New Delhi: The Bar Council of India (BCI) has notified amended rules, effectively opening up the legal market for foreign players, albeit with significant caveats.
The amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 now permit foreign lawyers to practice foreign law and international legal matters in India, but prohibit them from engaging in litigation practice, appearing before Indian courts, tribunals or any other statutory authorities.
Therefore, practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act, 1961.
The BCI had initially opposed the entry of foreign lawyers and foreign law firms into India in any form. However, between 2007 and 2014, during Joint Consultative Conferences held with officer-bearers of all the State Bar Councils, the BCI was authorised to hold discussions on this issue with the ministries of Law and Justice and Commerce and Industry, as well as law councils and societies of foreign countries.
A BCI press release dated 14 May, 2025, says the rules have been enforced with the “primary objective of safeguarding the interests of Indian advocates while regulating the practice of foreign law and international law in India”.
The 2022 Rules were notified in March 2023, but have formally been brought into force now.
Haigreve Khaitan, senior partner at Khaitan & Co, called this a “positive step that will result in increased knowledge sharing, innovation and faster adoption of global best practices”.
Khaitan, however, asserted that this must be accompanied by appropriate regulatory reforms for Indian law firms to create a level playing field and allow them to compete successfully on the global stage while spurring domestic growth.
What do these rules say, and what are the caveats the impose on foreign lawyers and law firms entering India? ThePrint explains.
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What do the rules say
Under the rules, foreign lawyers can engage in non-litigious practice of law, such as legal consultancy, legal documentation, representation in arbitration proceedings, and other non-litigious legal activities related to foreign law and international law.
Akash Karmakar, partner at law firm Panag and Babu, explains that this is similar to Singapore, where foreign firms can practice foreign law. “They would need an Indian partner for support with issues of Indian law and to appear before courts, but transactional work involving foreign law seems to be fair game for international firms,” he told ThePrint.
A foreign lawyer or law firm intending to practice in India has to register with the BCI and comply with all applicable regulations governing the practice of law in India. This also applies to Indian advocates and Indian law firms seeking registration as foreign lawyers and foreign law firms.
The rules allow Indian lawyers to access foreign legal markets based on principles of reciprocity. This means that Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic fora.
“This dual registration provides Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law,” the BCI press release says.
In fact, among other things, the rules say BCI is responsible for ensuring reciprocity 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, any time, if it comes to the notice of the Council through any source that the Indian lawyers or Indian law firms are being discriminated (against) by the concerned counterpart foreign country in any manner,” it says. Therefore, rules of reciprocity require similar treatment for Indian lawyers or law firms at foreign countries, for the foreign lawyers or law firms to claim similar treatment in India.
Fly-in, fly-out
This registration requirement does not apply to practice of law by a foreign lawyer or foreign law firm conducted on a “fly-in, fly-out” basis.
This fly-in and fly-out basis involves practice strictly limited to providing legal advice to clients in India concerning foreign law, or diverse international legal issues. Such a lawyer or foreign law firm is also not allowed to establish, operate, or maintain any office, infrastructure, or regular presence in India for the purpose of such legal practice.
However, there needs to be a declaration of fly-in fly-out practice, clearly specifying the nature of work, legal areas involved, client details, and jurisdictions. Also, foreign lawyers utilising this fly-in fly-out provision have to comply with strict guidelines limiting their stay to 60 days per 12-month period.
The drafting in the rules pertaining to fly-in and fly-out lawyers also throws up concerns. For intance, Rule 3 says that “this prohibition shall not apply to the practice of law by a foreign lawyer or foreign law firm conducted on a ‘fly-in, fly-out’ basis. However, subsequently, the Rule goes on to say that “such practice (on fly-in and fly-out basis)…must not amount to ‘practice’ as defined under Indian law”.
Karmakar says that it looks like “fly-in, fly-out” is permitted as long as it does not amount to “practice”.
“What is practice is vague…The concept of fly-in, fly-out is so vaguely defined,” he points out. He asserts that the fly-in, fly-out practice should have been kept out of the regime, calling it “excessive and onerous regulation”.
“Widespread non-compliance owing to the complexities of the process may just reduce these to black letter obligations which are not enforced or worse, selectively enforced.”
Red tape
A registered foreign lawyer or foreign law firm will be entitled to open law offices in India for carrying out their practice.
Indian lawyers or law firms can also enter into partnerships with foreign lawyers or foreign law firms only if they are registered under these rules as foreign lawyers or foreign law firms. However, Indian lawyers and law firms may receive referred work from foreign lawyers or law firms without requiring registration under these rules.
Registration granted under the rules is valid for a period of five years.
BCI is to approve applications for registration and renewal. However, the rule adds that BCI may hold consultations with Government of India through Ministry of Law and Justice, or any other ministry if it is deemed necessary in a particular case, “to ensure that the applicant fulfills all the relevant requirements and conditions as laid down by these rules”.
This, Karmakar says, means BCI is not even granted autonomy of decision making. “This will lie with the Government of India, Ministry of Law and Justice in some shape or form.”
The rule even allows the government “the right” to recommend cancellation of any registration or renewal at any time on the ground of national security, or if it is of the opinion that such registration or renewal is against national interest, or for any other valid ground.
The permissible areas of practice for such foreign lawyers or foreign law firms include engaging in corporate legal matters such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts, and other related transactional work. They can also represent clients in international arbitration cases conducted in India.
The rules, Karmakar therefore says, add significant red tape.
“The avowed intention of the rules was to rationalise and regulate the entry of foreign firms into India. These rules add significant red tape if a foreign firm wants to be compliant and conduct business in India even if only visiting for a short while,” he explains.
(Edited by Tony Rai)
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