5.

Elucidate the historical background of the legal profession in

India

During the Hindu Rule and Mughal Dynasty period the administration of justice was
in the hands of the King and the Kings court.

The first time in India, the legal profession was recognized by the Charter Act of
1774.This Act has permitted the English lawyers to practice in the Supreme Court of
Calcutta, later on, the English lawyers were allowed to practice in the Madras
Supreme Court and in the Bombay Supreme Court, but Indian Lawyers were not
allowed to Practice in those courts. (In 1826 these 3 Supreme Courts were abolished
and in that place High Courts were Created)

Development:

In 1865, the Special Rights Act has conferred the right to the Madras, Bombay and
Calcutta High Courts to frame rules for the recognition of Advocates and for
preparing the Advocates roll.

In 1879, the legal practitioner’s Act has conferred the similar power to the other High
court. As per this Act Persons studied Law in England Were called as Advocates and
persons studied Law in India were called as “Vakils”.The “Vakils” were not allowed to
practice before the High Courts.

The Advocates Committee, constituted under the leadership of Sir. Edward in 1923
has recommended for the creation of Bar Councils in each High Court and allowing
the “Vakils” to practice before the High Court.

Accepting the recommendation Bar Council Act was passed in 1926.

After Independence: The Advocates Committee, constituted under the

chairmanship of Justice C.R. Das in 1951 has made the following recommendations.

a. All India level, one Bar Council namely Bar Council of India and in each state,
State Bar Council should be created.
b. Power to enroll Advocates and disciplinary power against the Advocates
should be entrusted with the Bar Council.
c. Advocates should be allowed to practice throughout India without any
discrimination.

Accepting these recommendations, the Central Govt. passed the Advocates Act in
the year 1961 giving suitable provision for creation of Bar Councils and the Bar
Councils are entrusted with the power of regulating the legal profession.
6. Public Interest and Fundamental Rights

Fundamental Rights are the basic rights of the common people and inalienable
rights of the people who enjoy it under the charter of rights contained in Part
III(Article 12 to 35) of Constitution of India.

The six fundamental rights recognised by the Indian constitution are

The right to equality – It includes equality before law, prohibition of discrimination

on grounds of religion, race, caste, gender or place of birth, and equality of
opportunity in matters of employment, abolition of untouchability and abolition of
titles

The right to freedom – It includes freedom of speech and expression, assembly,

association or union or cooperatives, movement, residence, and right to practice any
profession or occupation, right to life and liberty, protection in respect to conviction in
offences and protection against arrest and detention in certain cases.

The right against exploitation – It prohibits all forms of forced labour, child labour
and trafficking of human beings.

The right to freedom of religion – It includes freedom of conscience and free

profession, practice, and propagation of religion, freedom to manage religious affairs,
freedom from certain taxes and freedom from religious instructions in certain
educational institutes.

The cultural and educational rights – It preserve the right of any section of citizens
to conserve their culture, language or script, and right of minorities to establish and
administer educational institutions of their choice.

The right to constitutional remedies. – It is present for enforcement of

Fundamental Rights. The right to privacy is an intrinsic part of Article 21(Right to
Freedom) that protects life and liberty of the citizens. [1]
7. Qualifications of persons who are entitled to be enrolled as an
Advocate in State role.

Section 24 in THE ADVOCATES ACT, 1961

Subject to the provisions of this Act, a person shall be qualified to be admitted as an

advocate on a State roll, if he fulfills the following conditions, namely:—

A. he is a citizen of India:
B. he has completed the age of twenty-one years;
C. he has obtained a degree in law—
D. he fulfils such other conditions as may be specified in the rules made by the
State Bar Council
E. he has paid stamp duty, if any, in respect of the enrolment and an enrolment
fee payable to the State Bar Council of
F. He makes an application for such enrolment in accordance with the provisions
of this Act, not later than two years from the appointed day.