HC issues notice to BCI on plea against decision to allow entry of foreign lawyers

The BCI and Law Ministry are to respond to the notice within four weeks; court posts case for further hearing on April 24

The Delhi High Court on Friday, February 9, 2024 issued a notice to the Bar Council of India (BCI) and the Law Ministry on a petition challenging a March 2023 notification of BCI permitting entry of foreign lawyers and foreign law firms in India.

The High Court asked the authorities to submit their respective response to the petition filed by several lawyers within four weeks and listed the matter for further hearing on April 24.

During the hearing, the court queried the BCI’s lawyer as to how the council could override a 2018 Supreme Court judgment that forbade foreign law firms or foreign lawyers from practising — in litigation or non-litigation — in India.

Foreign lawyers are permitted to visit India on a “fly-in-and-fly-out” basis, which would cover a casual visit not amounting to “practice”, the Supreme Court had said.

The petition filed by advocate Narendra Sharma and seven others, through advocate A.K. Bajpai, has challenged the notification issued by the BCI on March 10, 2023, on Rules for registration and regulation of foreign lawyers and foreign law firms in India.

The plea said the BCI notification allows foreign lawyers to be registered in India and practise law in non-litigious matters but the BCI does not have the authority or power under the Advocates Act of 1961 to do so.

The petitioners said the legal profession has its dignity and glory in India and we cannot allow it to be taken over by foreign market forces to defeat the ends of justice.

It further challenged the notification saying it was against the provisions of the Advocates Act, 1961 and also the decision of the apex court in the case of Bar Council of India vs A.K. Balaji.

Advocate Preet Pal Singh, representing the BCI, said that the notification of BCI is clear on what is permitted. “The practice can only be done by advocates enrolled but foreign law firms can have a limited role and they can come on fly-in and fly-out basis. They will be governed by certain pre-requisite conditions,” he said.