Bar Council Of Delhi’s Special Committee Opposes BCI’s Rules For Entry Of Foreign Lawyers And Foreign Law Firms In India, Calls For Stay

A special committee constituted by the Bar Council of Delhi has opposed the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.

The Special Committee comprised of various members of Bar Council of Delhi, President and Secretary of Delhi High Court Bar Association, other Bar Associations of the national capital, Chairman and Secretary of Coordination Committee of the lawyers’ body.

According to the interim report of the Bar Council of Delhi released today, during deliberations in three meetings, it was strongly felt by the special committee that the notification would not only undermine the legal profession but would completely destroy the existing framework of legal profession and that the lawyers and fraternity would suffer substantially.

“It was also considered that the "Bar Council of India Rules" will substantially damage the legal profession in India and jeopardize the interest of all the Indian Advocates and the Justice Delivery System. It was also resolved that all the Bar Associations will hold meetings of the lawyers in their respective Bar Associations to apprise their members of the consequences of the notification of Bar Council of India and in the meantime, the Bar Council of India should stay the rules framed vide notification dated 10.03.2023,” the interim report said.

It added that the committee felt that the Rules have far reaching effect on the legal profession in India and have been issued without taking the legal fraternity across the country into confidence.

“It was also highlighted that the Foreign Lawyers and Foreign Law Firms and Solicitor Firms will be governed by the laws applicable in their country and they are free to solicit, advertise and share commissions etc., which is not permissible under the Rules framed by Bar Council of India for lawyers practicing in India. This would also mean that the legal profession in India, which is considered to be a "Noble profession", would come within the definition of "Commercial Activity",” the report states.

It adds: “Since the summer vacations have started and the registration has already been commenced by Bar Council of India, keeping in view the decisions already taken by the Special Committee, more particularly for stay of its notification by the Bar Council of India, in the given facts and circumstances, the interim report is submitted to immediately apprise the Bar Council ofIndia and all concerned.”

Click Here To Read Interim Report