indian law

Earl Warren once said, “It is the spirit and not the form of law that keeps justice alive.” [1] In India, like all other countries, the legal system keeps this very spirit of justice alive for a balanced, harmonious existence for all its citizens.

A lawyer is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." [2] In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961

India has the world’s second largest legal profession with more than 600,000 lawyers. The predominant service providers are individual lawyers, small or family based firms. Most of the firms are involved in the issues of domestic law and majority work under country’s adversarial litigation system. The conception of legal services as a ‘noble profession’ rather than services resulted in formulation of stringent and restrictive regulatory machinery. These regulations have been justified on the grounds of public policy and ‘dignity of profession’. The judiciary has reinforced these principles: Law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession [3] . However, over the years courts have recognized ‘Legal Service’ as a ‘service’ rendered to the consumers and have held that lawyers are accountable to the clients in the cases of deficiency of services. [4]

The Legal Profession is an important limb of the machinery for administration of justice. Without a well-organized profession of law, the courts would not be in a position to administer justice effectively as the evidence in favors or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court. "A well-organized system of judicial administration postulates a properly equipped and efficient bar;" [5] and a well regulated profession for pleading causes is a great desideratum to tone up the quality of justice.

The legal profession’s position in the country was not always the way it is today. The history of legal profession in India is therefore a history of struggle: for recognition, characterized by prestige, power and income. The professional standing of the advocates of our country evolved and grew till it finally manifested itself in the Advocates Act of 1961. This project traces this very evolution.

The Indian Bar Councils Act, 1926 was passed to unify the various grades of legal practice and to provide self-government to the Bars attached to various Courts. The Act required that each High Court must constitute a Bar Council. The duties of the Bar Council were to decide all matters concerning legal education, qualification for enrolment, discipline and control of the profession. It was favourable to the advocates as it gave them authority previously held by the judiciary to regulate the membership and discipline of their profession.

The Advocates Act, 1961 was a step to further this very initiative. As a result of the Advocates Act, admission, practice, ethics, privileges, regulations, discipline and improvement of the profession as well as law reform are now significantly in the hands of the profession itself.

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