Delhi HC agrees to hear challenge to entry of foreign lawyers in India

Delhi HC issues notice to BCI

The Delhi High Court on February 9 issued a notice to the Bar Council of India (BCI) after a bunch of lawyers challenged its decision to allow the entry of foreign lawyers in India.

A division bench of the HC directed the BCI to file its response to the plea and agreed to list it in April 2024 for hearing.

In March 2024, the lawyers' body notified the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. The objects of the rules said the law practice in India will be opened for "foreign lawyers in the field of practice of foreign law; diverse international legal issues in non-litigious matters and in international arbitration cases would go a long way in helping legal profession/domain grow in India to the benefit of lawyers in India too".

Questioning the manner and timing of this step, SILF asserted in the release that the rules are discriminatory as while Indian professionals continue to be governed by the code of conduct and regulations under the Advocates Act, foreign lawyers and law firms would be governed by their home country's rules.

Bar Council of India was initially opposing the entry of foreign lawyers and foreign law firms in India in any form. However, it was authorised by the legal fraternity of the country in 2007-14 in Joint Consultative Conferences between BCI, State Bar Councils across the country and other stakeholders to explore the potential and prospects of opening the law practice in India to foreign lawyers.

The rules, however, met with immediate objection from the Society of Indian Law Firms (SILF).  It said the rules for foreign lawyers and law firms to practise in India are not in conformity with the Supreme Court judgement which said that only advocates enrolled with State Bar Councils were entitled to practise law.

"The BCI has ceded disciplinary jurisdiction over foreign lawyers and foreign law firms to respective foreign regulators. So, foreign lawyers and foreign law firms will not only have their own codes of conduct but would be judged by foreign regulators," the release stated.

In September 2023, SILF president Lalit Bhasin told Moneycontrol that the society  is in post facto talks with the BCI over the rules for foreign lawyers and law firms to practise in India.