In a significant move that could reshape the legal landscape, the Bar Council of India (BCI) has defended its decision to permit foreign law firms and lawyers to practice in India. According to the BCI, this initiative will not only uphold but also enhance the standards of the Indian legal profession.
The assertion came through a detailed affidavit submitted to the Delhi High Court in the case [Narendra Sharma and Ors v. Bar Council of India and Ors]. The BCI emphasized that the Indian legal fraternity is on par with international standards and is robust enough to compete on a global platform.
The BCIโs affidavit outlines the introduction of the ‘Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022’. These rules are aimed at ensuring a balanced entry of foreign legal practitioners based on reciprocity, ensuring mutual benefits for both Indian and international lawyers.
“The amendments to the rules will focus on fostering greater collaboration and building an inclusive, integrated legal system in India,” stated the BCI. Among the planned amendments are modifications to the reciprocity clauses and adjustments to the โfly-in, fly-outโ model. This model currently permits foreign lawyers to operate in India for up to 60 days within a 12-month period.
Pending a thorough consultation process with relevant stakeholders, the BCI has agreed to temporarily stall the implementation of these processes. This decision underscores the BCIโs commitment to a cautious and consultative approach in refining these pivotal regulations.
Furthermore, the BCI highlighted the potential for India to become a significant hub for international commercial arbitration. “It is crucial for the Indian legal sector to remain proactive to adequately serve the burgeoning needs of international clients under the rule of law,” the affidavit added.
This development follows a Public Interest Litigation (PIL) initiated by a group of lawyers who contested the BCIโs authority under the Advocates Act of 1961 to enable foreign lawyers to practice non-litigious matters in India. The plea is set for a hearing on July 16.
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In response, the BCI has refuted these claims, citing precedents and legal provisions that empower it to regulate the practice of law in India, including the integration of foreign entities and individuals.
