India allows foreign qualified lawyers to practise and set up firms in country without permission to appear before courts and tribunals: A Game Changer move for next-gen lawyers

Article written by Divya

The legal profession in India is governed by a complex set of rules and regulations. Until recently, foreign lawyers were not allowed to practise law in India without first taking the Indian Bar Exam and becoming a member of the Bar Council of India. However, in a significant development, the Indian government has now decided to allow foreign lawyers to practise law in India without allowing them to appear before any courts and tribunals.

This decision comes as part of the Indian government’s effort to liberalise the legal profession in India and to promote greater internationalisation of the Indian legal sector. The move has been welcomed by many as a step in the right direction, although there are still some concerns about the potential impact on Indian lawyers and the Indian legal system as a whole.

Under the new rules, foreign lawyers will be allowed to advise clients on Indian law and on matters related to international law, as well as on matters related to arbitration and mediation. They will also be allowed to work in collaboration with Indian lawyers on transactions and other legal matters. However, they will not be allowed to appear before any courts or tribunals in India, and they will not be allowed to engage in litigation or dispute resolution activities.

This decision has been a long time coming. For many years, there has been a push to liberalise the legal profession in India and to allow foreign lawyers greater access to the Indian legal market. This has been driven by a number of factors, including the growing importance of India in the global economy, the increasing demand for legal services in India, and the desire to promote greater internationalisation of the Indian legal sector.

There are many potential benefits to allowing foreign lawyers to practise law in India. For one thing, it could help to increase the quality and diversity of legal services available in the country. Foreign lawyers bring with them a wealth of knowledge and experience from their home countries, which could be invaluable in helping to improve the quality of legal services available in India.

In addition, allowing foreign lawyers to practise in India could help to promote greater international cooperation and collaboration in the legal sector. This could be particularly important in areas such as international arbitration and dispute resolution, where there is a growing need for cross-border cooperation and expertise.

However, there are also some potential drawbacks to this decision. One concern is that it could  lead to increased competition for Indian lawyers, particularly in areas such as corporate law and transactional work. Some have also expressed concerns that allowing foreign lawyers to practice in India could lead to a loss of local knowledge and expertise, as well as a loss of business for Indian law firms.

Overall, the decision to allow foreign lawyers to practise law in India without allowing them to appear before any courts and tribunals is a significant development for the Indian legal sector. While there are certainly potential drawbacks to this decision, there are also many potential benefits, and it is likely that the impact of this decision will be closely watched by legal professionals in India and around the world.