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Foreign Countries Lawyers or Their Law Firms Cannot Practise Profession of Law in India, Bar Council of India or Union of India are at Liberty to Make Appropriate Rules in This Regard

Akhilesh Kumar Sah

The learned author makes an analytical study of a recent decision of Supreme Court (dt. 13-3-2018) which holds that foreign lawyers and their law firms cannot practise law profession in India and that the Bar Council of India or Union of India are at liberty to make appropriate Rules in this regard and ends up his article with the remarks that this latest decision would safeguard the profession of law in India.

1. Introduction

Profession of law is noble and profession requires high expertise and knowledge in the field of law. Providing of good advice to clients by law firms is the need of hour.

2. A recent case before Hon'ble Supreme Court

In Bar Council of India v. A.K. Balaji and Ors. [Civil Appeal Nos.7875-7879 of 2015 with Civil Appeal No. 7170 of 2015 (Association of Indian Lawyers v. London Court of International Arbitration (LCIA) and Ors.) and Civil Appeal No. 8028 of 2015 (Global Indian Lawyers v. Bar Council of India & Ors.), decided on 13-03-2018], the issue involved in the above appeals was whether foreign law firms/lawyers are permitted to practise in India. Civil Appeal Nos.7875-79 of 2015 had been filed by the Bar Council of India against the judgment of Madras High Court dated 21-02-2012 in A.K. Balaji v. The Government of India [AIR 2012 Mad 124]. Civil Appeal No. 8028 of 2015 had been filed by Global Indian Lawyers against the judgment of Bombay High Court dated 16-12-2009 in Lawyers Collective v. Bar Council of India [2010 (2) Mah LJ 726]. Briefly, it was pleaded, to practise law in India, a person has to be Indian citizen and should possess degree in law from a recognized University in India. Nationals of other countries could be admitted as advocates in India only if citizens of India are permitted to practise in such other countries. Foreign degree of law from a University outside India requires recognition by the Bar Council of India. The Indian advocates are not allowed to practise in U.K., U.S.A., Australia and other foreign nations, except on fulfilling onerous restrictions like qualifying tests, experience, work permit. Foreign lawyers cannot be allowed to practise in India without reciprocity.

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