What's Brewing

The legal profession in India is governed by the provisions of The Advocates Act of 1961 [Act].

Bar Council of India [BCI] is a statutory body enacted by Parliament under provisions of the Act, for the regulation of legal profession/education. Each State in India has its own Bar Council affiliated to BCI, whose function it is to establish high standards of professional conduct and ethical practices.

In February 2025, Union Ministry of Law and Justice introduced the Advocates Amendment Bill 2025 with the objective of addressing the contemporary challenges faced by the legal profession [Amendment].

The BCI and State Bar Councils vehemently opposed this Amendment on the following grounds:

1. Governmental interference in affairs of the legal community.
2. Dilution of the definition of a ‘legal practitioner’.
3. Curtailment of lawyers’ rights to protest.
4. Entry of foreign lawyers and law firms into India.

Consequently, Ministry put the Amendment on hold. A fresh, modified amendment is now awaited from the government after due consultation with all stakeholders.

After initial opposition to entry of foreign law firms and foreign lawyers into India, BCI has been interacting with Union Ministries of (i) Law and Justice and (ii) Trade and Commerce to frame rules pertaining to registration and regulation of foreign lawyers/law firms in India. This is in view of the increase in cross-border business transactions and consequent increase in international disputes and their accompanying legal challenges.

Based on these interactions, BCI drafted the “Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022” [Rules], which it announced in March 2023 and now notified in May 2025. These Rules have been amended keeping in mind the following basic objectives:   

1. Principle of reciprocity between India and foreign countries. 
2. Opportunities for foreign lawyers/firms to practise in India strictly for non-litigious matters.
3. Opportunities for Indian lawyers to practise foreign/international law in India and abroad.
4. Promotion of India as a destination for international arbitration.

Among the various amended Rules notified by BCI for implementation, following are the salient ones:

1. Definitions and Scope of Practice
   a) Indian Advocate / Lawyer: Any person who is a law graduate from a BCI-recognised institution and who is enrolled as ‘advocate’ on the rolls of the Bar Council of any Indian State after duly complying with the provisions of Advocate Act 1961.
   i. He/she is authorised to practise law in a court / tribunal / statutory authority / quasi-judicial body; also authorised to engage in non-litigious legal activities like consultancy, documentation, etc.
   ii. Foreign citizen who obtains law degree from BCI-recognised Indian University/Institution cannot automatically practise law in India. He/she will need approval from BCI and will be restricted to practising non-litigious activities only i.e. activities other than litigating in a court of law.
   b) Foreign Lawyer: Any individual/ law firm/legal entity qualified to practise law in a foreign country and approved by BCI to practise non-litigious legal activity in India, based on compliance with BCI Rules.
   i. An Indian lawyer can additionally register himself with BCI as a ‘foreign lawyer’ too; he can then practise international law/arbitration but strictly in non-litigious areas of legal activity.
   ii. By registering himself as ‘foreign lawyer’, an Indian lawyer will not forfeit any of his professional rights to practise either litigious or non-litigious Indian law.
   c) Indian-Foreign Law Firm: Any legal firm/company/corporation/entity registered with BCI under this specific category for practice of law in India, similar to an Indian lawyer registered as foreign lawyer.
   i. Such Firms can practise both litigious Indian law and non-litigious foreign law in India.
   ii. Practice by such Firms in foreign countries is subject to reciprocal recognition by those countries.
   d) Foreign & International Law: While ‘Foreign Law’ is the entire body of legal framework pertaining to that foreign country, ‘International Law’ is the body of laws/rules/principle/norms governing transactions/relationships between multiple sovereign states, international organisations and globally recognised entities. Examples: international human rights, multi-national treaties, etc.
   e) International Commercial Arbitration: It is a recognised legitimate method of resolving disputes that arise in commercial transactions occurring in India, in which one of the parties is a foreign citizen or a business entity registered and governed by laws of a foreign county. Such disputes can also be of Indian citizens or Indian business entities seeking resolution under foreign law /international law.
2. Registration of Foreign Lawyers and Foreign Law Firms in India
   a) Foreign Lawyers/Law Firms cannot practise law in India unless they register themselves with BCI.  Similarly, Indian Lawyers/Law Firms cannot practise foreign/international law in India without being registered with BCI specifically as ‘Foreign Lawyer’.
   b) Only Exemption from above Registration is allowed for ‘Fly In, Fly Out’ Lawyers/Firms i.e. Lawyers or Law Firms who make short visits to India on legal work. This exemption is subject to the following:
   i. ‘FI,FO’ Lawyer/Firm should be qualified/registered to practise law in their home country.
   ii. Work involved is only giving legal advice to Indian client on foreign/international law and does not involve legal ‘practice’ as defined under Indian laws.
   iii. There should be no permanent place of work or infrastructure for such ‘FI,FO’ Lawyers/Firms.
   iv. Total duration of stay in India should not exceed 60 days in a 12-month period.
   c) Application for first time Registration by Foreign Lawyers/Law Firms to practise in India and Indian Lawyers/Law Firms to set up practice as Foreign Lawyer/Law Firm is prescribed under ‘Form A’.
   (i) Among various other documents to be submitted by Foreign Lawyer/Law Firm is a Certificate from Competent Authority in their Home Jurisdiction ensuring Reciprocal Treatment to Indian Lawyers.
   (ii) Indian Lawyer/Law Firm should submit an Affidavit declaring Compliance with Jurisdiction, Laws and Regulations of the foreign country.
   d) Registration fee shall be paid in the course of registering in India:
   
   

   Entity	Registration Fee
   Individual foreign lawyer	US$15,000 or equivalent fee in the foreign lawyer’s primary jurisdiction, whichever is higher. Additional registration fee for multiple foreign jurisdictions: US$5,000 per individual
   Foreign law firms, LLPs and or Corporations	US$25,000 or equivalent fee in the foreign firm’s primary jurisdiction, whichever is higher. Additional registration fee for multiple foreign jurisdictions: US$10,000 per law firm

   e) Registration through ‘Form A’ shall be for 5 years. Renewal of this Registration should be applied for in ‘Form B’ prescribed, 6 months prior to expiry of the registration.

3. Disciplinary Issues and Penalties
   a) Foreign Lawyer/Law Firm or Indian ‘Foreign Lawyer’ shall be treated on par with Indian Lawyers in matters pertaining to ethical conduct, disciplinary action and penalties for misconduct.
   b) BCI shall be the sole authority to adjudicate on disciplinary issues and its decision on penal action shall be final. BCI shall be empowered to modify or add penal provisions as it deems fit from time to time.
   c) Penal actions shall include cancellation of Registration in event of misrepresentation of facts provided.

For link of the notification: https://www.barcouncilofindia.org/info/press-rele-1bcbwy