Transcript - Santhi Narayanan

UNIT III
UNIT III
• The Bengal regulations 1793 and 1833 –
created for first time a regular legal profession
for Company’s courts
• Bengal Regulation VII of 1793 – only persons
well versed in Hindu and Mohammedan Law
and persons of character and education were
allowed to plead in courts.
• The Legal Practitioner’s Act 1846, 1863
• 1846 – office of pleaders thrown open to
persons of all nationality
• Attorneys and barristers of Her Majesty’s
courts
• Pleaders allowed to enter into agreements
with their clients for their fees for their
professional service.
1863
• Permitted barristers and attorneys of SC to be
admitted as pleaders in the courts of East
India Company.
• However, Indian legal practitioner could not
appear before the Supreme Court.
Indian High Court Act 1861
• Authorized setting up of HC in several
presidencies in place of SC.
• Clause 9 LPA 1865 – authorised HC to approve
admit and enrol advocates, vakils and
attorneys
Legal Practitioner’s Act 1879
• Classes of Lawyers
• Practitioner’s on original and appellate side
The Indian Bar Committee (Chamier
Committee) 1923
• Vakils expressed dissatisfaction –distinction
that existed between barristers and vakils
• Demand for creating an All India Bar.
• Indian Bar Committee constituted under the
Chairmanship of Sir Edward Chamier
Recommendations
• That in all High Courts, a single grade of
practitioners entitled to plead should be
established and called advocates.
• When special conditions are maintained for
admissions, if they fulfill the conditions vakils
would be allowed to plead on the original side
of the High Court
Contd/• A Bar Council be constituted for each High
Court having power to enquire into matters
calling for disciplinary action against the
lawyer.
• That the disciplinary powers would rest with
the High Court but before taking any action, it
should refer the case to the Bar Council for
enquiry and report
Indian Bar Councils Act 1826
• Central Legislature enacted this Act to
implement recommendations of the Chamier
Committee
– Object: To provide for the constitution and
incorporation of the Bar Council for certain courts
– To confer power and impose duties on such Bar
Councils
– To consolidate and amend the law relating to legal
practitioners entitled to practice in such courts
Contd/• Bar Council constituted for every HC
• Bar Council to consist of 15
members(including one advocate general) = 4
persons to be nominated by the HC+ 10
elected by the advocates among themselves.
• Roll maintained by the HC, however Bar
Council authorised with the previous sanction
of the HC to make rules to regulate the
admission of person as advocates to the HC
Indian Bar Councils Act 1826
• Power of enrolment of advocates virtually
continues to remain in HC and the function of
Bar Council – merely advisory in nature
All –India Bar Committee,1951
• Bar not satisfied with Bar council Act 1926
• No setting up of unified Indian Bar
• Bar councils neither autonomous nor had
substantial authority.
• All India Bar committee constituted under
Chairmanship of Justice SR Das of SC.
Recommendations of committee
• For the unification of the Bar providing for a
common roll of advocates, who would be
members of the all India unified Bar.
Advocates Act 1961
• Establishes an All India Bar and a common roll
of advocates.
• Advocate on common roll has the right to
practice in all