and hampers the efficiency of the legal system.

Furthermore, there have been instances of unethical practices within the legal profession. While the majority of lawyers uphold professional ethics, a small number engage in malpractice, which undermines the credibility of the profession as a whole.

Case Laws

Several landmark case laws have shaped the legal profession in India. One such example is the Kesavananda Bharati case of 1973, which established the doctrine of basic structure, limiting the amending power of the Indian Parliament. This case played a crucial role in upholding the supremacy of the Constitution and protecting fundamental rights.

Another significant case is the Vishaka case of 1997, which addressed sexual harassment in the workplace. The Supreme Court’s judgment in this case laid down guidelines for preventing and addressing sexual harassment, ensuring a safer working environment for women.

Landmark Judgments:

India’s legal profession has been shaped by several landmark judgments that have had far-reaching implications. In the case of Kesavananda Bharati v. State of Kerala in 1973, the Supreme Court recognized the “basic structure doctrine,” establishing limits on constitutional amendments. This judgement upheld the supremacy of the Indian Constitution and the rule of law.

Additionally, the judgement of Maneka Gandhi v. Union of India in 1978 expanded the scope of individual rights by recognizing the right to personal liberty and procedural due process. This landmark judgment affirmed the significance of fundamental rights and their interpretation by the judiciary.

Recent Developments:

In recent years, the legal profession in India has witnessed various noteworthy developments. In 2010, the introduction of the National Judicial Appointments Commission (NJAC) Act aimed to reform the appointment process of judges, ensuring transparency and accountability. However, this act was subsequently declared unconstitutional by the Supreme Court in the landmark judgement of Supreme Court Advocates-on-Record Association v. Union of India in 2015. The judgement reinforced the independence of the judiciary and the significance of the collegium system for appointments. The legal profession in India has witnessed several recent developments. The introduction of technology has revolutionized legal services, making research and communication more efficient. Online legal portals and virtual hearings have become increasingly prevalent, offering convenience and accessibility.

Moreover, there is an ongoing push for legal reforms to address the challenges faced by the judicial system. Initiatives such as the National Judicial Data Grid aim to digitize court records and improve transparency. Additionally, the establishment of specialized tribunals for specific areas of law has helped expedite the resolution of disputes.

Another significant recent development is the increasing reliance on technology in the legal profession. The COVID-19 pandemic necessitated the adoption of virtual court hearings, online filing systems, and e-discovery mechanisms. This digital transformation has improved accessibility, efficiency, and transparency in the legal system.

Conclusion:

The historical development of the legal profession in India showcases its evolution from ancient times to the present. The profession has transitioned from informal advisory roles to a formally established and regulated sector. Recent developments, such as judicial reforms and digital transformation, have brought significant changes. Landmark judgments have shaped the legal landscape, reinforced the independence of the judiciary and expanded individual rights. This article provides a comprehensive understanding of the historical journey of the legal profession in India and highlights its ongoing transformation.

The historical development of the legal profession in India has been shaped by colonial influence, independence, and subsequent reforms. While the profession has its pros and cons, it plays a vital role in upholding justice, safeguarding individual rights, and contributing to societal development.

As the legal profession continues to evolve, it is essential to address the challenges it faces, such as accessibility, delays in justice delivery, and unethical practices. By embracing technology and implementing necessary reforms, India’s legal profession can further strengthen its ability to provide efficient and accessible legal services to all.

References:

1. Supreme Court Advocates-on-Record Association v. Union of India (2015) 4 SCC 1.

2. Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225.

3. Maneka Gandhi v. Union of India (1978) 1 SCC 248.