The Bar Council of India (BCI) issued a press release to clarify its recently published gazette notification regarding the entry of foreign lawyers and law firms in India. The BCI clarified that Non-native legal practitioners and law firms could only offer legal advice and services on foreign and international laws to foreign clients. They cannot appear in any court, tribunal, board, or regulatory authority that can take evidence on oath. Furthermore, overseas counsel can practice only in non-litigation areas. Additionally, their entry into India will be reciprocal. Scope of Work for Foreign Lawyers in India The BCI Rules for Registration and Regulation of International attorneys and Foreign Law Firms in India, 2022, enable international lawyers and arbitration practitioners to advise clients in India on foreign and international law. However, there was confusion surrounding the scope of work that foreign lawyers can do, prompting the BCI to issue the clarification press release. Furthermore, overseas counsel can practice only in non-litigation areas. Additionally, their entry into India will be reciprocal. BCI Rules Encourage India as a Venue for International Commercial Arbitration The BCI believes these rules will encourage multinational corporations and foreign commercial entities. Consequently, India will be promoted as a hub for international commercial arbitration. Moreover, the Supreme Court of India instructed the BCI and the Government of India. This case dates back to March 13, 2018. The BCI highlighted that the implementation of the new regulations would not have any effect on Indian lawyers. Furthermore, it clarified that the new […]
News Tags: BCI (Bar Council of India)
The Bar Council of India (BCI) is a statutory body. It regulates the legal profession in India. It was established under the Advocates Act, 1961, and is headquartered in New Delhi.
Functions of the Bar Council of India
- Regulation of legal education in India
- Recognition and regulation of law colleges in India
- Enrolment of advocates and maintenance of their rolls
- Standardization of professional ethics and etiquettes for advocates
- Promotion of legal education and research
- Organizing continuing legal education and professional development programs for advocates
- Disciplinary action against advocates for professional misconduct
- Assisting and advising the central and state governments on legal matters
Enrolment of Advocates
- Advocates seeking enrolment with the BCI must fulfil the eligibility criteria. This includes having a law degree from a recognized university and passing the All India Bar Examination (AIBE).
- The BCI maintains a roll of advocates. This is divided into state-wise lists. Advocates can practice in any court in India once they are enrolled with the BCI.
- Advocates are required to renew their enrolment every five years.
Legal Education
Law Colleges
The BCI is responsible for the recognition and regulation of law colleges in India. In fact, Law colleges must comply with the BCI’s standards and regulations to be recognized and allowed to offer law courses. Moreover, The BCI regularly inspects law colleges to ensure compliance with its standards.
All India Bar Examination (AIBE)
The AIBE is indeed a national-level examination conducted by the BCI that assesses an advocate’s knowledge of the law and professional ethics. Of course, It is mandatory for advocates seeking enrolment with the BCI. Meanwhile, The examination is conducted in multiple languages. The advocates can appear for the examination multiple times if they do not pass on the first attempt.
Professional Ethics
The BCI has prescribed a code of professional ethics and etiquettes for advocates that they must adhere to. Any advocate found violating the code can be subjected to disciplinary action by the BCI.
Conclusion
The Bar Council of India plays a vital role in regulating the legal profession in India. It sets standards for legal education and professional ethics and ensures that advocates follow them. The BCI’s work is crucial in maintaining the integrity of the legal system and upholding the rule of law in India.
