BCI allows foreign firms in India

• Recently, the Bar Council of India permitted foreign lawyers and law firms to practice in India.
• BCI notified Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
• About rules
  • Allows foreign lawyers and law firms to register with BCI to practise in India.
  • A foreign lawyer registered under rules shall be entitled to practice law in India in non-litigious matters only, which would be laid down by BCI in consultation with Ministry of Law.
  • They are allowed to practice transactional work /corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on a reciprocal basis.
  • However they will not be allowed to appear before any courts, tribunals or any other regulatory authorities.
• Significance of the move
  • Law firm will benefit from exposure to global best practices.
  • It will provide foreign firms and investors with some judicial comfort.

About BCI

• It was established by Parliament under section 4 of Advocates Act, 1961 to regulate and represent Indian bar.
• Statutory functions of BCI include:
  • prescribes standards of professional conduct.
  • Safeguard the rights, privileges and interests of advocates
  • Promote and support law reform
  • Deal with and dispose of any matter which may be referred by a State Bar Council
  • It also sets standards for legal education
  • grants recognition to universities for degree in law
  • Recognise foreign qualifications in law obtained outside India for admission as an advocate.
• Structure:
  • It consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members.
  • The council elects its own chairman and vice-chairman for a period of two years from among its members.