Notification Permitting Entry Of Foreign Law Firms In India: Delhi HC Seeks BCI Response On Plea

The Delhi High Court on Friday sought a response from the Bar Council of India and the central government on a plea challenging notification permitting entry of foreign lawyers and foreign law firms in India.

The bench comprising of Justice Manmohan and Justice Manmeet Pritam Singh Arora after noting the submissions, issued notice to all respondents and listed the matter for further hearing on April 24, 2024.

Senior Advocates Rakesh Tiku and Kailash Vasudev appeared for the petitioners.

The plea moved by 8 practicing lawyers stated that regulation 8 of the impugned notification as defined, where foreign lawyers have been permitted to be registered in India and practice law in non-litigious matters of the legal profession.

The foreign lawyers under the impugned notification shall also be deemed to be advocates within the meaning of Sections 29, 30 & 33 of the Act and perform under the impugned notification, as a foreign lawyer in India.

Furthermore, the plea stated that the impugned notification is adversely affecting the rights of advocates and the entire fraternity as it infringed Article 21 of the Constitution of India and the respondent has no right to introduce or issue the impugned notification unless and until the same is gazette by the Central Government and in the current case the impugned notification dated on March 10, 2023 is only issued by BCI and the same is still pending for its Gazette notification by the appropriate authority.

There is no reciprocity between India and other countries and the impugned notification permits any foreign lawyers of any country to solicit, open law finns, and extend their advice which is completely in violation of the treaty of reciprocation of opening trade or business between the 2 countries and such a noble profession is open for commercial activities being conducted in the name of noble profession and especially when it infringes Article 21 of the Constitution of India.

The plea reads that, the plea sought direction to the respondents prohibiting the enforcement and implementation of the impugned notification dated 10.3.23 in any manner for registration of foreign lawyers and foreign law firms under the provisions of the impugned notification.