Entry of Foreign Lawyers Will Benefit Indian Legal Community: BCI Tells Delhi High Court

Defending its decision to permit the entry of foreign law firms and lawyers into India, the Bar Council of India (BCI) has informed the Delhi High Court that this move will also benefit Indian lawyers.

In a detailed affidavit filed before the Delhi High Court, the BCI stated: "The proficiency standards of Indian lawyers are comparable with international standards, and the legal fraternity in India is unlikely to suffer any disadvantages if legal practice in India is opened up to foreign lawyers in a restricted, well-controlled, and regulated manner on the principle of reciprocity.

This would be mutually beneficial for lawyers from both India and abroad, and the impugned Rules are a step by the Bar Council of India in this direction."

The BCI further mentioned its intention to hold consultations with stakeholders to address concerns raised by Indian lawyers and law firms regarding the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.

"The Bar Council of India is currently in the process of making necessary amendments to these Rules and Regulations to ensure reciprocity in both letter and spirit... These amendments aim to foster greater collaboration between foreign and Indian lawyers, contributing to a more inclusive and integrated legal system in India," the statement said.

Among the provisions being amended are those concerning reciprocity and the "fly-in, fly-out" model, which allows foreign lawyers to operate in India for a maximum of 60 days within any 12-month period.

"The 'fly-in and fly-out' entry will also be regulated. The Bar Council of India intends to implement these changes in accordance with observations from the apex court. The Bar Council recognises the necessity of specific amendments to current Rules and Regulations to ensure that the principle of reciprocity is upheld in both wording and intent," the statement added.

Pending stakeholder consultations, the BCI has assured a temporary halt to the process. The affidavit also highlights that these Rules will help position India as a hub for international commercial arbitration.

"If we delay action, India's legal community risks falling behind in providing legal and professional expertise in line with the rule of law, aligned with the best interests of our rapidly growing client base in India," the affidavit emphasised.

The BCI's response follows a Public Interest Litigation (PIL) filed by a group of lawyers challenging the BCI's March 10, 2023 notification allowing foreign lawyers to register and practice law in non-litigious matters in India.

The plea against the entry of foreign law firms is scheduled for hearing before the Delhi High Court on July 16. In its reply, the BCI argued that the petitioners misinterpreted the Supreme Court's judgment in Bar Council of India vs AK Balaji & Ors and the provisions of the Advocates Act, 1961, which empower the BCI to frame rules and regulations for the practice of law in India.

On June 28, 2024, Bar & Bench reported exclusively that the BCI is likely to notify and implement amended regulations governing the entry of foreign lawyers and law firms by the end of July. It was reported that initially, the Indian legal market will be opened to lawyers and law firms from the United Kingdom (UK) only.

This announcement came shortly after a meeting between the BCI, the Law Society and the Bar Council of England and Wales at the Law Society's Hall in London.

Following this report, Lalit Bhasin, President of the Society of Indian Law Firms (SILF), wrote to BCI Chairman Manan Kumar Mishra requesting a discussion on the amended rules before their notification. 

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