INTRODUCTION
Lawyers are the most important role models in our daily lives. But lawyers are not just protectors rather they are active agents who change society through their hard work, dedication, and commitment to bringing about change. Their role in shaping justice is not just their monetary work but they have a responsibility to uphold justice and make the world a better place to live. The constant struggle to make such legal reforms that will help society be a better place is always tiring, but the commitment of our lawyers and legal jurists has made this task easy. India is a place where social, cultural and ethical norms are highly followed and with that people get very intense if anyone violates them. Still, the way lawyers have influenced social norms and reduced narrowed mindsets is outstanding. Lawyers play a critical role in transforming society as they are guardians of justice, fairness etc, through their legal expertise, advocacy, and social engagement. They fight for the truth and provide society with hope that they will give them justice. Their influence extends far beyond the courtroom, permeating various facets of human life, their honesty and truthfulness make them powerful. Their influence extends beyond the courtroom, permeating multiple facets of human life. As a dedicated law student, I feel lawyers have a significant and more importantly a great stature to fight for justice. And I believe that a good lawyer can provide us good society whereas a bad lawyer can spoil one. If a lawyer works well, he can make this place a crime-free place.
THE HISTORICAL AND FOUNDATIONAL ROLE OF LAWYERS IN SOCIETY:
History plays a crucial role in telling and helping us to learn about the judicial system. Lawyers have played a vital role in society throughout history, serving as advocates for justice, protectors of rights, and interpreters of the law. There wasn’t much knowledge about justice, fairness, and equity at that time but with the increase in learning about rules, and regulations, people became aware of their rights and decided to establish a judicial system and with that the rise in attorneys (lawyers). The influence and power weren’t that effective as of now but that is what we learned from our judicial past. Some scholars have provided us with information about the legal profession, for example, Paul Brand’s “The Origins of the English Legal Profession (1992),” and J.H. Baker’s The Legal Profession and the Common Law-Historical Essays (1986). The eminent jurist Roscoe Pound also wrote The Lawyer from Antiquity to Modern Times (1953).
LEGAL PROFESSION IN INDIA:
The legal profession’s history in India can be traced back to the establishment of the first British court in Bombay (Mumbai) in 1672 by Governor Aungier. Governor-in-Council used to appoint attorneys and not the court. Similarly, the mayor’s court was established in the three presidency towns where the crown’s court was the court of appeal; appealing first to the governor-in-council and second appeal to the Privy Council. In 1791, Judges felt the need to have experienced people and thus the role of attorney came into existence which will protect the rights of his client. Another principle was given that an attorney could be dismissed on account of misconduct. The Supreme Court of Judicature was established by a Royal Charter in 1774. It was established due to the dissatisfaction with the mayor’s court. Similar Supreme Courts were established in Madras in 1801 and Bombay in 1823.
Barristers came to India to work as advocates and attorneys gave up pleading and worked as solicitors. Both these grades of legal practice became distant with time. Madras had its first barrister in 1778; Mr Benjamin Sullivan. Thus, this procedure of the Supreme Court brought recognition and wealth to the legal profession. The charter addressed that only experienced people will work and it empowered the court to admit those people. Then in 1862, High Courts were established.
With time, the justice system was established and The Indian Bar Councils Act, of 1926 was passed, The Advocates Act, of 1961 was a step further to this very initiative.
LAWYERS AS DEFENDERS OF JUSTICE AND HUMAN RIGHTS:
I have to quote this again, ‘lawyers are the guardians of justice.’ Lawyers have played a very significant role in freedom movements, they have fought for human rights etc. Even our Father of the Nation; Mahatma Gandhi was a barrister by profession and with his knowledge and skills we are here as an independent nation, progressing day by day. They have acted as the protector of our rights whilst fighting for justice and they ensured legal safeguards against oppression. Lawyers have the right to stand for the truth and they have defended rights such as freedom of speech, the right to a fair trial, and other constitutional protections. They constantly fight against injustice and discrimination, and their role in challenging unjust laws and systems that violate individual’s rights. Mahatma Gandhi also fought for racial equality and so inspired Nelson Mandela to fight for it in South Africa. Many lawyers have advocated for gender rights and LGBTQ+ rights, for example, Indira Jaising; she’s the first woman solicitor general of India, and she has worked for women’s rights and gender justice.
LAWYERS AS ADVOCATES FOR SOCIAL CHANGE:
Lawyers have always been at the front in addressing social issues and they have made a change. They uniquely try to identify systemic flaws in the legal system and propose solutions to create a more just and equitable society. Lawyers have been pushing for criminal justice reform, environmental protection laws etc. Because of their hard work, and dedication, we have achieved a lot of reforms which have helped people. There are a lot of landmark Supreme Court cases that brought reforms with them; these are: 1. Kesavananda Bharati v. State of Kerala, this case upheld the basic structure doctrine of the Indian constitution, limiting Parliament’s power to amend the constitution. 2. M. C. Mehta v. Union of India, case established the concept of “public interest litigation” (PIL), empowering citizens to file cases for the public interest. It led to significant improvements in environmental protection and public health. And M. C. Mehta was a lawyer by profession so it tells us more about how lawyers have this skill to bring out positive change addressing various social, environmental issues.
THE CHALLENGES FACED BY LAWYERS IN CREATING TRANSFORMATIVE CHANGE:
Lawyers play a crucial role in shaping society and advocating for justice. However, they do face several challenges in their pursuit of transformative change. There are certain systemic constraints like bureaucracy; legal systems become slow, complex and bureaucratic which hinders progress, then conservative traditions; some legal systems stay in the outdated principles and resist change, there are certain client constraints like fear and intimidation; clients may be afraid to come forward or cooperate due to threats, another constraint is corruption, poverty and inequality etc. Lawyers may also encounter certain ethical dilemmas when advocating for unpopular or controversial cases, for example, defending clients who may be morally questionable but have a legal right to representation.
THE FUTURE OF LAWYERS AS CATALYSTS FOR SOCIETAL TRANSFORMATION:
Lawyers have historically played a critical role in shaping societies and driving social change. As we enter into a more complex world that is interconnected, the role of lawyers evolves and their potential to make societal transformation is huge. Lawyers’ involvement in Cybersecurity law, climate change or human rights and technology is going strong as they tend to understand new trends that have an impact on society. The continuous need for transformation in the judicial system is significant and lawyers being agents for such transformation is the need of the hour as they understand justice and are the guardians of law and justice. Significantly, lawyers with their problem-solving techniques, skills of advocacy and the help of technology can achieve wonders in the legal system, which can enhance and facilitate societal changes.
CONCLUSION:
Lawyers have done a commendable job so far through their advocacy, expertise, and ethical responsibilities, and they have driven societal progress and helped shape a just and equitable society. They are not only the defenders of the law but are the transforming agents who shape the moral and legal fabric of society. They are the change-makers who can establish a society that is prosperous and a great place to live. I would like to write in the end that lawyers are the architects of this building nation and that justice is not a passive concept, but one that is actively shaped and advanced through legal practice. It demands hard work, resilience, and dedication. Lawyers are more than just legal practitioners; they are architects of a just society. By upholding the rule of law, advocating for marginalized groups, and promoting social justice, lawyers make a significant impact on the world. As the legal landscape continues to evolve, lawyers must adapt to new challenges and opportunities, remaining committed to their core mission of advancing justice and equity.
Author(s) Name: Sabha Yousuf (Vitasta School of Law & Humanities, Kashmir)
