Background to legal profession in india

  1. Brief History of law in India « The Bar Council of India
  2. Setting the Stage (Section I)
  3. Indian courts and professional ethics
  4. Visiting the future of legal profession and practice in India


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Brief History of law in India « The Bar Council of India

Brief History of law in India Law in India has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law. India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists. Secular law in India varied widely from region to region and from ruler to ruler. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. Excellent secular court systems existed under the Mauryas (321-185 BCE) and the Mughals (16 th – 19 th centuries) with the latter giving way to the current common law system. Law in British-ruled India The common law system – a system of law based on recorded judicial precedents- came to India with the British East India Company. The company was granted charter by King George I in 1726 to establish “Mayor’s Courts” in Madras, Bombay and Calcutta (now Chennai, Mumbai and Kolkata respectively). Judicial functions of the company expanded substantially after its victory in Battle of Plassey and by 1772 company’s c...

Setting the Stage (Section I)

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Indian courts and professional ethics

Table of Contents • • • • • • • • • • • • • • • Introduction Ethics and the legal profession are closely related. The practice of law is a noble profession. Therefore, conforming one’s conduct and behaviours to a certain set of professional norms is an important aspect of this profession. Legal ethics can be simply defined as a code of conduct which may be written or unwritten. Such a code of conduct is meant to regulate the behaviour of a practising legal professional towards the court, the presiding judge, his client and his adversaries in the courtrooms. It can be agreed that ethics is a fundamental prerequisite in any profession and not just the legal profession. Thus on a general note Ethics basically denotes human behaviour and their standard of moralities. A lawyer or an advocate must obey certain professional codes with regard to the standards of fair dealing with the client and also includes the standard of confidentiality required between them and uphold the self-possession. The Government of India established The Bar council of India which is a statutory body under the Advocate Act, 1961 . This article attempts to provide an exhaustive outlook of the standards of legal ethics to be met with, in the Indian courts and in advocate-client relationships. The object of professional ethics The primary object of ethics in advocacy is to maintain the dignity and integrity of the legal profession. Legal ethics ensure that the legal fraternity serves the society honestly a...

Visiting the future of legal profession and practice in India

Table of Contents • • • • • • • • • • • • • • • Introduction Litigation is one of the traditional choices that a law graduate usually makes. But in the modern world different areas of work are emerging in the legal profession. Different areas like media law, cyber-security laws and technology law have a lot more to offer to fresh graduates. Today, lawyers find it tough to make a career in litigation because of the low income and high competition. However, they are more into corporate jobs and want to work in an area in which they can make more money. Experienced lawyers find it easy to get clients but looking at the modern scenario, young lawyers are considered better. Young lawyers understand the socio-economic changes in the practice of today’s law because they have the physical, mental or emotional stamina. They can do better while dealing with the changes in the practice of law as compared to the old lawyers. For example, in law firms, hiring young lawyers has proven to be more beneficial. Grooming the young lawyers – a growing necessity Out of all the professions, law is the most ideal and honourable one. Young lawyers must know what their profession stands for and how they can elevate this profession and for this to happen grooming plays an important role. With the rapid industrialization and globalization of the economy, the law has also evolved. This presents the fresh graduates with many dimensions of the legal profession. There are many new areas other than pra...