On a plea by a Korean national who obtained a law degree in India, the Bar Council of India (BCI) asked state Bar Councils for their views on allowing him to practice law in India.
The Bar Council of India (BCI) has asked the state Bar Councils across the country about their views on allowing a Korean national who obtained a law degree in India to practice law in the country.
BCI sent a letter addressed to the secretaries of State Bar Councils that stated that from Korean statutes, it could be inferred that a law graduate who is duly qualified in India must obtain a Juris Doctorate degree in Korea to be eligible to sit for the South Korean National Bar Examination, as reported by Bar and Bench.
"It is at the discretion of the Bar Council to admit a foreign national into State roll or not and it can be denied by giving sufficient reasons, merely the reason that citizen of India who is duly qualified is permitted to practice law in the other country shall not bind Bar Council to admit any foreign or non-citizen into the Indian advocates roll," the letter added.
"The basis of reciprocity with any foreign Country is that an Indian Law Degree holder should be entitled to practice law in that Country and then similarly India could think of allowing that foreign national holding a foreign degree to practice law in India," the letter said.
The background
The plea by the Korean national in Delhi High Court challenged BCI's 2020 decision of refusing to consider him eligible for enrolment as an advocate on the rolls of the Bar Council of Delhi under the provisions of the Advocates Act. The petitioner stated that an Indian national who obtains a law degree in Korea is entitled to practice in Korea and therefore as per section 24 of the Advocates Act, a Korean national who studied law in India should be allowed to practice in India.
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