Chapter 1 Historical Perspective of Legal Profession
Chapter 1 Historical Perspective of Legal Profession
Chapter 1 Historical Perspective of Legal Profession
Profession In India
1. Legal Profession in Pre-British India
In Pre-British India, Legal Profession was not as organised as today.
Actually, the legal profession as it exists today was created and developed· during the
British Period.
During the Hindu period the Courts derived their authority from the King who
was considered the fountain head of justice. The King's Court was superior to all other
courts. The King was advised by his Councellor in hearing and deciding the case but
he was not bound by their advice. The institution of lawyer as it exists today was not
in existence during this period.
The plaintiff was required to present plaint before the Court and thereafter the
Court could direct the defendant to submit his reply. Thereafter the Court was required
to investigate the matter and deliver its judgment. The Courts delivered judgment on
the basis of evidence gathered from various sources, e.g., witnesses, documents, etc.
Ordeal was also recognised as means of proof.
According to RP. Kangle there is no mention in the Kautilya's Arthasastra
about the existence of legal profession and therefore most probably such a class did
not exist. However, Justice Ashutosh Mukherjee has expressed a contrary opinion.
According to him the legal profession was in existence during the Hindu Period.
During the Muslim period the litigants were represented by a body of persons
known as vakils. The vakil was paid a percentage of the amount in the suits. The
Court of the native administrations concerned determined who should be allowed to
appear as Vakil in a Zilla Court. Even during this period, the legal profession was not
organised. The Vakils acted more as agents for principals than as lawyer.