New Delhi: The Centre has asked the Bar Council of India to come out with rules, norms and guidelines on allowing foreign law firms to enter India on reciprocal basis. The Union ministry of commerce conveyed the government’s stand on Thursday on allowing foreign lawyers on ‘fly in and fly out’ basis to the BCI member S. Prabakaran, who explained BCI’s in-principle opposition to the entry of foreign law firms.
In April, the Supreme Court had sought the views of the government and BCI in a pending petition which sought entry of foreign law firms at least for participating in seminars and workshops.
The government invited BCI for discussions in this regard to devise ways and means for foreign lawyers to visit India for a temporary period on a “fly in and fly out” basis, for the purpose of giving legal advise to their clients in India regarding foreign law or their own system of law and on diverse international legal issues.
The government cited a Madras High Court ruling in favour of international commercial arbitration while the Bombay High Court in December last passed an order strongly opposing any such move.
It also drew the BCI’s attention that Japan had recently permitted Indian lawyers to practise in Japan and similar reciprocal arrangements could be made with other countries. The BCI, the top body which regulates the legal practice in the country, has opposed any move to allow foreign firms in India.
Mr Prabakaran told the ministry officials that foreign lawyers cannot be allowed even to chip in for seminars and conferences or on ‘fly in and fly out’ basis. He pointed out that the legal practice would also include participation in seminars and conferences. He made it clear that to practise the profession of law in India, a foreign law firm has to fulfil the qualification of being enrolled as advocates under the Advocates Act, 1961.
He said conditions in India and other countries were entirely different and allowing foreign law firms even on reciprocal basis would be detrimental to Indian lawyers. He also said that while BCI could initiate action for ‘misconduct’ against lawyers in India, it would not be possible to take action against foreign lawyers as they were not bound by the Advocates Act.
