WTO quizzes India on opening up of legal sector: Read India’s replies

Members of the World Trade Organisation (WTO) questioned India with regard to the opening up of the legal sector at a Trade Policy Review meeting held on July 31. India has replied that the matter is under consideration and that a decision will be taken after consultation with the Bar Council of India and other stakeholders..As reported earlier, the India government is in talks with the BCI and the Society of Indian Law Firms (SILF) to this end. A Committee of Secretaries (CoS) is considering a Commerce Ministry proposal to open up the legal sector in a phased manner..According to this news report, the proposal being considered by the CoS recommends that international arbitration and mediation services and only advisory or non-litigious services in the home country law of the foreign lawyer, third country law and international law may be allowed..A number of members posed questions to find out the status of India’s plans of allowing foreign lawyers to practice in India. Costa Rica asked whether both citizens of India and citizens of a country that allows Indian nationals to practice on a reciprocal basis will have the same treatment. India replied,.“As per the Indian Advocates Act, 1961, in order to be eligible for enrolment as an advocate, amongst other things, a candidate has to be a citizen of the country or a country which allows Indian nationals to practice as per the reciprocity treatment. There is no difference so far field of practice is concerned between a citizen of India and citizens of a country that allows Indian nationals to practice on a reciprocal basis.”.The European Union then asked whether there have been bilateral agreements where the nationality requirement has been waived on a reciprocal basis..“The Bar Council of India (BCI), a statutory body under the Advocates Act 1961, and the legal services regulator in India, entered into an MoU with the Law Council of Australia in the year 2010 for an agreement with regard to exchange of law students and law teachers. The BCI is also in dialogue with regulators in many countries such as the USA, UK, Japan, etc. with respect to commercially meaningful access for lawyers and law firms on reciprocal basis.”.The same news report quotes a government official reiterating this stance..“We will negotiate separate agreements with individual countries and only offer access to our market if we get the same in return.”.The EU and USA also asked India to justify the ban on foreign law firms from practicing in the country. Further, they asked if India had any plans to open up the legal sector and when the same would happen. India replied cautiously thus,.“The matter regarding opening up of legal services in India to foreign lawyers/law firms is currently under consideration. Any decision in this regard will be taken by the Government of India in consultation with the Regulator, the Bar Council of India, and other stakeholders. Any decision on this matter will however be subject to, inter-alia, the principle of reciprocity, which is provided for in the Advocates Act, 1961.”