Centre considering allowing entry of Foreign Law Firms on reciprocity basis

The Central government is considering allowing the entry of Foreign Law Firms in India on a reciprocity basis, the answer to a Parliamentary Question in the Lok Sabha reveals..BSP MP Harinarayan Rajbhar yesterday asked the Law Ministry whether the government proposes to allow Foreign Law Firms to operate in India to operate on a reciprocity basis. In response, Minister of State for Law and Justice PP Chaudhary stated,.“The matter regarding entry of foreign law firms in the country on the basis of reciprocity in under consideration of Government. The Law Commission report and the Supreme Court Judgment dated 13.03.2018 on the issue under consideration of Government of India.”.In its 266th Report, the Law Commission of India had discussed the entry of foreign law firms on a reciprocal basis..“…the Law Commission considers it necessary to have enabling provisions in the Advocates Act which will enable the Bar Council of India to frame rules to recognise and register foreign law firms and lawyers in India, as and when a decision is taken in this regard, particularly in view of the reciprocity provisions.”.The Supreme Court last week upheld the judgments of the Madras High Court and the Bombay High Court, reiterating that Foreign Law Firms cannot set up offices in India. Nevertheless, it held that these firms can operate on a ‘fly in fly out’ basis..Rajbhar had also asked whether the Bar Council of India (BCI) was opposed to the liberalisation of the Indian legal market. While, the Society of Indian Law Firms (SILF) had proposed that they be allowed to enter in a phased manner, the BCI, has previously opposed the same. Although it had been in talks with the government and other stakeholders on the issue, its present stance in yet to be determined..Another question asked was how the foreign law firm will qualify to be listed as an advocate under the Advocates Act, 1961, in case they are eventually allowed to set up shop..That information, as well as the BCI’s stance on the issue will be laid on the table of the Lok Sabha..Read the reply:.HT to @upmanyutrivedi