New Delhi: The Bar Council of India (BCI) has informed the revised rules, effectively opening the legal market for foreign players, with important caves.
Amended Bar Council in India’s rules for registration and regulation of foreign lawyers and foreign law firms in India, 2022 now allows foreign lawyers to practice foreign laws and international legal matters, but prevent them from engaging in litigation practice, appearing before Indian courts, tribunals or any other legal authorities.
Therefore, the practice of Indian law remains an exclusive domain of Indian advocates registered under The Advocates Act, 1961.
Show full article
The BCI initially opposed the entry of foreign lawyers and foreign law firms in India in any form. However, between 2007 and 2014, BCI was authorized to discuss the issue with law and justice and commerce and industry ministries and societies during the Joint Advisory Conferences held with all State Bar Council officials and 2014.
A BCI press release of May 14, 2025 states that the rules have been implemented with the primary objective of protecting the interests of Indian advocates “regulating the practice of foreign law and international law in India”.
The rules of 2022 were reported in March 2023, but are now formally implemented.
Senior partner Hagreve Khatan, a senior partner of Kheton & Co. called it “positive step, resulting in knowledge sharing, innovation and rapid adoption of global best practices”.
However, Khith said that it should be with appropriate regulatory reforms to create a level playground for Indian law firms and allow them to successfully compete on the global platform, increasing domestic development.
What do these rules say, and what are applicable to foreign lawyers and law firms entering India? Theprint explains.
Also read: Fierce and royal, Leela Kabir stood with George Fernandes and stood alone as alone
What do rules say
Under the rules, foreign lawyers may engage in the non-violent practice of law, such as legal counseling, legal documentation, representation in arbitration proceedings, and other non-critical legal activities related to foreign law and international law.
Akash Karmakar, a partner in Law firm Panag and Babu, states that it is similar to Singapore, where foreign firms can practice foreign laws. He said, “He will need an Indian partner to support the issues of Indian law and to appear before the courts, but the transaction related to foreign law seems to be the appropriate game for international firms,” he said.
A foreign lawyer or legal firm will have to register with the BCI and follow all the applied rules that control the practice of law in India. It also applies to Indian advocates and Indian law firms that demand registration in the form of foreign lawyers and foreign law firms.
Rules allow Indian lawyers to reach foreign legal markets based on principles of mutuality. This means that Indian advocates and law firms may be registered as foreign lawyers or foreign law firms, allowing them to extend their practice for foreign law and international law consultation without abandoning their rights to practice Indian law in domestic law.
The BCI press release stated, “This dual registration provides an opportunity to Indian lawyers to widen its professional horizon by maintaining their position as advocates under Indian law.”
In fact, among other things, rules say that BCI is responsible for ensuring mutuality in the treatment of Indian lawyers and law firms abroad.
“The council has the right to cancel the registration of any foreign lawyer or law firm at any time, if it comes to the notice of the council through any source that Indian lawyers or Indian law firms are being discriminated against (against) by the country related to any manner,” says this. Therefore, the rules of mutuality require uniform treatment for Indian lawyers or law firms abroad for foreign lawyers or law firms to claim similar treatment in India.
Fly-in, fly-out
This registration requirement does not apply to the practice of law by a foreign lawyer or foreign law firm “Fly-in, fly-out” Base.
This includes strictly limited exercises to provide legal advice to customers in India related to foreign laws, or diverse international legal issues based on this fly-in and fly-outs. Such a lawyer or foreign law firm is also not allowed to establish, operate or maintain regular presence in any office, infrastructure or India for the purpose of such legal practice.
However, fly-in fly-out exercises need to be announced, which clearly specifies the nature of the work, involved in legal fields, customer details and courts. In addition, foreign lawyers using this fly-in fly-out provision will have to follow strict guidelines, which limit their stay in a 12-month period to 60 days.
Fly-in and formatting in rules related to fly-out lawyers also increases concerns. For Intenses, Rule 3 states that “this prohibition will not apply to the practice of law by a foreign lawyer or foreign law firm. ‘Fly-in, fly-out’ Base. However, later, the rule states that “such exercises (depending on fly-in and fly-out) … ,Practice, As defined under Indian law ”.
Karmakar says that it seems that “fly-in, fly-out” is allowed unless it is the amount for “practice”.
“What practice is unclear … fly-in, the concept of fly-out is so vaguely defined,” he explains. He claims that fly-in, fly-out practice should be excluded from governance, calling it “excessive and luxurious regulation”.
“Due to the complications of the process, comprehensive non-transportation can only reduce them the obligations of black letters that are not applicable or worse, have been selected.”
Red lace
A registered foreign lawyer or foreign law firm will be entitled to open law offices to carry out its practice in India.
Indian lawyers or law firms can also enter partnership with foreign lawyers or foreign law firms, if they are registered as foreign lawyers or foreign law firms under these rules. However, Indian lawyers and law firms can get work from foreign lawyers or law firms without the need for registration under these rules.
The registration given under the rules is valid for a period of five years.
Applications for BCI registration and renewal have to be approved. However, the rule states that the BCI may hold consultation with the Government of India through the Ministry of Justice and the Ministry of Justice, or any other ministry, if it is considered necessary in a particular case, “to ensure that the applicant meets all the relevant requirements and conditions set by these rules”.
This, Karmakar says, it means that BCI is also not given autonomy to make decisions. “This will be a lie in some size or form with the Ministry of Law and Justice.”
The rule allows the government to recommend any registration or renewal at any time on national security, or if it is an opinion that such registration or renewal is against national interest, or for any other legitimate basis.
Such foreign lawyers or permissible areas of exercise for foreign lawyers or foreign law firms include joining corporate legal matters such as joint enterprises, merger and acquisitions, intellectual property matters, contracts and other related transactions. They can also represent customers in international arbitration cases held in India.
Rules, workers say, add important red tape.
He said, “Rules intended to rationalize and regulate the entry of foreign firms into India. These rules add important red tape if a foreign firm wants to be obedient and wants to operate business in India, even if it only travels for a while,” they say.
(Edited by Tony Rai)
Also read: 15 years after CWG ‘scam’, why Delhi Court accepted Ed’s closure report against Suresh Kalamdi