New Rules for Registration and Renewal of Foreign and Indian Lawyers Practicing Abroad: BCI

The Bar Council of India (BCI) has introduced a structured framework for the registration and renewal of foreign lawyers, foreign law firms, and Indian lawyers or law firms practicing foreign law in India.

Under the new rules published in the Gazette of India, the initial registration will be valid for five years. Renewal must be applied for at least six months before the expiry date using Form B.

Validity and Renewal Process

Applications can be submitted in person, by post, courier, or online, depending on the mode made available by the BCI.

Both foreign and Indian applicants must meet strict documentation requirements, proving active legal practice, clean professional conduct, and reciprocal access to legal markets.

Requirements for Foreign Lawyers and Law Firms

Foreign applicants must submit:

• A certificate from the Indian government confirming a functioning legal system in their home country.
• Proof that they are still licensed to practice law in all relevant jurisdictions.
• A no-objection certificate from their home country’s legal authority.
• A declaration of no disciplinary action or criminal conviction.
• Fee structure documents from their jurisdiction to ensure reciprocity.
• Details of any partnerships with other law firms, including Indian entities.
• An undertaking to follow Indian law and ethical guidelines.

Requirements for Indian Lawyers and Law Firms

Indian applicants registering as foreign lawyers must submit:

• A valid enrollment certificate from a State Bar Council.
• Proof of active practice for five years.
• A certificate of good standing.
• Confirmation of reciprocal treatment in the target foreign country.
• A no-objection certificate from the foreign legal authority.
• Affidavits declaring no convictions or disciplinary issues.
• A commitment to restrict their practice to non-litigious legal work, unless otherwise permitted.

Conditions for Renewal Denial

The BCI reserves the right to refuse renewals in specific situations:

• If the number of foreign lawyers in India becomes disproportionate compared to Indian lawyers abroad.
• If there is no reciprocity in practice rights.
• If it is deemed contrary to India’s national interest or security.

Fee Structure and Security Deposit

Applicants must pay a registration or renewal fee, which will match the amount charged by the foreign country to Indian advocates. If the foreign fee is lower, BCI’s fixed schedule will apply.

A refundable security deposit is also required. However, BCI can deduct penalties or costs from this amount if the applicant violates rules or fails to pay fines.

Application Review and Approval

All applications will be reviewed by BCI or its appointed committee. The process includes verifying documents and ensuring the applicant’s country allows Indian lawyers to practice under similar conditions.

Rejections will only happen after the applicant is given a fair hearing. In such cases, the fee and deposit will be refunded after deductions.

Final Authority and Government Involvement

BCI is the final authority on all matters related to registration and renewal. However, it may consult with ministries, senior jurists, or even the Chief Justice of India in complex cases.

The Government of India retains the right to cancel a registration on grounds such as national security or public interest.

No Automatic Right to Entry

The registration under these rules does not grant foreign lawyers any visa, entry, or residency rights in India. All foreign legal professionals must comply with Indian immigration and residency laws.