Foreign Lawyers Strictly Barred From Practicing Indian Law: BCI 

The Bar Council of India (BCI) has framed the Bar Council of India Rules by which it has been clarified that foreign lawyers are strictly barred from practicing Indian law or appearing in Indian courts or tribunals.

The Bar Council of India (BCI) has officially laid out a comprehensive framework for the registration and regulation of foreign lawyers and foreign law firms wishing to practice in India. These rules also apply to Indian lawyers and firms seeking to register as foreign law practitioners.

Under the new rules, applications must be submitted in Form A, either physically or online via IMPS, NEFT, RTGS, SWIFT, or Telegraphic Transfer. All applicants must pay a non-refundable processing fee and a guarantee amount.

Key Requirements for Foreign Lawyers and Law Firms:

1. Government Clearance: A certificate from the Indian government confirming the applicant’s home country has a sound legal system and no objection to their registration.
2. Practice Details: A detailed statement of the jurisdictions and areas of law the applicant wants to practice.
3. Proof of Qualification: Certificates confirming eligibility to practice law in home and other desired foreign jurisdictions.
4. Reciprocity Certificate: Assurance that Indian lawyers are allowed to practice similarly in those countries.
5. Experience and Conduct: Certificates showing years of practice, absence of misconduct, and good standing with local bar associations.
6. No Objection Certificate (NOC): From the home country’s authority supporting practice in India.
7. Affidavits and Undertakings:
   • Declaring no criminal or disciplinary convictions.
   • Granting BCI permission to verify submitted information.
   • Confirming no intention to practice Indian law or appear in Indian courts.
   • Waiving interest on guarantee amounts.
   • Accepting BCI’s jurisdiction and rules.

Applicants must also disclose any partnerships or collaborations with Indian or other foreign law firms.

Additional Requirements for Indian Lawyers Seeking Foreign Registration:

Indian lawyers or firms looking to register as foreign law practitioners must:

• Provide a valid State Bar Council certificate and proof of at least five years of active practice.
• Show proof of good standing and reciprocal treatment in the foreign jurisdiction.
• Submit documentation on fee structures, partnerships, and a commitment to follow local laws and BCI rules.
• Confirm they will only engage in non-litigious work abroad unless otherwise authorized.

What’s Not Allowed?

Foreign lawyers and firms are strictly barred from practicing Indian law or appearing in Indian courts or tribunals. Collaborations with unregistered Indian firms can only involve referral work, not formal partnerships.

This regulatory move is seen as a significant step towards international legal collaboration, while maintaining professional standards and reciprocity between India and foreign jurisdictions.

Read More: Foreign Lawyers Can’t Stay In India For More Than 60 Days In An Year: New Rules Explained

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Mariya Paliwala

Mariya is the Senior Editor at Juris Hour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.

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