LI Network
Published on: February 3, 2024 at 11:00 IST
A challenge has been brought before the Delhi High Court against a notification issued by the Bar Council of India (BCI) last year, which allowed the entry of foreign law firms and lawyers into India.
The case was presented before a division bench today, consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, and has been scheduled for hearing on February 06, as the counsel representing the lawyers’ body was absent.
The Court has instructed the petitioners to provide a copy of the petition to the Secretary of the BCI.
The petition contests the validity of the BCI’s notification issued on March 10 last year, arguing that it goes beyond the provisions of the Advocates Act, 1961 and its subsequent amendments.
Moreover, it seeks to restrain the BCI and the Union Government from implementing the notification and from permitting any foreign law firms or lawyers to establish offices and practice in India, if registered.
The petitioners argue that the BCI lacks the authority under the Advocates Act to allow foreign lawyers or law firms to enter India and be recognized as advocates, as defined in Sections 29, 30, and 33 of the Act.
According to the plea, foreign lawyers and law firms are not eligible to be enrolled as advocates under the Advocates Act, nor can their names be included on the roll of advocates maintained by State Bar Councils.
The petition further emphasizes that the practice of law by foreign lawyers or law firms, even in non-litigious matters, is not permissible under the Act. It asserts that allowing foreign lawyers or law firms to engage in non-litigious matters is unlawful and contradicts both the Act and the Supreme Court’s ruling in A.K. Balaji v. Government of India.