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29

Role of Legal Profession in India

Posted 29. November 2022 by Logistik-Express in Allgemein

The revolving door. The public and private sectors in India, particularly government agencies and law firms, are increasingly interconnected through professional mobility. In other words, people who work at or with regulators leave their offices to start or join private practices. Similarly, private practice professionals who wish to work more closely with policymakers are turning to the public sector. This revolving door creates familiarity, but also suggests that talent, knowledge and institutional memory are also changing. This, Zaveri explains, creates a closer partnership between regulators and law firms: 1 The Law Commission of India, Report on Reform of Judicial Administration (14th Report of 1958, Vol. 1 page 556) The purpose of the law is to preserve the moral holiness that unites society. Hence the expression “the profession of lawyer is a noble profession”. It is a profession focused on service and serving society. The legal profession, which has become a more professional and advanced field, has played an important role in this country and around the world, as a consultant, advocate for the rights of ordinary people and as a professional. The Charter of 1753 was issued to amend the Charter of 1726, but even this Charter did not contain essential provisions for the legal education and training of jurists. [2] Legal, Legal Profession – Introduction, History, Regulation, www.legalbites.in/legal-profession-introduction-history-regulation/ (last accessed 23 January 2020, 15:16 (IST)).

The Indian Bar Council Act 1926 did not satisfy the Bar Association. Law societies are not given significant powers, they are simply advisory bodies within the meaning of the law. In 1951, a committee called the All India Bar Committee was appointed under the chairmanship of Justice S.R. Das. The committee recommended the establishment of an All India Bar Council and a State Bar Council. Subject to certain safeguards, the Committee proposed that the powers of registration, suspension and removal of lawyers be transferred to the bar associations. He recommended that there be no more recruitment of non-graduate leaders or mukhtars. It further recommended that there be a common role for lawyers, who should be entitled to practise in all courts in the country.

In its fourteenth report submitted in 1958, the Fifth Law Commission recommended the establishment of a unified bar for all India. He also recommended splitting the Bar Association into senior counsel and lawyers. (5) Organization of legal aid for the poor in the prescribed manner; The Indian legal profession has grown in a short time from less than 50 years to the largest branch of the profession in the world. In India, it is one of the most influential professions involved in the government of the country. It sufficiently reflects the diversity of Indian society, its social hierarchies and realities, while delivering justice effectively when it comes to delivering justice to litigants through the courts, despite the massive pressure exerted by courts and legal institutions, given their unimaginable overload. The uniform structure of the Indian Bar Association is a blessing in this regard. The function of lawyer therefore imposes on him a multitude of legal and moral obligations towards the client; courts and other authorities before which the lawyer represents or acts on behalf of the client; the legal profession in general and any other member in particular; the public, for whom the existence of a liberal and independent profession is in itself an essential means of safeguarding human rights in the face of State power and other social interests. I wanted to know: Was it just me who was so special, or was there a larger group in the legal profession that had that influence? On closer inspection, it boiled down to three central research questions: First, did I actually have this influence on politics or was it simply my perception of my own work? If I really had that influence, it probably meant that others like me – that is, working in Indian law firms and interacting with regulators at the same time – have a similar influence on politics. Were there others who had this influence? And finally, if this were the case, was it possible to quantify this influence? In this module of “Litigation: The Role of Advocacy and Ethics”, we would examine the importance of advocacy in court proceedings and how ethics is a critical determinant of achieving the objectives of this process. To conduct this study, the module will briefly discuss the history of the legal profession and important developments that have taken place over the years, followed by a study of the current institutions that make up and manage the legal profession in the country.

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