The Bar Council of India (BCI) has officially notified the final set of rules regulating the registration and regulation of foreign lawyers and foreign law firms in India, as per the Gazette of India dated 13 May 2025. These rules are introduced by amending the Bar Council of India Rules, 2022, and shall come into force immediately upon their publication.
Background
The move comes after years of legal uncertainty surrounding the permissibility of foreign law practice in India. Courts in India, including the Supreme Court and Madras High Court, had previously held that foreign law firms and lawyers cannot practice law in India without complying with the Advocates Act, 1961 and the Bar Council rules.
What Do the New Rules Say?
The notified rules:
Allow foreign lawyers and law firms to practice in India on a reciprocal basis, primarily in non-litigious matters such as:
- Contract drafting,
- Corporate advisory,
- Arbitration and conciliation,
- Intellectual property consultation,
- Joint ventures, and
- International legal matters.
Clearly restrict them from:
- Appearing in Indian courts,
- Conducting Indian legal proceedings,
- Providing legal opinions on Indian law unless specifically permitted.
- Mandate registration with the Bar Council of India under the amended Rules.
- Define terms like “foreign lawyer” and “foreign law firm” to include individuals and entities practicing law in jurisdictions outside India, seeking to operate within Indian territory in specific legal domains.
Key Provisions at a Glance
- Rule 8 and accompanying sub-rules now formalise the eligibility, documentation, and permissible scope for foreign legal professionals.
- Registered foreign lawyers may advise clients on foreign and international law but cannot participate in legal proceedings before any court, tribunal, or authority in India unless allowed under special circumstances.
- Temporary visits for seminars, conferences, or client meetings do not constitute “legal practice” and thus do not require registration, provided no legal opinion is rendered or professional services are offered.
Significance
- Promotes cross-border legal collaboration while safeguarding the Indian legal ecosystem.
- Aligns India with international standards followed in jurisdictions like the UK, Singapore, and Australia, where controlled entry of foreign law practitioners is permitted.
- Encourages foreign direct investment (FDI) by providing international businesses with familiar legal advisory structures.
Statement from the Bar Council of India
In its official statement, the BCI emphasised that these rules are framed to ensure that the entry of foreign legal professionals strengthens India’s legal infrastructure, promotes mutual understanding, and does not disturb the balance of Indian legal services. The Council retains regulatory oversight and reserves the right to suspend or revoke registration in case of violations.
Timeline
- The rules were first published in draft form on 10 March 2023.
- Following feedback from stakeholders, they were amended and finalised in February 2025.
- The final rules were notified via the Gazette on 13 May 2025 and take immediate effect.
