Plea In Delhi High Court Challenges BCI's Notification To Permit Entry Of Foreign Law Firms In India

A petition has been filed before the Delhi High Court challenging a notification issued by the Bar Council of India (BCI) last year permitting the entry of foreign law firms and lawyers in India.

The matter was listed today before a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora which listed it for hearing on February 06, as the counsel appearing for the lawyers' body was not present.

The plea has been moved by various lawyers enrolled with the Bar Council of Delhi (BCD), Advocates Narendra Sharma, Arvind Kumar Bajpai, Siddharth Srivastav, Ekta Mehta, Arvind Kumar, Sanjeev Sareen, Harish Kumar Sharma and Deepak Sharma.

The court has asked the petitioners to serve a copy of the petition to the Secretary of BCI.

The plea challenges the notification issued by BCI on March 10 last year, submitting that it is ultra vires the provisions of the Advocates Act, 1961 and as amended from time to time.

It further seeks to prohibit the BCI and Union Government from enforcing and implementing the notification as well as to allow any foreign law firms or lawyers to open office and practice in India, if any are registered.

It is the petitioners' case that the BCI has no authority under the Advocates Act to so permit foreign lawyers or law firms to enter India and to recognize them as advocates, within the meaning of Sections 29, 30 and 33 of the Act.

The plea avers that the foreign lawyers and law firms are not entitled to be enrolled as advocates under the Advocates Act, nor can their name be included on the roll of advocates prepared and maintained by State Bar Councils.

“The practice of law for a foreign lawyers or foreign law firms even in non-litigious matters is not permissible under the Act. It is submitted that permitting entry of foreign lawyers or foreign law firms to conduct non-litigious matters is totally illegal and contrary to the provisions of the Act as also the judgement of the Hon'ble Apex Court In A.K. Balaji (supra),” the plea adds.

Title: NARENDRA SHARMA AND ORS. v. BAR COUNCIL OF INDIA AND ORS