BCI allows Foreign Lawyers and Law Firms to practice in India; Read here full notification

Until now, the regulatory authority for legal education and profession in India was opposing entry of Foreign Lawyers and Law Firms in India. Read here full story and official notification.

The Bar Council of India has finally permitted Foreign Lawyers and Law Firms to "practice foreign law and diverse international legal issues in non-litigious matters on the principle of reciprocity" in India. The move is progressive and flexible, and the bar council will lay down the rules of regulations for Foreign Lawyers and Law Firms soon. Till then, they will be allowed to practice law in India on 'Fly in and Fly out' basis as it is not barred in Advocates Act, 1961 and the Bar Council of India Rules. 

The official notification released by BCI (dated March 10, 2023) stated, "In India Legal profession is treated as a noble profession. There is and should be no commercial competition or procurement associated with the Legal Profession. Legal Profession is not treated as a commercial activity or service in India. Law is not a trade, and briefs no merchandise so the leaven of commercial competition or procurement should not vulgarize the legal profession (Hon'ble Justice Krishnairyer, V.R.)

In the opinion of Bar Council of India the legal profession in India has to rise to the occasion to meet the global changes in the Legal Arena caused by migration of people from one country to other on such a large scale that had not been witnessed in earlier days. The world is becoming a global village. International trade and commerce is advancing at a great pace. The demand for an open, responsive and receptive legal professional dispensation mechanism in India from clients/public who operate in international and cross-country business is becoming severe day by day. Growth in international legal work sphere and globalization of legal practice and internationalization of the law is increasingly becoming relevant to the growth of the legal profession and practices in India.

Bar Council of India was initially opposing entry of foreign lawyers and foreign law firms in India in any form. However, it was authorized by the legal fraternity of the Country in the years 2007-2014 in Joint Consultative Conferences of Bar Council of India and Chairmen, Vice-Chairmen and Chairmen of Executive Committees of all the State Bar Councils in India to hold dialogue and to interact with the Government of India, Ministry of Law and Justice, Ministry of Trade and Commerce and Law Councils/ Law Societies of foreign countries to explore the potential and prospects of opening the law practice in India to foreign lawyers in the field of practice of foreign law and diverse international legal issues in non-litigious matters on the principle of reciprocity and it has been doing so. In the interregnum, came the judgment of the Bombay High Court on 16.12.2009 in Lawyers Collective Versus Bar Council of India in which the Bombay High Court held that Reserve Bank of India was not justified in granting permission to the foreign law firms to open liaison offices in India. It was further held that the expression "to practice the profession of law" in Section-29 of Advocates Act, 1961 is wide enough to cover the persons practicing in litigious matters as well as persons practicing in non-litigious matters, and, therefore, to practice in non-litigious matters in India, the respondents were bound to follow provisions contained in Advocates Act, 1961.
The Madras High Court delivered a Judgment on 21.12.2012 in A.K. Balaji Versus Govt. of India which, interalia, held as follows:-
"After giving our anxious consideration to the matter, both on facts and on law, we come to the following conclusion:-

1. Foreign law firms or foreign lawyers cannot practice the profession of law in India either on the litigation or non-litigation side, unless they fulfill the requirement of the Advocates Act, 1961 and the Bar Council of India Rules.
2. However, there is no bar either in the Act or the Rules for the foreign law firms or foreign lawyers to visit India for a temporary period on a "fly in and fly out" basis, for the purpose of giving legal advise to their clients in India regarding foreign law or their own system of law and on diverse international legal issues.
3. Moreover, having regard to the aim and object of the International Commercial Arbitration introduced in the Arbitration and Conciliation Act, 1996, foreign lawyers cannot be debarred to come to India and conduct arbitration proceedings in respect of disputes arising out of a contract relating to international commercial arbitration."

Checkout official notification: 

While Indian Lawyers have to obtain a Certificate of Practice after qualifying the All India Bar Examinatios, on the other hand, candidates with foreign law degree also have to appear and qualify BCI Qualifying Examination. However, in February BCI has also published a notification stating, "Those candidates who have not followed the Indian pattern of a law degree in a foreign university can make up the deficient years by pursuing 1 year or 2 years of Bridge Degree Course in accordance to the deficient years from the India International University of Legal Education and Research, Goa" 

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