Development of Legal Profession in India

The legal profession is an important limb of the machinery for the administration of justice. Without a well-organized profession of law, the courts would not be in a position to administer justice effectively. A well-organized system of judicial administration postulates a properly equipped and efficient Bar.

What Is the Legal Profession?

The profession of law is one of the oldest and noblest professions. A person in the legal profession is commonly called an advocate or lawyer. An advocate is regarded as an officer of the court and a partner in the administration of justice.

The central function that the legal profession performs is nothing less than assisting in the administration of justice. Advocates help parties in drafting and structuring economic and personal transactions such as contracts, agreements, deeds, wills, settlements and other legal documents. They represent parties in courts and tribunals, advise on legal rights and liabilities, and help resolve disputes through litigation and alternative dispute resolution.

In addition, an advocate is expected, as part of professional ethics and social responsibility, to provide free legal aid to poor and deserving persons on compassionate grounds, thereby contributing to access to justice.

Development of the Legal Profession in India

The development of the legal profession in India can broadly be divided into the following phases:

• Legal profession in Ancient India
• Legal profession in Medieval India
• Legal profession in British India
• Legal profession in India after Independence

Legal Profession in Ancient India

In ancient India, during the early period, people lived in small groups or tribes. The head of each group or tribe delivered justice in open assemblies, in the presence of all the members. There was no specialized class of legal professionals comparable to the modern lawyer.

When kingship became established, the king was regarded as the fountain of justice and delivered judgments. The king was generally advised by his councilors and religious heads. The law of those days was rooted in Dharma, Hindu religion, customs and usages.

From the traditional stories of Maryada Ramayana and the legends of King Vikramaditya, we get accounts of wise men who resolved complex disputes. The sufferer or aggrieved person would present his complaint before the king, and the king, with the aid of religious authorities and wise courtiers, would deliver the judgment. Although there was a primitive notion of advocacy in the form of advisors and spokesmen, there was still no institutionalized "legal profession".

Legal Profession in Medieval India

During the medieval period under Muslim rule, some form of legal representation existed. Parties to litigation appointed their vakils (agents) to present their cases before the Qazi or judge. Vakils assisted the parties, and were generally paid a percentage of the amount involved in the suit or a negotiated fee.

However, the profession was not well organized or strictly regulated. Vakils largely functioned as agents of the parties rather than as independent legal professionals bound by a formal code of ethics. There were no standardized qualifications or training requirements to become a vakil.

Legal Profession in British India

During the British period, a modern legal system was gradually developed in India. Initially, the East India Company's courts derived their authority from the Company rather than directly from the British Crown. Over time, royal charters and statutes created a structured judiciary and a more formal legal profession.

Charter of 1726

The year 1726 marked the beginning of a new phase in the evolution of judicial institutions in India. Mayor's Courts were established in the Presidency towns of Bombay, Calcutta and Madras as royal courts deriving authority from the British Crown. These courts heard all civil suits and actions between parties, following procedures based largely on English law.

However, there were no institutional facilities for legal training, and many persons who had little or no formal knowledge of law were allowed to practice before these courts. The Mayor's Courts had no jurisdiction in criminal matters; criminal jurisdiction remained with the Governor and his council.

Charter of 1753

The Charter of 1753 was issued to modify the Charter of 1726. It reorganized the jurisdiction and powers of the Mayor's Courts but, like its predecessor, did not make significant provision for the training, qualification or regulation of legal practitioners. As a result, the legal profession remained unorganized and loosely structured.

Charter of 1774

In 1774, the British Crown issued a Charter establishing the Supreme Court of Judicature at Calcutta. Clause 2 of the Charter empowered the Supreme Court to approve and enroll Advocates and Attorneys-at-law. The Court was also given power to remove an Advocate or Attorney for reasonable cause, thereby introducing an element of professional discipline.

However, the Charter did not permit Indian legal practitioners to appear and plead before the Supreme Court. In practice:

• "Advocate" meant a British or Irish barrister.
• "Attorney" meant a British Attorney or Solicitor.

Thus, the higher echelons of the profession were reserved for English practitioners, while Indians were largely confined to subordinate roles in the Company's courts.

The Bengal Regulation Act of 1793

The Bengal Regulation Act of 1793, for the first time, provided for a more regular legal profession in the Company's courts. Under the Regulation, only Hindus and Muslims of good character and ability could be enrolled as pleaders. This gave some formal recognition to Indian legal practitioners, although the profession was still far from unified or national in character.

Indian High Courts Act, 1861

The Indian High Courts Act, 1861, empowered the British Crown to establish High Courts in each Presidency town. These High Courts combined the jurisdiction of the earlier Supreme Courts and Sadar Adalats. Over time, civil and criminal courts were organized in the provinces as well, leading to a more coherent judicial hierarchy.

Legal Practitioners Act, 1879

The Legal Practitioners Act, 1879, was enacted to consolidate and amend the law relating to legal practitioners. It provided that an Advocate or Vakil on the roll of any High Court could practice in all courts subordinate to that High Court. The High Courts were empowered to frame rules relating to the suspension and dismissal of pleaders and mukhtars.

Pleaders and mukhtars were generally Indian lawyers, while "advocate" continued to be associated with barristers trained in England. The Act thus recognized multiple categories of legal practitioners with different rights and status.

Indian Bar Committee, 1923

In 1923, the Indian Bar Committee was constituted under the chairmanship of Sir Edward Chamier to consider the organization of the Bar on an all-India basis. The Committee did not favour the immediate establishment of an All India Bar Council but recommended the creation of a Bar Council for each High Court.

It suggested that a single grade of practitioners should be established in each High Court and that they should all be called "Advocates". The Committee also recommended that Bar Councils should have power to inquire into cases requiring disciplinary action, with the High Court retaining ultimate disciplinary authority to punish guilty advocates.

Indian Bar Council Act, 1926

To give effect to some of the recommendations of the 1923 Committee, the Indian Bar Council Act, 1926 was enacted. The main purpose of the Act was to provide for the constitution and incorporation of Bar Councils for certain courts, to confer powers and impose duties on such councils, and to consolidate and amend the law relating to legal practitioners in those courts.

The Act provided for the establishment of a Bar Council for every High Court. Each Bar Council was to consist of 15 members, of whom four were to be nominated by the High Court and ten were to be elected by the advocates of that High Court from amongst themselves. This marked a significant move towards professional self-governance.

Legal Profession in India After Independence

All India Bar Committee, 1951

After Independence, the All India Bar Committee was constituted in 1951 under the chairmanship of Justice S.R. Das. The Committee recommended the creation of an All India Bar Council and separate State Bar Councils. It suggested that the power of enrollment, suspension and removal of advocates should vest in these Bar Councils, thereby strengthening self-regulation and insulating the profession from unnecessary executive interference.

The Committee also recommended that there should be no further recruitment of non-graduate pleaders or mukhtars, and that the profession should be unified under a single class of legal practitioners called "Advocates".

Advocates Act, 1961

To implement these recommendations, the Central Government enacted the Advocates Act, 1961. The Act, which extends to the whole of India, brought revolutionary changes to the legal profession. The Preamble declares that the Act consolidates and amends the law relating to legal practitioners and provides for the constitution of Bar Councils and an All India Bar.

Key features of the Advocates Act, 1961 include:

• Creation of the Bar Council of India (BCI) at the national level and State Bar Councils at the state level.
• Establishment of a single unified class of legal practitioners known as "Advocates", abolishing earlier distinctions between pleaders, vakils and mukhtars.
• A statutory framework for enrollment, practice, professional ethics and disciplinary control over advocates.
• Provision for an All India roll of advocates and recognition of the right of an advocate enrolled with a State Bar Council to practice throughout India, subject to certain conditions.

Over the decades, the Advocates Act has been amended and supplemented by rules and regulations framed by the Bar Council of India and State Bar Councils, keeping the legal profession responsive to evolving social, economic and technological changes.

All India Bar Examination (AIBE)

One of the important post-Independence developments is the introduction of the All India Bar Examination (AIBE) by the Bar Council of India. The AIBE is a post-enrollment examination designed to assess an advocate's basic knowledge and suitability to practice law in India.

The exam is conducted in an offline, pen-and-paper, multiple-choice format, generally over three-and-a-half hours, and is held in numerous centres across the country. The question paper covers a wide range of subjects from constitutional law and criminal law to civil procedure, professional ethics and emerging legislation. Candidates are required to secure a minimum qualifying percentage to obtain a "Certificate of Practice".

In recent years, the AIBE syllabus and pattern have been updated to keep pace with contemporary legal changes, including the introduction of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) in place of the earlier Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act.

Recent Legislative and Regulatory Developments

Advocates (Amendment) Act, 2023

The Advocates (Amendment) Bill, 2023, which has been passed by Parliament, amends the Advocates Act, 1961 and repeals obsolete provisions relating to "touts" under the Legal Practitioners Act, 1879. The amendments primarily:

• Remove outdated references to touts from the old statute and integrate relevant provisions into the framework of the Advocates Act.
• Authorize High Courts, District Judges, Sessions Judges, District Magistrates and specified revenue officers to prepare and publish lists of touts and to restrict their entry into court premises.
• Aim to protect litigants from harassment and unethical practices while streamlining the statutory framework governing the legal profession.

Proposed Advocates' Social Security and Welfare Reforms

In addition to the 2023 amendments, recent policy initiatives have sought to strengthen welfare measures for advocates. A draft Advocates (Amendment) Bill, 2024 proposes, among other things, the creation of an Advocates' Social Security Welfare Fund to provide a financial safety net for advocates in situations such as disability, old age or other distress.

A further draft Advocates (Amendment) Bill, 2025 has been circulated for public consultation to modernize the Advocates Act, enhancing regulatory oversight, client protection and professional standards. These reform efforts reflect a continuing attempt to balance professional autonomy with accountability and social security for lawyers.

Entry of Foreign Lawyers and Foreign Law Firms

A major contemporary development in the Indian legal profession is the regulated entry of foreign lawyers and foreign law firms.

In March 2023, the Bar Council of India notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, which were subsequently amended and re-notified in 2025. These Rules permit:

• Registered foreign lawyers and foreign law firms to provide legal services in relation to:
  • the law of the country of their primary qualification,
  • international law, and
  • international commercial arbitration and non-litigious matters.
• Registration of Indian-Foreign Law Firms (Indian entities that collaborate with foreign lawyers/firms) under a special category, allowing them to advise on foreign law and international matters while retaining the right to practice Indian law.

At the same time, the Rules do not permit foreign lawyers to engage in general practice or to appear in Indian courts and tribunals. They strictly confine foreign participation to non-litigious advisory work under a regulatory framework designed to protect the interests of Indian advocates and ensure reciprocity.

In 2025, additional guidelines introduced stricter requirements for foreign lawyers entering India on a "fly-in, fly-out" basis, including prior intimation to the Bar Council of India, disclosure of client details and time-bound limits on their stay. These measures aim to maintain oversight and avoid unregulated practice while still encouraging India's growth as a hub for international commercial arbitration and cross-border transactions.

Impact of Technology and Digital Transformation

Another defining feature of the contemporary legal profession in India is the rapid digitization of courts and legal practice. The e-Courts Mission Mode Project, the expansion of e-filing and the widespread use of video-conferencing, especially since the COVID-19 pandemic, have transformed the way advocates practice law.

Key technological developments affecting the legal profession include:

• Virtual Hearings and Hybrid Courts: Many High Courts and subordinate courts now conduct proceedings through video-conferencing platforms, allowing advocates to appear remotely in certain matters. Virtual courts have become a regular feature in bail hearings, remand proceedings and some civil and commercial cases.
• E-filing and E-summons: Electronic filing of pleadings, digital case management systems and e-summons for witnesses and parties have reduced paperwork and improved procedural efficiency.
• Digital Communication with Advocates: Courts have begun using electronic modes such as e-mail, SMS and even official WhatsApp-based systems to send notifications, case status updates and e-filing alerts to advocates and litigants.
• Legal Databases and E-libraries: Bar associations and courts are increasingly setting up digital libraries, enabling advocates to access judgments, statutes and commentaries online, enhancing the quality and speed of legal research.
• AI and Legal Tech Tools: The emergence of AI-based research tools, document automation, contract analytics and case management software is changing the way law firms and individual practitioners manage their practice, though these developments also raise questions about data protection, ethics and access.

Consequently, modern Indian advocates are expected not only to master substantive and procedural law but also to be increasingly technologically literate, capable of using digital platforms, e-courts infrastructure and online research tools effectively.

Conclusion

From informal dispute resolution by tribal leaders and monarchs to a highly structured profession governed by the Advocates Act, Bar Councils, AIBE, and technology-driven courts, the legal profession in India has undergone a long and complex evolution.

Today, the profession faces new challenges and opportunities arising from globalization, the regulated entry of foreign lawyers, the demand for higher ethical standards, and the sweeping digital transformation of the justice system. Yet, its core function remains unchanged: to assist in the fair and efficient administration of justice, uphold the rule of law and protect the rights and liberties of individuals.