Challenge to entry of foreign law firms: BCI tells Delhi High Court 'everything is stuck'

The Delhi High Court on Tuesday said that the petition challenging the decision of the Bar Council of India (BCI) to allow entry of foreign law firms in India will be heard on September 9 [Narendra Sharma and Ors v. Bar Council of India and Ors]..A Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela adjourned the hearing since it was left with no time to hear the matter today. When the Bench was about to rise, BCI's lawyer mentioned the matter and stated that "everything was getting stuck" because of the case. He told the Court that the BCI has filed an affidavit in response to the plea and the case may be taken on a short date. The Court then passed the order allowing the petitioners to file a reply to the BCI affidavit and said that the case will be heard in September. .The plea filed by a group of lawyers has challenged the notification of the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 by the BCI on March 10, 2023.They have argued that the BCI does not have the authority or power under the Advocates Act of 1961 to issue the notification allowing foreign lawyers to be registered in India and to practice law in non-litigious matters..The BCI recently filed its response to the plea and defended the decision to allow foreign law firms to work in India, arguing that the move will benefit Indian lawyers as well.The BCI said that it will hold consultations with stakeholders to address issues in the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 raised by Indian lawyers and law firms."The Bar Council of India is in the process of making certain necessary amendments in these Rules and Regulations in order to ensure the factum of reciprocity in letter and spirit...The amendments would be aimed at a greater collaboration between foreign and Indian lawyers, and towards a more inclusive and integrated legal system in India," the reply stated.Among the provisions being amended, the BCI says, are those pertaining to reciprocity and the fly-in, fly-out model that allows foreign lawyers to operate in India for a maximum of 60 days in any period of 12 months."Even “the fly in and fly out” entry has to be regulated. The Bar Council of India is proposing to make these changes in the light of observations of apex court very soon. The Bar Council of India recognizes the need for specific amendments to the current Rules and Regulations. The objective is to ensure that the principle of reciprocity is not only adhered to in writing but also in its true spirit."