Munshisand Their Masters: The Organization of an Occupational Relationship in the Indian Legal System

Abstract

The term munshi (scribe) usually refers to the clerical assistants employed by Indian lawyers (vakils), particularly by those who practice at the district and subdivisional courts at the lowest level of the legal system. The majority of vakils maintain only the most rudimentary records of their cases; their business correspondence is minimal and often conducted by postcard; the average law practice accounts are kept for the most part in the vakil's head, with occasional help from a note scribbled on a file cover. Not surprisingly, the routine duties of the munshi are relatively simple and easily mastered. They include safeguarding the documents the vakil does maintain during a case; completion of applications to the court; copying of cause lists obtained from magistrates' clerks; updating the vakil's diary of pending cases; occasional copying of case material; and running innumerable errands for the master, often of a purely domestic kind. In several respects, the munshi's role is a marginal one. His duties, for example, are not formally defined within the legal system. Nor are a munshi's services indispensible to a lawyer; many a vakil gets along without an assistant. The population of munshis at a district court is likely to be a transient one: munshis move from vakil to vakil, working only a year or two for each employer; and they drift in and out of the occupation, usually from and to ones of equally low status. Finally, the occupation is economically marginal: it provides a precarious livelihood for the majority of munshis; only a few are prosperous or enjoy much security.

Cross-National Comparative Study on Legal Education and Admission to Practice Between China, India and Pakistan

“…The lawyers were divided into two categories according to their level of legal training. The ones who studied barrister-at-law in England were called Barristers while the Attorneys did not have proper legal training but were court clerks and conversant with legal process (Morrison, 1972).…”

‘Not worth the paper it’s written on’: Stamp paper documents and the life of law in India

“…For ethnographies of legal clerks, typists, 'touts' and other 'informal' paraprofessionals and paperworkers in an Indian court seeMorrison (1972Morrison ( , 1974.…”