Textbook: Legal Profession in India | Legal Studies for Class 12 - Humanities/Arts PDF Download

 Page 1


Legal Profession in India
Learning Objectives:
Students will be able to:
• Trace the history of Legal Profession in India.
• Describe the main changes brought about by the Advocates Act, 1961.
• Explain the professional duties of an advocate
• Elucidate on women in the Legal profession
• Understand the legal Profession and legal education in India, USA and UK
• Enumerate the opportunities available to Law graduates
A. Brief history
The modern legal profession has its roots in the colonial period where it emerged with the advent of 
Mayor’s court in Madras and Calcutta in 1726 under the Charter of 1726. However, it was only after 
the passing of Legal Practitioner’s Act in 1846 that the doors of legal profession were thrown open to 
the duly qualified, certified practitioners bearing good character. The practitioners could now practise 
irrespective of nationality and religion. Women were still excluded from the legal profession. It was 
through the Legal Practitioner’s (Women) Act, XXIII of 1923 that they were allowed to practise in 
courts.  
The Advocates Act, 1961
With an objective to amend and consolidate the law relating to legal practitioners and to provide for 
the constitution of the Bar Councils and an All-India Bar, The Advocates Act was passed in 1961. The 
main provisions of the Act are;
1. One category of practitioners- ADVOCATE
 After the enactment of the Advocates Act ,1961, all the old categories of practitioners (vakils, 
barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a 
single category called “advocates” who enjoy the right to practice in courts throughout India. 
The Act recognizes only one class of practitioners, that is, Advocates. Advocates have been 
classified as Senior Advocates and other Advocates. An Advocate on the State Rolls is entitled 
to practice as of right before any tribunal, or authority of India, or any court including the 
Supreme Court.
 Advocates: In order to be eligible for enrolment, an Advocate must be: a citizen of India, 
atleast 21 years of age and must have an LLB degree from an Indian University. Any advocate 
enrolled in the State Rolls is entitled to practice in all courts of India including the Supreme 
Court. There is an additional requirement of an All India Bar Examination since 2010, which 
Advocates must clear in order to be able to start practice.
 A foreign national may be enrolled on a reciprocal basis with the country of his citizenship, and 
his foreign degree may be recognized by the Council for the purpose. In the absence of such 
UNIT
7
Page 2


Legal Profession in India
Learning Objectives:
Students will be able to:
• Trace the history of Legal Profession in India.
• Describe the main changes brought about by the Advocates Act, 1961.
• Explain the professional duties of an advocate
• Elucidate on women in the Legal profession
• Understand the legal Profession and legal education in India, USA and UK
• Enumerate the opportunities available to Law graduates
A. Brief history
The modern legal profession has its roots in the colonial period where it emerged with the advent of 
Mayor’s court in Madras and Calcutta in 1726 under the Charter of 1726. However, it was only after 
the passing of Legal Practitioner’s Act in 1846 that the doors of legal profession were thrown open to 
the duly qualified, certified practitioners bearing good character. The practitioners could now practise 
irrespective of nationality and religion. Women were still excluded from the legal profession. It was 
through the Legal Practitioner’s (Women) Act, XXIII of 1923 that they were allowed to practise in 
courts.  
The Advocates Act, 1961
With an objective to amend and consolidate the law relating to legal practitioners and to provide for 
the constitution of the Bar Councils and an All-India Bar, The Advocates Act was passed in 1961. The 
main provisions of the Act are;
1. One category of practitioners- ADVOCATE
 After the enactment of the Advocates Act ,1961, all the old categories of practitioners (vakils, 
barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a 
single category called “advocates” who enjoy the right to practice in courts throughout India. 
The Act recognizes only one class of practitioners, that is, Advocates. Advocates have been 
classified as Senior Advocates and other Advocates. An Advocate on the State Rolls is entitled 
to practice as of right before any tribunal, or authority of India, or any court including the 
Supreme Court.
 Advocates: In order to be eligible for enrolment, an Advocate must be: a citizen of India, 
atleast 21 years of age and must have an LLB degree from an Indian University. Any advocate 
enrolled in the State Rolls is entitled to practice in all courts of India including the Supreme 
Court. There is an additional requirement of an All India Bar Examination since 2010, which 
Advocates must clear in order to be able to start practice.
 A foreign national may be enrolled on a reciprocal basis with the country of his citizenship, and 
his foreign degree may be recognized by the Council for the purpose. In the absence of such 
UNIT
7
reciprocity, foreign nationals cannot practice law in India. The Bar Council has released a list of 
foreign degrees that it recognizes.
 Senior Advocate and Advocate on record: The Advocates Act makes a provision for 
two kinds of advocates i.e. Senior Advocates and advocates. However, the Supreme Court of 
India has, in exercise of its rule making power, made a provision for advocate on record. The 
distinction amongst them is as follows:
 (i)  SENIOR ADVOCATES : Senior Advocates are designated as such by the Supreme 
Court of India or by any High Court. The Court can designate any advocate, with his 
consent, as Senior Advocate if in its opinion by virtue of his ability and standing at the 
Bar or special knowledge or experience in law, the said advocate is deserving of such 
distinction (Section 16, Advocates Act, 1961). A Senior Advocate is not entitled to appear 
without an Advocate-on-record in the Supreme Court or without a junior in any other 
court or tribunal in India. He is not entitled to file a vakalatnama in any court or tribunal, or 
accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting 
work of an analogous kind in any Court or Tribunal. A designated senior advocate wears 
a gown with a “flap” at the back.
 (ii)  ADVOCATES-ON-RECORD : Only these advocates are entitled to file any matter or 
document before the Supreme Court. They can also file an appearance or act for a party 
in the Supreme Court. No other High Court in India has a similar provision. 
  If one wants to practice as an Advocate-on-Record (AOR) in the Supreme Court he or she 
needs to practice for 4 years as an advocate and thereafter must intimate to the Supreme 
Court that he has started taking training with a Senior Advocate on record because he 
intends to become an Advocate-on-record. After completion of one year’s training, he has 
to appear for an examination conducted by the Supreme Court itself. After an advocate 
passes this examination he must have a registered office within a radius of 10 miles from 
the Supreme Court building and a registered clerk. Only an AOR can file a vakalatnama 
in the Supreme Court on behalf of a client. Any correspondence by the Supreme Court is 
sent to the AOR.
2.  State Bar Councils
 The Act has created a State Bar Council in each State with the Advocate General of the State 
as an ex- officio member, and 15-25 members elected for a period of five years. Two members 
are to be nominated by the Bar Council of India from amongst advocates on the electoral roll 
of the State Bar Council, to discharge the functions of the State Bar Council.   
 Application for enrolment is made to the State Bar Council. Every State Bar Council shall 
prepare and maintain a roll of advocates in which shall be entered the names and addresses of 
all who are admitted to be advocates on the roll of the State Bar Council under this Act on or 
after the appointed day.
 Functions of State Bar Councils —
 The functions of a State Bar Council are—
 a.  to admit persons as advocates on its roll;
 b. to prepare and maintain such roll;
 c. to entertain and determine cases of misconduct against advocates on its roll;
 d. to safeguard the rights, privileges and interests of advocates on its roll; 
 e. to promote the growth of Bar Associations for the purposes of effective implementation of 
the welfare schemes 
 f. to promote and support law reform; 
 g. to conduct seminars and organise talks on legal topics by eminent jurists and publish 
journals and paper of legal interest;
Page 3


Legal Profession in India
Learning Objectives:
Students will be able to:
• Trace the history of Legal Profession in India.
• Describe the main changes brought about by the Advocates Act, 1961.
• Explain the professional duties of an advocate
• Elucidate on women in the Legal profession
• Understand the legal Profession and legal education in India, USA and UK
• Enumerate the opportunities available to Law graduates
A. Brief history
The modern legal profession has its roots in the colonial period where it emerged with the advent of 
Mayor’s court in Madras and Calcutta in 1726 under the Charter of 1726. However, it was only after 
the passing of Legal Practitioner’s Act in 1846 that the doors of legal profession were thrown open to 
the duly qualified, certified practitioners bearing good character. The practitioners could now practise 
irrespective of nationality and religion. Women were still excluded from the legal profession. It was 
through the Legal Practitioner’s (Women) Act, XXIII of 1923 that they were allowed to practise in 
courts.  
The Advocates Act, 1961
With an objective to amend and consolidate the law relating to legal practitioners and to provide for 
the constitution of the Bar Councils and an All-India Bar, The Advocates Act was passed in 1961. The 
main provisions of the Act are;
1. One category of practitioners- ADVOCATE
 After the enactment of the Advocates Act ,1961, all the old categories of practitioners (vakils, 
barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a 
single category called “advocates” who enjoy the right to practice in courts throughout India. 
The Act recognizes only one class of practitioners, that is, Advocates. Advocates have been 
classified as Senior Advocates and other Advocates. An Advocate on the State Rolls is entitled 
to practice as of right before any tribunal, or authority of India, or any court including the 
Supreme Court.
 Advocates: In order to be eligible for enrolment, an Advocate must be: a citizen of India, 
atleast 21 years of age and must have an LLB degree from an Indian University. Any advocate 
enrolled in the State Rolls is entitled to practice in all courts of India including the Supreme 
Court. There is an additional requirement of an All India Bar Examination since 2010, which 
Advocates must clear in order to be able to start practice.
 A foreign national may be enrolled on a reciprocal basis with the country of his citizenship, and 
his foreign degree may be recognized by the Council for the purpose. In the absence of such 
UNIT
7
reciprocity, foreign nationals cannot practice law in India. The Bar Council has released a list of 
foreign degrees that it recognizes.
 Senior Advocate and Advocate on record: The Advocates Act makes a provision for 
two kinds of advocates i.e. Senior Advocates and advocates. However, the Supreme Court of 
India has, in exercise of its rule making power, made a provision for advocate on record. The 
distinction amongst them is as follows:
 (i)  SENIOR ADVOCATES : Senior Advocates are designated as such by the Supreme 
Court of India or by any High Court. The Court can designate any advocate, with his 
consent, as Senior Advocate if in its opinion by virtue of his ability and standing at the 
Bar or special knowledge or experience in law, the said advocate is deserving of such 
distinction (Section 16, Advocates Act, 1961). A Senior Advocate is not entitled to appear 
without an Advocate-on-record in the Supreme Court or without a junior in any other 
court or tribunal in India. He is not entitled to file a vakalatnama in any court or tribunal, or 
accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting 
work of an analogous kind in any Court or Tribunal. A designated senior advocate wears 
a gown with a “flap” at the back.
 (ii)  ADVOCATES-ON-RECORD : Only these advocates are entitled to file any matter or 
document before the Supreme Court. They can also file an appearance or act for a party 
in the Supreme Court. No other High Court in India has a similar provision. 
  If one wants to practice as an Advocate-on-Record (AOR) in the Supreme Court he or she 
needs to practice for 4 years as an advocate and thereafter must intimate to the Supreme 
Court that he has started taking training with a Senior Advocate on record because he 
intends to become an Advocate-on-record. After completion of one year’s training, he has 
to appear for an examination conducted by the Supreme Court itself. After an advocate 
passes this examination he must have a registered office within a radius of 10 miles from 
the Supreme Court building and a registered clerk. Only an AOR can file a vakalatnama 
in the Supreme Court on behalf of a client. Any correspondence by the Supreme Court is 
sent to the AOR.
2.  State Bar Councils
 The Act has created a State Bar Council in each State with the Advocate General of the State 
as an ex- officio member, and 15-25 members elected for a period of five years. Two members 
are to be nominated by the Bar Council of India from amongst advocates on the electoral roll 
of the State Bar Council, to discharge the functions of the State Bar Council.   
 Application for enrolment is made to the State Bar Council. Every State Bar Council shall 
prepare and maintain a roll of advocates in which shall be entered the names and addresses of 
all who are admitted to be advocates on the roll of the State Bar Council under this Act on or 
after the appointed day.
 Functions of State Bar Councils —
 The functions of a State Bar Council are—
 a.  to admit persons as advocates on its roll;
 b. to prepare and maintain such roll;
 c. to entertain and determine cases of misconduct against advocates on its roll;
 d. to safeguard the rights, privileges and interests of advocates on its roll; 
 e. to promote the growth of Bar Associations for the purposes of effective implementation of 
the welfare schemes 
 f. to promote and support law reform; 
 g. to conduct seminars and organise talks on legal topics by eminent jurists and publish 
journals and paper of legal interest;
185
 h. to organise legal aid to the poor in the prescribed manner;
 i. to manage and invest the funds of the Bar Council;
 j. to provide for the election of its members; 
 k. to visit and inspect Universities 
 l. to perform all other functions conferred on it by or under this Act;
 m. to do all other things necessary for discharging the aforesaid functions. 
 In addition, a State Bar Council may constitute one or more funds in the prescribed manner for 
the purpose of—
 (a)  giving financial assistance to organise welfare schemes for the indigent, disabled or other 
advocates;
 (b)  giving legal aid or advice in accordance with the rules made in this behalf; 
 (c) establishing law libraries.
 A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the 
purposes specified above which shall be credited to the appropriate fund or funds constituted 
under that sub-section.
3.  The Bar Council of India 
 The Indian legal profession includes both the practice of law and legal education. To regulate 
both, The Advocates Act established an All India Bar Council, with the Attorney-General and 
Solicitor General of India as ex-officio members of the Bar Council. The All India Bar Council 
has one member elected to it by each State Bar Council and it elects its own Chairman and Vice 
Chairman. 
History of Bar Council of India
The Government of India in 1923 appointed the Indian Bar Committee, popularly known as the 
Chamier Committee to address the existing disparities in the Legal profession. It was chaired by 
Sir Edward Chamier, a retired Chief Justice of the Patna High Court). The Committee in its report 
stated that it was not practical at that time to organize the Bar on an all-India basis. However, the 
Committee suggested the establishment of Bar Council for each of the High Courts. The Committee 
suggested that a Bar Council should have power to make rules in matters such as qualifications 
and admission of persons to be Advocates of the concerned High Court, legal education, discipline 
and professional conduct of Advocates, terms on which Advocates of another High Court could 
appear occasionally in the concerned High Court or any other matter prescribed by the High 
Court. Giving effect to the Chamier Committee recommendations, the Central Legislature enacted 
the Indian Bar Councils Act, 1926. The Act was to provide for the constitution and incorporation 
of Bar Councils, to confer powers and impose duties on the Bar Councils and to consolidate the 
regulations pertaining to the legal profession. The Bar Councils could, with the consent of the 
High Court, make rules for: a) the rights and duties of Advocates of High Court and professional 
conduct; and b) legal education and examinations. The Bar Council of India was established under 
the Advocates’ Act 1961.
The Bar Council of India performs the regulatory function by prescribing standards of professional 
conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets standards for 
legal education and grants recognition to Universities whose degree in law will serve as qualification 
for enrolment as an advocate. It regulates the content, syllabus, duration of the law degree, subject 
to which every University can lay down its own provisions. The Council has a Legal Education 
Committee for this purpose. State Council rules need to be approved by the Bar Council, however 
the Central Government has overriding power to make rules. 
Page 4


Legal Profession in India
Learning Objectives:
Students will be able to:
• Trace the history of Legal Profession in India.
• Describe the main changes brought about by the Advocates Act, 1961.
• Explain the professional duties of an advocate
• Elucidate on women in the Legal profession
• Understand the legal Profession and legal education in India, USA and UK
• Enumerate the opportunities available to Law graduates
A. Brief history
The modern legal profession has its roots in the colonial period where it emerged with the advent of 
Mayor’s court in Madras and Calcutta in 1726 under the Charter of 1726. However, it was only after 
the passing of Legal Practitioner’s Act in 1846 that the doors of legal profession were thrown open to 
the duly qualified, certified practitioners bearing good character. The practitioners could now practise 
irrespective of nationality and religion. Women were still excluded from the legal profession. It was 
through the Legal Practitioner’s (Women) Act, XXIII of 1923 that they were allowed to practise in 
courts.  
The Advocates Act, 1961
With an objective to amend and consolidate the law relating to legal practitioners and to provide for 
the constitution of the Bar Councils and an All-India Bar, The Advocates Act was passed in 1961. The 
main provisions of the Act are;
1. One category of practitioners- ADVOCATE
 After the enactment of the Advocates Act ,1961, all the old categories of practitioners (vakils, 
barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a 
single category called “advocates” who enjoy the right to practice in courts throughout India. 
The Act recognizes only one class of practitioners, that is, Advocates. Advocates have been 
classified as Senior Advocates and other Advocates. An Advocate on the State Rolls is entitled 
to practice as of right before any tribunal, or authority of India, or any court including the 
Supreme Court.
 Advocates: In order to be eligible for enrolment, an Advocate must be: a citizen of India, 
atleast 21 years of age and must have an LLB degree from an Indian University. Any advocate 
enrolled in the State Rolls is entitled to practice in all courts of India including the Supreme 
Court. There is an additional requirement of an All India Bar Examination since 2010, which 
Advocates must clear in order to be able to start practice.
 A foreign national may be enrolled on a reciprocal basis with the country of his citizenship, and 
his foreign degree may be recognized by the Council for the purpose. In the absence of such 
UNIT
7
reciprocity, foreign nationals cannot practice law in India. The Bar Council has released a list of 
foreign degrees that it recognizes.
 Senior Advocate and Advocate on record: The Advocates Act makes a provision for 
two kinds of advocates i.e. Senior Advocates and advocates. However, the Supreme Court of 
India has, in exercise of its rule making power, made a provision for advocate on record. The 
distinction amongst them is as follows:
 (i)  SENIOR ADVOCATES : Senior Advocates are designated as such by the Supreme 
Court of India or by any High Court. The Court can designate any advocate, with his 
consent, as Senior Advocate if in its opinion by virtue of his ability and standing at the 
Bar or special knowledge or experience in law, the said advocate is deserving of such 
distinction (Section 16, Advocates Act, 1961). A Senior Advocate is not entitled to appear 
without an Advocate-on-record in the Supreme Court or without a junior in any other 
court or tribunal in India. He is not entitled to file a vakalatnama in any court or tribunal, or 
accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting 
work of an analogous kind in any Court or Tribunal. A designated senior advocate wears 
a gown with a “flap” at the back.
 (ii)  ADVOCATES-ON-RECORD : Only these advocates are entitled to file any matter or 
document before the Supreme Court. They can also file an appearance or act for a party 
in the Supreme Court. No other High Court in India has a similar provision. 
  If one wants to practice as an Advocate-on-Record (AOR) in the Supreme Court he or she 
needs to practice for 4 years as an advocate and thereafter must intimate to the Supreme 
Court that he has started taking training with a Senior Advocate on record because he 
intends to become an Advocate-on-record. After completion of one year’s training, he has 
to appear for an examination conducted by the Supreme Court itself. After an advocate 
passes this examination he must have a registered office within a radius of 10 miles from 
the Supreme Court building and a registered clerk. Only an AOR can file a vakalatnama 
in the Supreme Court on behalf of a client. Any correspondence by the Supreme Court is 
sent to the AOR.
2.  State Bar Councils
 The Act has created a State Bar Council in each State with the Advocate General of the State 
as an ex- officio member, and 15-25 members elected for a period of five years. Two members 
are to be nominated by the Bar Council of India from amongst advocates on the electoral roll 
of the State Bar Council, to discharge the functions of the State Bar Council.   
 Application for enrolment is made to the State Bar Council. Every State Bar Council shall 
prepare and maintain a roll of advocates in which shall be entered the names and addresses of 
all who are admitted to be advocates on the roll of the State Bar Council under this Act on or 
after the appointed day.
 Functions of State Bar Councils —
 The functions of a State Bar Council are—
 a.  to admit persons as advocates on its roll;
 b. to prepare and maintain such roll;
 c. to entertain and determine cases of misconduct against advocates on its roll;
 d. to safeguard the rights, privileges and interests of advocates on its roll; 
 e. to promote the growth of Bar Associations for the purposes of effective implementation of 
the welfare schemes 
 f. to promote and support law reform; 
 g. to conduct seminars and organise talks on legal topics by eminent jurists and publish 
journals and paper of legal interest;
185
 h. to organise legal aid to the poor in the prescribed manner;
 i. to manage and invest the funds of the Bar Council;
 j. to provide for the election of its members; 
 k. to visit and inspect Universities 
 l. to perform all other functions conferred on it by or under this Act;
 m. to do all other things necessary for discharging the aforesaid functions. 
 In addition, a State Bar Council may constitute one or more funds in the prescribed manner for 
the purpose of—
 (a)  giving financial assistance to organise welfare schemes for the indigent, disabled or other 
advocates;
 (b)  giving legal aid or advice in accordance with the rules made in this behalf; 
 (c) establishing law libraries.
 A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the 
purposes specified above which shall be credited to the appropriate fund or funds constituted 
under that sub-section.
3.  The Bar Council of India 
 The Indian legal profession includes both the practice of law and legal education. To regulate 
both, The Advocates Act established an All India Bar Council, with the Attorney-General and 
Solicitor General of India as ex-officio members of the Bar Council. The All India Bar Council 
has one member elected to it by each State Bar Council and it elects its own Chairman and Vice 
Chairman. 
History of Bar Council of India
The Government of India in 1923 appointed the Indian Bar Committee, popularly known as the 
Chamier Committee to address the existing disparities in the Legal profession. It was chaired by 
Sir Edward Chamier, a retired Chief Justice of the Patna High Court). The Committee in its report 
stated that it was not practical at that time to organize the Bar on an all-India basis. However, the 
Committee suggested the establishment of Bar Council for each of the High Courts. The Committee 
suggested that a Bar Council should have power to make rules in matters such as qualifications 
and admission of persons to be Advocates of the concerned High Court, legal education, discipline 
and professional conduct of Advocates, terms on which Advocates of another High Court could 
appear occasionally in the concerned High Court or any other matter prescribed by the High 
Court. Giving effect to the Chamier Committee recommendations, the Central Legislature enacted 
the Indian Bar Councils Act, 1926. The Act was to provide for the constitution and incorporation 
of Bar Councils, to confer powers and impose duties on the Bar Councils and to consolidate the 
regulations pertaining to the legal profession. The Bar Councils could, with the consent of the 
High Court, make rules for: a) the rights and duties of Advocates of High Court and professional 
conduct; and b) legal education and examinations. The Bar Council of India was established under 
the Advocates’ Act 1961.
The Bar Council of India performs the regulatory function by prescribing standards of professional 
conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets standards for 
legal education and grants recognition to Universities whose degree in law will serve as qualification 
for enrolment as an advocate. It regulates the content, syllabus, duration of the law degree, subject 
to which every University can lay down its own provisions. The Council has a Legal Education 
Committee for this purpose. State Council rules need to be approved by the Bar Council, however 
the Central Government has overriding power to make rules. 
186
In addition, it performs certain representative functions by protecting the rights, privileges and interests 
of advocates and through the creation of funds for providing financial assistance to organise welfare. 
The regulatory and representative mandate of the Bar Council for the legal profession and legal 
education in India is reflected by its statutory functions which are as follows - 
•	 To lay down standards of professional conduct and etiquette for advocates. 
•	 To lay down the procedure to be followed by its disciplinary committee and the disciplinary 
committees of each State Bar Council. 
•	 To safeguard the rights, privileges and interests of advocates. 
•	 To promote and support law reform. 
•	 To deal with and dispose of any matter which may be referred to it by a State Bar Council. 
•	 To promote legal education and to lay down standards of legal education. This is done in 
consultation with the Universities in India imparting legal education and the State Bar Councils. 
•	 To recognise Universities whose degree in law shall be a qualification for enrolment as an 
advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar 
Councils to visit and inspect Universities for this purpose. 
•	 To conduct seminars and talks on legal topics by eminent jurists and publish journals and 
papers of legal interest. 
•	 To organise legal aid to the poor. 
•	 To recognise on a reciprocal basis, the foreign qualifications in law obtained outside India for 
the purpose of admission as an advocate in India. 
•	 To manage and invest the funds of the Bar Council. 
•	 To provide for the election of its members who shall run the Bar Councils.
B. Lawyers and Professional Ethics 
The Bar Council of India Rules encompass professional standards for lawyers, as laid down by the 
Bar Council. The key duties and responsibilities of an Advocate can be summarised as follows:  
Professional Duties of an Advocate 
An Advocate has a duty to act in a dignified manner, to respect the court, not to communicate with 
a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to 
refuse to represent clients who insist on adopting unfair means. In addition, being an office of the 
Court, an Advocate is expected to uphold and maintain the values of the profession. 
Furthermore, an Advocate’s duties towards the client include being bound to accept briefs, not to 
withdraw from service, not to appear in matters where he/she is a witness, not to suppress material 
or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation 
or charge contingency fee (fee depending on success or favourable result of matters). There is a 
general duty to ensure that his/her duties do not conflict with the client’s interests. An Advocate 
is also expected not to negotiate directly with the opposing party (only through the opposing 
advocate) and to carry out legitimate promises made. Breach of these rules and standards of 
conduct lead to disciplinary action against advocates which may result in suspension or debarment.  
(Source: Bar Council of India)
Recommended Reading: http://www.barcouncilofindia.org/about/professional-standards/rules-on-
professional-standards/
Page 5


Legal Profession in India
Learning Objectives:
Students will be able to:
• Trace the history of Legal Profession in India.
• Describe the main changes brought about by the Advocates Act, 1961.
• Explain the professional duties of an advocate
• Elucidate on women in the Legal profession
• Understand the legal Profession and legal education in India, USA and UK
• Enumerate the opportunities available to Law graduates
A. Brief history
The modern legal profession has its roots in the colonial period where it emerged with the advent of 
Mayor’s court in Madras and Calcutta in 1726 under the Charter of 1726. However, it was only after 
the passing of Legal Practitioner’s Act in 1846 that the doors of legal profession were thrown open to 
the duly qualified, certified practitioners bearing good character. The practitioners could now practise 
irrespective of nationality and religion. Women were still excluded from the legal profession. It was 
through the Legal Practitioner’s (Women) Act, XXIII of 1923 that they were allowed to practise in 
courts.  
The Advocates Act, 1961
With an objective to amend and consolidate the law relating to legal practitioners and to provide for 
the constitution of the Bar Councils and an All-India Bar, The Advocates Act was passed in 1961. The 
main provisions of the Act are;
1. One category of practitioners- ADVOCATE
 After the enactment of the Advocates Act ,1961, all the old categories of practitioners (vakils, 
barristers, pleaders of several grades, and mukhtars) were abolished and consolidated into a 
single category called “advocates” who enjoy the right to practice in courts throughout India. 
The Act recognizes only one class of practitioners, that is, Advocates. Advocates have been 
classified as Senior Advocates and other Advocates. An Advocate on the State Rolls is entitled 
to practice as of right before any tribunal, or authority of India, or any court including the 
Supreme Court.
 Advocates: In order to be eligible for enrolment, an Advocate must be: a citizen of India, 
atleast 21 years of age and must have an LLB degree from an Indian University. Any advocate 
enrolled in the State Rolls is entitled to practice in all courts of India including the Supreme 
Court. There is an additional requirement of an All India Bar Examination since 2010, which 
Advocates must clear in order to be able to start practice.
 A foreign national may be enrolled on a reciprocal basis with the country of his citizenship, and 
his foreign degree may be recognized by the Council for the purpose. In the absence of such 
UNIT
7
reciprocity, foreign nationals cannot practice law in India. The Bar Council has released a list of 
foreign degrees that it recognizes.
 Senior Advocate and Advocate on record: The Advocates Act makes a provision for 
two kinds of advocates i.e. Senior Advocates and advocates. However, the Supreme Court of 
India has, in exercise of its rule making power, made a provision for advocate on record. The 
distinction amongst them is as follows:
 (i)  SENIOR ADVOCATES : Senior Advocates are designated as such by the Supreme 
Court of India or by any High Court. The Court can designate any advocate, with his 
consent, as Senior Advocate if in its opinion by virtue of his ability and standing at the 
Bar or special knowledge or experience in law, the said advocate is deserving of such 
distinction (Section 16, Advocates Act, 1961). A Senior Advocate is not entitled to appear 
without an Advocate-on-record in the Supreme Court or without a junior in any other 
court or tribunal in India. He is not entitled to file a vakalatnama in any court or tribunal, or 
accept instructions to draft pleading or affidavits, advice on evidence or to do any drafting 
work of an analogous kind in any Court or Tribunal. A designated senior advocate wears 
a gown with a “flap” at the back.
 (ii)  ADVOCATES-ON-RECORD : Only these advocates are entitled to file any matter or 
document before the Supreme Court. They can also file an appearance or act for a party 
in the Supreme Court. No other High Court in India has a similar provision. 
  If one wants to practice as an Advocate-on-Record (AOR) in the Supreme Court he or she 
needs to practice for 4 years as an advocate and thereafter must intimate to the Supreme 
Court that he has started taking training with a Senior Advocate on record because he 
intends to become an Advocate-on-record. After completion of one year’s training, he has 
to appear for an examination conducted by the Supreme Court itself. After an advocate 
passes this examination he must have a registered office within a radius of 10 miles from 
the Supreme Court building and a registered clerk. Only an AOR can file a vakalatnama 
in the Supreme Court on behalf of a client. Any correspondence by the Supreme Court is 
sent to the AOR.
2.  State Bar Councils
 The Act has created a State Bar Council in each State with the Advocate General of the State 
as an ex- officio member, and 15-25 members elected for a period of five years. Two members 
are to be nominated by the Bar Council of India from amongst advocates on the electoral roll 
of the State Bar Council, to discharge the functions of the State Bar Council.   
 Application for enrolment is made to the State Bar Council. Every State Bar Council shall 
prepare and maintain a roll of advocates in which shall be entered the names and addresses of 
all who are admitted to be advocates on the roll of the State Bar Council under this Act on or 
after the appointed day.
 Functions of State Bar Councils —
 The functions of a State Bar Council are—
 a.  to admit persons as advocates on its roll;
 b. to prepare and maintain such roll;
 c. to entertain and determine cases of misconduct against advocates on its roll;
 d. to safeguard the rights, privileges and interests of advocates on its roll; 
 e. to promote the growth of Bar Associations for the purposes of effective implementation of 
the welfare schemes 
 f. to promote and support law reform; 
 g. to conduct seminars and organise talks on legal topics by eminent jurists and publish 
journals and paper of legal interest;
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 h. to organise legal aid to the poor in the prescribed manner;
 i. to manage and invest the funds of the Bar Council;
 j. to provide for the election of its members; 
 k. to visit and inspect Universities 
 l. to perform all other functions conferred on it by or under this Act;
 m. to do all other things necessary for discharging the aforesaid functions. 
 In addition, a State Bar Council may constitute one or more funds in the prescribed manner for 
the purpose of—
 (a)  giving financial assistance to organise welfare schemes for the indigent, disabled or other 
advocates;
 (b)  giving legal aid or advice in accordance with the rules made in this behalf; 
 (c) establishing law libraries.
 A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the 
purposes specified above which shall be credited to the appropriate fund or funds constituted 
under that sub-section.
3.  The Bar Council of India 
 The Indian legal profession includes both the practice of law and legal education. To regulate 
both, The Advocates Act established an All India Bar Council, with the Attorney-General and 
Solicitor General of India as ex-officio members of the Bar Council. The All India Bar Council 
has one member elected to it by each State Bar Council and it elects its own Chairman and Vice 
Chairman. 
History of Bar Council of India
The Government of India in 1923 appointed the Indian Bar Committee, popularly known as the 
Chamier Committee to address the existing disparities in the Legal profession. It was chaired by 
Sir Edward Chamier, a retired Chief Justice of the Patna High Court). The Committee in its report 
stated that it was not practical at that time to organize the Bar on an all-India basis. However, the 
Committee suggested the establishment of Bar Council for each of the High Courts. The Committee 
suggested that a Bar Council should have power to make rules in matters such as qualifications 
and admission of persons to be Advocates of the concerned High Court, legal education, discipline 
and professional conduct of Advocates, terms on which Advocates of another High Court could 
appear occasionally in the concerned High Court or any other matter prescribed by the High 
Court. Giving effect to the Chamier Committee recommendations, the Central Legislature enacted 
the Indian Bar Councils Act, 1926. The Act was to provide for the constitution and incorporation 
of Bar Councils, to confer powers and impose duties on the Bar Councils and to consolidate the 
regulations pertaining to the legal profession. The Bar Councils could, with the consent of the 
High Court, make rules for: a) the rights and duties of Advocates of High Court and professional 
conduct; and b) legal education and examinations. The Bar Council of India was established under 
the Advocates’ Act 1961.
The Bar Council of India performs the regulatory function by prescribing standards of professional 
conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets standards for 
legal education and grants recognition to Universities whose degree in law will serve as qualification 
for enrolment as an advocate. It regulates the content, syllabus, duration of the law degree, subject 
to which every University can lay down its own provisions. The Council has a Legal Education 
Committee for this purpose. State Council rules need to be approved by the Bar Council, however 
the Central Government has overriding power to make rules. 
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In addition, it performs certain representative functions by protecting the rights, privileges and interests 
of advocates and through the creation of funds for providing financial assistance to organise welfare. 
The regulatory and representative mandate of the Bar Council for the legal profession and legal 
education in India is reflected by its statutory functions which are as follows - 
•	 To lay down standards of professional conduct and etiquette for advocates. 
•	 To lay down the procedure to be followed by its disciplinary committee and the disciplinary 
committees of each State Bar Council. 
•	 To safeguard the rights, privileges and interests of advocates. 
•	 To promote and support law reform. 
•	 To deal with and dispose of any matter which may be referred to it by a State Bar Council. 
•	 To promote legal education and to lay down standards of legal education. This is done in 
consultation with the Universities in India imparting legal education and the State Bar Councils. 
•	 To recognise Universities whose degree in law shall be a qualification for enrolment as an 
advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar 
Councils to visit and inspect Universities for this purpose. 
•	 To conduct seminars and talks on legal topics by eminent jurists and publish journals and 
papers of legal interest. 
•	 To organise legal aid to the poor. 
•	 To recognise on a reciprocal basis, the foreign qualifications in law obtained outside India for 
the purpose of admission as an advocate in India. 
•	 To manage and invest the funds of the Bar Council. 
•	 To provide for the election of its members who shall run the Bar Councils.
B. Lawyers and Professional Ethics 
The Bar Council of India Rules encompass professional standards for lawyers, as laid down by the 
Bar Council. The key duties and responsibilities of an Advocate can be summarised as follows:  
Professional Duties of an Advocate 
An Advocate has a duty to act in a dignified manner, to respect the court, not to communicate with 
a judge in private and impair impartiality, not to act in an illegal manner towards the opposition, to 
refuse to represent clients who insist on adopting unfair means. In addition, being an office of the 
Court, an Advocate is expected to uphold and maintain the values of the profession. 
Furthermore, an Advocate’s duties towards the client include being bound to accept briefs, not to 
withdraw from service, not to appear in matters where he/she is a witness, not to suppress material 
or evidence. An Advocate also has to maintain client confidentiality and not to instigate litigation 
or charge contingency fee (fee depending on success or favourable result of matters). There is a 
general duty to ensure that his/her duties do not conflict with the client’s interests. An Advocate 
is also expected not to negotiate directly with the opposing party (only through the opposing 
advocate) and to carry out legitimate promises made. Breach of these rules and standards of 
conduct lead to disciplinary action against advocates which may result in suspension or debarment.  
(Source: Bar Council of India)
Recommended Reading: http://www.barcouncilofindia.org/about/professional-standards/rules-on-
professional-standards/
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C. Advertising by Lawyers 
The right of advocates to advertise their services or solicit clients has been a controversial issue 
in the field of legal ethics and professionalism. In India advertising by lawyers has been strictly 
restricted by the Bar Council of India. An advocate is prohibited from promoting himself through 
circulars, advertisements, touts, personal communications, interviews other than through personal 
relations, furnishing or inspiring newspaper comments or producing his photographs to be published 
in connection with cases in which he has been engaged or concerned. An amendment to this rule 
allows advocates to furnish certain information on their websites after intimating and taking approval 
from the Bar Council of India. However, only 5 pieces of information can be put up on the internet, 
i.e., (i) the name of the advocate or the firm, (ii) the contact details, (iii) details of enrolment with the 
Bar, (iv) his professional and academic qualification and (v) the areas of practice. 
However, different countries across the world allow advertising by lawyers to varying degrees. The 
position in the USA is different from that in India, where lawyers have a right to advertise but subject 
to reasonable restrictions. There are different rules of professional ethics for different states and there is 
also the Model Rules of Professional Conduct which serves as an indicative reference point. Rule 7.1 
of the Model Rules prohibits false and misleading communication about services, rule 7.2 addresses 
advertising and referrals, rule 7.3 articulates no- solicitation periods (e.g. families and victims of 
mass disasters are off limits for 30-45 days). Lawyers in the US can provide information about class 
actions, can approach clients by handing out business cards and can advertise on internet forums. 
For class actions, solicitation through referrals is permissible, newspaper and magazine ads and even 
mass emails are permitted as long as they are not misleading, and no financial incentive is promised. 
Personal injury ads are commonplace in the USA. Often known as ‘ambulance chasers’, these personal 
injury lawyers are robust in their advertising- on billboards, newspapers, flyers, and even distasteful 
ads on the television. However, ambulance chasing is not representative of professional practice in 
India since these class of lawyers are the sort who solicit business by lurking around hospitals or by 
ads in newspapers and in Yellow Pages with toll free numbers and “free” consultations. 
However, it is a matter of debate whether the Victorian tradition (UK has itself done away with the 
prohibition) should be retained within which law was considered to be a noble profession and hence 
advertising was prohibited so as to not tarnish the image of lawyers. 
The issue of allowing advertising and solicitation by lawyers requires balancing the interest of the 
public which includes getting information on legal rights and services through advertisements and 
enhancement of access to justice and the legal profession on one hand and the possible misuse of 
advertising techniques by lawyers which may lead to a loss of credibility of the profession as a whole. 
Countries like USA, UK and France are more flexible with granting permission for legal ads whereas 
Hong Kong, Singapore and Malaysia are moving towards progressive relaxation. In Malaysia, for 
example, the Legal Profession (Publicity Rules), 2001, is a simple, comprehensive code that regulates 
ads in legal and non- legal directories, controls publication of journals, magazines, brochures and 
newsletters and interviews in the media, bars publicity through clients and even regulates greeting 
cards. In Hong Kong, lawyers are forbidden to advertise on television, radio and in the cinemas but 
are permitted to advertise in print media. 
Recommended Reading: https://articles.manupatra.com/article-details/Rethinking-the-Prohibition-on-
Advertising-for-Advocates
D. Liberalization and Globalization of legal profession
D.i. Liberalization of Legal profession in India
It is the era of globalisation that called for removal of barriers in trade and services to liberalise 
economies. It was in 1990’s that for the first time ever, RBI granted permission to three law firms to 
establish their liaison offices in India. Later, in 1995, the General Agreement on Trade in services 
(GATS) under World Trade Organisation (WTO) came into force. Under GATS a credible and reliable 
system for liberalising legal services was created that applies to the liberalising the legal profession and 
Corporate Legal Services also.  It is therefore that the legal advisory, legal documentation services,