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Polity & Governance
Mahesh

17/03/23 08:36 AM IST

Bar council allows foreign lawyers, legal firms to practice in India

In News
  • The Bar Council of India (BCI) recently allowed foreign lawyers and law firms to practice in India on a reciprocity basis.
New Rules
  • The new rules will enable foreign lawyers and law firms “to practice foreign law, diverse international law and international arbitration matters in India on the principle of reciprocity in a well-defined, regulated and controlled manner”.
  • The rules allow foreign lawyers and law firms to register with BCI to practice in India if they are entitled to practice law in their home countries.
  • The requirement of registration with the BCI would not apply to law practice by a foreign lawyer or foreign law firm on a ‘fly in and fly out basis’ for the purpose of giving legal advice to a client in India.
  • However, in such a case, the lawyer or firm cannot have an office in India, and their practice cannot exceed 60 days in any 12-month period.
  • A primary qualification required from them is a certificate from the competent authority of their country that they are entitled to practice law in that country.
Significance
  • The BCI said that the move would benefit Indian lawyers, whose standards of proficiency in law are comparable to the international standards.
  • The BCI said that the rules would also help to address the concerns expressed about the flow of Foreign Direct Investment into the country.
  • India as hub for international commercial arbitration: By allowing the operation of foreign lawyers and law firms in India, the rules would help make India a hub for international commercial arbitration.
Current Law
  • According to the Advocates Act of India, 1961, the advocates enrolled with the BCI “alone” can “practice law” in India.
  • For this, they must obtain a license to practice as a lawyer from the BCI. However, they can only do so if their country allows Indian lawyers to practice legal professions there.
  • In 2018, BCI told the Supreme Court that it was not in favour of allowing foreign law firms to open branch offices in India.
  • The Supreme Court also passed a verdict stating that foreign lawyers and firms are not allowed to practice law in India unless they meet the requirements.
About BCI
  • The BCI is a statutory body established under the Advocates Act, 1961, and it regulates legal practice and legal education in India.
  • Concerned Ministry: The Ministry of Law and Justice.
Source- Indian Express

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