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