Foreign lawyers granted practice rights in India: Pioneering decision expands legal landscape
The Bar Council of India (BCI) has announced significant changes to its regulations, allowing foreign lawyers to practice in India under specific conditions. These amendments, known as the "Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022," were notified in 2023 and have since been published in the official gazette on March 10, 2023.
Foreign law firms seeking to operate in India must first register with the BCI, but only after obtaining a No Objection Certificate (NOC) from both the Ministry of Law and Justice and the Ministry of External Affairs. This certification ensures that the foreign entities meet India's legal requirements and are in compliance with the BCI's regulations.
Under these new rules, foreign lawyers are strictly limited to advising on foreign law, international law, and international commercial arbitration matters. They are prohibited from practicing Indian law or engaging in litigation, including appearing before Indian courts. This restriction aims to maintain the sanctity of Indian legal practice, as the practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act, 1961.
In addition, foreign lawyers on temporary assignments may work for up to 60 days per 12-month period. Their stay and practice scope are subject to strict guidelines to ensure transparency and maintain the integrity of the legal market. Client and operational disclosures are mandatory under these regulations.
The BCI retains regulatory control over foreign law firms to ensure compliance with these rules. This oversight is designed to safeguard the interests of Indian legal professionals and maintain standards in the legal market.
The objective of these amendments is to balance opening the Indian legal market to foreign practices while protecting Indian advocates' rights, promoting India as a hub for international arbitration, and ensuring fair domestic reforms alongside foreign law firm entry. The new framework also allows for reciprocity, enabling Indian lawyers to register as foreign law practitioners abroad without losing their right to practice Indian law in their home country.
The BCI aims to position India as a preferred global hub for international arbitration while safeguarding the exclusive right of Indian advocates to practice Indian law. This balanced approach establishes a regulatory framework that promotes India as a viable destination for international arbitration while creating structured opportunities for Indian lawyers to expand their practice globally.
[1] Bar Council of India (2022). Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. Available at: https://www.bci.org.in/wp-content/uploads/2022/03/Bar-Council-of-India-Rules-for-Registration-and-Regulation-of-Foreign-Lawyers-and-Foreign-Law-Firms-in-India-2022.pdf [2] Ministry of Law and Justice (2023). Notification of Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. Available at: https://www.mohj.gov.in/sites/default/files/Bar%20Council%20of%20India%20Rules%20for%20Registration%20and%20Regulation%20of%20Foreign%20Lawyers%20and%20Foreign%20Law%20Firms%20in%20India%2C%202022.pdf [3] Ministry of External Affairs (2023). No Objection Certificate for Registration of Foreign Lawyers and Foreign Law Firms in India. Available at: https://mea.gov.in/bilateral-documents.htm?dtl/34236/No_Objection_Certificate_for_Registration_of_Foreign_Lawyers_and_Foreign_Law_Firms_in_India
- To practice in India, foreign law firms must first comply with BCI regulations, obtain a No Objection Certificate from the Ministry of Law and Justice and the Ministry of External Affairs, and register with the BCI.
- Under the new rules, foreign lawyers can only advise on foreign law, international law, and international commercial arbitration matters, and are prohibited from practicing Indian law or engaging in litigation.
- The BCI's regulatory control over foreign law firms is designed to ensure compliance with these rules, safeguard the interests of Indian legal professionals, and maintain standards in the legal market.
