In a sign of global arenas opening up to Indian laws, Japan has written to the Centre inviting Indian lawyers and law firms to practice Indian laws on its shores.
The Union Law Ministry has passed on the letter to the Bar Council of India (BCI), the country's top regulator for legal education and practice, to study the offer and report back on to what extent the offer can be reciprocated from India's side.
"Yes, Japan has written to us. We are taking the issue of opening up our legal sector on a positive note, but on the condition that it will increase the face-value of our lawyers globally and there will be a mutual exchange of lawyers, law firms," Law Minister V. Sadananda Gowda told The Hindu on Tuesday.
“The Union Law Ministry has handed us Japan's letter which says that they are ready and eager to invite and allow Indian lawyers and Indian law firms to practice Indian laws in Japan. The BCI is studying the proposal,” Manan Kumar Mishra, BCI Chairperson, said.
Mr. Mishra and Mr. Gowda have held talks about the opening up of the Indian legal sector to foreign law firms.
The Law Minister asked us to frame a rule on the 'factum of reciprocity' in the Advocates Act. This simply means that we should first examine the extent to which individual foreign countries are opening up to Indian lawyers and firms and then reciprocate exactly to the same extent,” Mr. Mishra said.
He said that the BCI has been in talks with the American Bar and the Law Society of England and there is a memorandum of understanding with Australia on the opening up of legal sector.
A delegation of the BCI is leaving for Australia in April-May, this year. This delegation would either be led by the Law Minister or a representative of his, Mr. Mishra said.
We will be framing this rule of reciprocity after carefully examining the situation for lawyers in each country. For example, if they create a hurdle, like a test which is very difficult to crack, we will also do the same here for their lawyers looking to practice here,” the BCI Chairperson said.
He said the BCI has already advised the Law Ministry that the legal sector should be opened up to foreign law firms only in a “phased manner.”
The government may be under several pressures to open up, but we are an independent body. The Indian legal practice rides on the BCI's shoulders,” Mr. Mishra said.
The view within the government is that once the foreign firms open office in India, they would be hiring local legal brains to appear before courts.
The Commerce Ministry is also keen that the sector is opened up for foreign firms to promote government's 'Make in India' policy.
Incidentally, the BCI has appealed to the Supreme Court against a Madras High Court decision awarding several concessions like allowing foreign lawyers to visit India on a “fly-in and fly-out” basis to give legal advice to clients here.
Despite the recent developments, the BCI is yet to change its stand in the Supreme Court. Mr. Mishra said “unless situation changes, we will not change our stand.”
