History

The first modern legislation to govern the conduct of legal practitioners was the Legal
Practitioners Act, 1879. The preamble of the Act states that the objective of the Act is to
consolidate and amend the law relating to Legal Practitioners.
The Advocates, Vakils or Attorney of a High Court, Pleader, Mukhtar or Revenue agents were
all brought under the jurisdiction and on the rolls of the High Court. The High Court was
empowered to make rules regarding their qualifications, fees, suspension and dismissal.
Under this Act, a major issue was admission of women to various provincial courts as
pleaders. Admission of women to the profession under Legal
Practitioners Act, 1897.
In Regina Guha1 the Calcutta High Court, and in Sudhangshu Bala Hazara 2, the Patna High
Court held that women otherwise qualified were not entitled to be enrolled as Vakil or
Pleader. To remove the doubts Legal Practitioners (Women) Act, 1923 declared that
notwithstanding the Letters Patent of any High Court no woman shall be disqualified to be
enrolled as legal practitioners. The Allahabad High Court took the lead by enrolling Miss,
Cornelia Sorabji as the first Indian lady Vakil of Allahabad High Court on August 24, 1921
by a decision of the English Committee of the Court (as the Administrative Committee was
then called), consisting of Chief Justice Sir Grim Wood Meers.
The First Indian Bar Committee
Munshi Iswar Saran, an eminent lawyer from Allahabad, moved a resolution in the
Legislative Assembly in February 1921 recommending legislation with a view to create an
Indian Bar and so as to remove all distinctions enforced by statute or by practice between
Barristers and Vakils. The Govt. of India in 1923 appointed the Indian Bar Committee under
the Chairmanship of Sir Edwar Chamier, a retired Chief Justice of the Patna High Court. The
Committee submitted its report in 1924, which was regarded as a landmark
in the annals of the Indian Bar. This reports great achievement was in its emphasis on the
creation of an autonomous Indian Bar.
Some of the prominent recommendations made by the Committee Includes:
Unification and removing difference between lawyers:
At that time different grades of legal practitioners existed in each province. The Committee
recommended that the difference should be done away with over time.
However, it was difficult at that time to achieve this because there was a wide variety of
provincial system and the local conditions, and legislation for the subordinate grades of
practitioners had to be taken up on a provincial basis. Therefore, Committee approved the
perpetuation of the dual system, and did not ask for any change. However, the committee
provided some suggestions for reduction of distinctions between Vakils and Advocates.
On the question of organizing the legal profession on an all India basis, the
Committee came to the conclusion that it did not consider it practicable at the time to
organize the Bar on an all India basis. However, it recommended for constitution of Bar
Council for each High Courts.
It was recommended that the Bar Council should have powers relating to making
rules subject to approval of the High Court concerning,
(a) qualification
(b) admission,
1 (1916) 21 CWN 74
2 (1922) ILR 1 Patna 104

(c) certificates of proper person to be advocates in High Courts.

Also, to be brought under the jurisdiction of the High Court were making and
administration of the Rules relating to legal education, Rules dealing with discipline and
professional conducts of Advocates and Rules on terms of appearance in any other High
Court.
The disciplinary powers of the Bar Council should only extended to advocates
practising in the High Court The existing disciplinary jurisdiction of the High Court was
maintained. However, the High Court was required before taking disciplinary action against
an advocate to refer the case to Bar Council for inquiry and report.
Indian Bar Committee, 1951
The next major step in transformation of the Indian legal practitioners was taken in 1951,
when the Government of India constituted a Committee under the Chairmanship of Justice
S.R. Das of the Supreme Court to examine and report on the professional governance of
lawyers in the country.
The mandate of the Committee was to look into:
1. The desirability and feasibility of a completely unified Bar for the whole of India
2. The continuance or abolition of the dual system of counsel and solicitor (or agent) which
obtains in the Supreme Court and in the High Courts at Bombay and Calcutta
3. The continuance or abolition of different classes of legal practitioners, like Advocates of
the Supreme Court, Advocates of the various High Courts, District Court Pleaders, Mukhtars
(entitled to practise in criminal courts only), revenue agents, income tax practitioners, etc.
4. The desirability or feasibility of establishing a single Bar Council for the whole of India, or
for each State, the establishment of a separate Bar Council for the Supreme Court,
consolidation and revision of the various enactments (Central as well as State) relating to
legal practitioners, and all other connected matters.
Major recommendations:
The Committee found that it is desirable and expedient as well as possible to create a unified
National Bar. It was suggested that the uniform minimum qualification for admission to the
roll of Advocates should be a law degree obtained after at least a two years study of Law in
the University after having first graduated in Arts, Science or Commerce and a further
apprentice course of study for one year in practical subjects.
The Committee also stated that the establishment of an All India Bar Council is desirable,
necessary and is quite feasible. A State Bar Council for each of the states was also envisaged.
The question of creating a separate Bar Council for the Supreme Court did not find favour
with the Committee.
Unification:
Lawyers of various types were recognized to enjoy the same status as lawyers. The All India
Bar Council was required to compile a common roll of Advocates in order of seniority. It was
recommended that subject to the rules regulating the mode and manner of practice, each
Advocate in the Common Roll of Advocates should have the right to practise, in all Courts in
India, from the Supreme Court down to the lowest Court or Revenue Offices. The Committee
stated that no case was been made out for the abolition of the dual system in Calcutta or
Bombay and there was no reason why that system should not continue in those two places,
but the dual system in the Supreme Court was abolished. Also, according to the
recommendations of the Committee, non graduate Pleaders, Mukhtars or Revenue Agents
were not admitted henceforth.
The Advocates Act: Provisions relating to legal aid

The Bar Council of India Constituted3 a committee for organizing legal aid which provides
as follows: A Bar Council may constitute one or more legal aid committees, each of which
shall consist of such number of members, not exceeding nine but not less than five, as may be
prescribed. The qualifications, the method of selection and the term of office of the members
of a legal aid committee shall be such as may be prescribed.
The Bar Council of India rule4 relating to legal aid which runs thus:
"Every advocate shall, in the practice of the profession of law, bear in mind that any
one genuinely in need of a lawyer is entitled to legal assistance even thought he cannot pay
for it fully or adequately and that within the limits of an advocate's economic condition, free
legal assistance to the indigent and oppressed is one of the highest obligations an advocate
owes to society ".
The Bar Council of India Rules on professional conduct also provides that all the
advocates will discharge their social responsibilities. Indeed, it is the highest obligation an
advocate owes to the society.
The provision of legal aid was considered jointly by lawyers in Third All India Lawyers
Conference (1962) and they recommended as follows:5
An indigent accused should be represented by counsel at Government expenses in all
cases including proceedings under Section 488 of the Criminal Procedure Code and
Jail appeals.
No Court fee, authentication of copying fee or any other fee be levied upon an
accused.
The expression Pauper used in Order XXXIII of the C.P.C. should be replaced by
the expression poor person or assisted person.
The explanation to Rule 1, Order XXXIII of the Code of Civil Procedure should be
amended so as to entitle a person who has no property worth Rs. 100 to sue as pauper.
Order XXXIII of the Code of Civil Procedure should be amended so as to enable a
person not only to sue as pauper but to defend suit or proceedings as a pauper.
Order XXXIII of the Code of Civil Procedure should be further amended so that an
assisted person is exempted not only from the payment of court fee but also from the
payments of process fee, witnesses diet money and travelling allowance, fee for
obtaining copies of judgments, Order or documents.
Rules of Supreme Court and High Courts should be amended so as to provide counsel
to poor person in these courts and other subordinate courts at Government expense.
Various Bar Associations in the country should organize legal aid committee forthwith
at the Tehsil, Taluka, District. High Court and Supreme Courts levels to provide free
legal aid to poor persons.
Bar Association of India should formulate the manner in which both free and partial
legal aid may be provided by various Bar Associations.
The problem of implementation of Legal Aid Scheme was again considered by the members
of Legal Profession in Maharashtra Lawyers Conference (1975) which was attended by a
galaxy of people not only from the State of Maharashtra but from all over India. In the
3 Section 9A of the Advocates Act, 1961
4 Rule 46 The Bar Council of India Rules,1983
5 All India Lawyers Conference (1962)

Conference Late Prime Minister Mrs. Indira Gandhi also sent a message, which emphasized
the need for legal aid to the poor.
The Bar Council of India Trust
The Bar Council of India constituted in 1974 6 The Bar Council of India Trust. One of the
objectives of the Trust is to arrange for legal aid to the poor litigants and to establish,
maintain and run legal aid societies at various places where free legal aid may be available to
such persons. The Trust is managed by a board of Five Trustees who are members of the
B.C.I.
Bar Council of India Legal Aid Rules, 1983
The biggest contribution of the Bar in Legal Aid Movement is Bar Council of India Legal Aid
Rules, 1983 framed to give effective support to legal aid scheme sponsored by Central
Government. Under these rules a committee, known as Legal Aid Committee has been
constituted consisting of 9 members. The Chairman of the Bar Council is ex-officio Chairman
and the Secretary of the Bar Council of India is the Secretary of the said Committee. The
term of the office members is of two years.
The functions of the Legal Aid Committee are7:
To formulate policies for implementing the legal aid and advice scheme and to see that
formulated policies are properly followed by the State Bar Council Legal Aid Committee,
District Legal Aid Bodies and also to exercise effective supervision and control over these
bodies.
Within the framework of the legal aid scheme ,service of qualified lawyers are absolutely
essential in whatever manner the legal service are made available to the poor sections of our
society and it is immaterial whether it is legal advice or legal representation in the court of
law. Lawyer is the pivot for such scheme of legal aid.
Therefore, the success of any legal aid scheme depends on a great extent on the
cooperation of the legal profession.
The Committee suggests that lawyers having five years of standing in the legal profession
should only be allowed to handle the legal aid matters. Such matters should be given to those
lawyers who have attained specialized knowledge and skills in a particular field. There is a
need for the development of a specialized skill of advocacy, administration and recruitment,
and training of the specialized persons whose knowledge and experience may be
systematically perpetuated. There must be advocates at the central, state and grass root level
for whom legal aid is a full time crusade and carrier.
The Advocates, as a class and senior Advocates in particular have a solemn duty to
ensure justice to all citizens and particularly to poor and marginalized sections of the
society and they should rise up to meet the challenge effectively and successfully for the
implementation of Legal Services Authorities Act, 1987.

6 N.R.Madhava menon :Bar Council & Management of Legal profession ,I.B.R.VOL

22(2&3)1995 P.153
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Rule 4, of the Bar Council of India Legal Aid Rules, 1983