26/03/2023
*AILU AILU opposes entry of Foreign lawyers & Foreign law firms*
All India Lawyers Union (AILU) opposes the Bar Council of India Resolution and Bar Council of India Rules permitting *Foreign lawyers & Foreign law firms* to practice in India. AILU demands immediate withdrawal of Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. They are totally against the Advocates Act, 1961, judgments and mandates of the Supreme Court of India, High Court of Bombay and High Court of Madras on the subject- entry of foreign lawyers and foreign law firms. The concept of opening up of Indian legal profession for foreign lawyers and foreign law firms in the resolution and the Rules No. BCI:D:1260/2023 is beyond the concept of *“Fly in & Fly out”* recognised/permitted by the Supreme Court of India.
The entry of foreign lawyers and foreign law firms cannot be permitted or justified under the guise of international arbitration and/or reciprocity. The Rules now promulgated by the Bar Council of India is not addressing even the concern recorded at Para 42 of the judgment of the Supreme Court of India dated 13.03.2018 in Civil Appeal Nos. 7875-7879/2015 with Civil Appeal No. 7170/2015 and Civil 8028/2015 in Bar Council of Indi Vs. A.K. Balaji & others. Non- litigious practice is also legal practice covered by Advocates Act, 1961 and for which Foreign Lawyers & Foreign Law Firms are not permitted.
The Bar Council of India resolution and the present Rules are passed without considering and addressing the objections and the protest raised by the All India Lawyers Union (AILU) and other lawyers organisations in India at the initial stage itself, against such a resolution and the draft Rules.
The present action of the Bar Council of India is against interest of Indian Bar. It would affect independence of the Indian Bar. An independent and strong Indian Bar is the pre-condition for the independence and accountability of judiciary in India which is a cornerstone of our parliamentary democracy. Entry of foreign lawyers and law firms, in the present context, having regard to democratic index of India and level of democratisation of the society, would prejudicially impact democracy in India.
We call upon the Bar Council of India to repeal /withdraw the Rules forthwith and not to permit *Foreign lawyers & Foreign law firms* to practice in India, in any form.
Bikas Ranjan Bhattacharya
President
MP (Rajya Sabha)
P.V. Surendranath, Sr. Advocate General Secretary
ALL INDIA LAWYERS UNION
