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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 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.
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
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
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.
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
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
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.
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
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.

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Development of India's Legal Profession 1772-1961

  • 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.