In an unexpected development today, the Bar Council of India withdrew its own Draft Rules on the entry of foreign law firms..This was revealed today in a meeting with various stakeholders including the Ministry of Commerce, Society of Indian Law Firms (SILF), the Indian Corporate Counsel Association (ICCA), FICCI, Indian National Bar Association members and the Law Secretary Suresh Chandra..BCI Chairman Manan Kumar Mishra told Bar & Bench that the BCI will not be participating in any of the meetings..The reasons cited by the BCI Chairman include the allegation that the Law Ministry and Commerce Ministry are involving private organizations like the ICCA in the debate over the opening of the legal market. These private organizations are being involved, according to the BCI, at the instance of some of bureaucrats particularly those in the Commerce Ministry and the Law Ministry..The ICCA had submitted a draft bill “Foreign Legal Practitioners (Regulation of Practice) Bill 2016” to the Law Secretary on the opening of the legal market..Mishra said these organizations have no connection with the issue at hand. In the letter, the BCI has said that,.“It is a matter of deep and grave concern for the entire legal fraternity, that some unheard of pocket organizations having no legal sanctity or locus standi have been sought to be entrusted to prepare and propose Draft Regulations of law for entry of foreign law firm in India.”.The letter further states, “It is apparent that some handful bureaucrats in the Ministry of Law are trying to Usurp the powers and functions of the BCI granted through statute…”.Mishra also said that since a matter (AK Balaji) is pending before the Supreme Court of India and all the State Bar Councils are opposed to this move of BCI and the Government, BCI has decided to withdraw these rules..In its letter, the BCI has indicated that BCI members will be will be discussing the issue with the Prime Minister, the Law Minister and the Finance Minister..In today’s meeting once the Law Secretary disclosed that the draft rules have been withdrawn, nothing remained to be discussed. It remains to be seen how the government will now resolve this deadlock..Read the BCI letter:
In an unexpected development today, the Bar Council of India withdrew its own Draft Rules on the entry of foreign law firms..This was revealed today in a meeting with various stakeholders including the Ministry of Commerce, Society of Indian Law Firms (SILF), the Indian Corporate Counsel Association (ICCA), FICCI, Indian National Bar Association members and the Law Secretary Suresh Chandra..BCI Chairman Manan Kumar Mishra told Bar & Bench that the BCI will not be participating in any of the meetings..The reasons cited by the BCI Chairman include the allegation that the Law Ministry and Commerce Ministry are involving private organizations like the ICCA in the debate over the opening of the legal market. These private organizations are being involved, according to the BCI, at the instance of some of bureaucrats particularly those in the Commerce Ministry and the Law Ministry..The ICCA had submitted a draft bill “Foreign Legal Practitioners (Regulation of Practice) Bill 2016” to the Law Secretary on the opening of the legal market..Mishra said these organizations have no connection with the issue at hand. In the letter, the BCI has said that,.“It is a matter of deep and grave concern for the entire legal fraternity, that some unheard of pocket organizations having no legal sanctity or locus standi have been sought to be entrusted to prepare and propose Draft Regulations of law for entry of foreign law firm in India.”.The letter further states, “It is apparent that some handful bureaucrats in the Ministry of Law are trying to Usurp the powers and functions of the BCI granted through statute…”.Mishra also said that since a matter (AK Balaji) is pending before the Supreme Court of India and all the State Bar Councils are opposed to this move of BCI and the Government, BCI has decided to withdraw these rules..In its letter, the BCI has indicated that BCI members will be will be discussing the issue with the Prime Minister, the Law Minister and the Finance Minister..In today’s meeting once the Law Secretary disclosed that the draft rules have been withdrawn, nothing remained to be discussed. It remains to be seen how the government will now resolve this deadlock..Read the BCI letter: