The Bar Council of India (BCI) on Wednesday issued a strongly worded press release expressing disapproval of Society Of Indian Law Firm’s (SILF) opposition to entry of foreign law firms in India.
Recently, SILF President Lalit Bhasin has stated in conversations with various different media outlets that the Advocates Act ought to be amended before entry of foreign law firms can take place and that the BCI’s notification was premature, as there was a Supreme Court Judgment in 2018 that barred foreign lawyers from practicing in India.
Furthermore, following BCI’s notification dated May 13, 2025, SILF formed a committee headed by Shardul Shroff to suggest changes to the said rules, requesting BCI to keep the new rules in abeyance for the time being.
The 5-page press release signed by Principal Secretary, BCI Srimanto Sen, states-
“In BCI’s considered opinion, SILF does not represent the broad spectrum of Indian law firms. It functions primarily as a closed group dominated by a few large, well-established firms. Its stance and actions do not reflect the concerns or aspirations of more than 90% of India’s smaller or emerging law firms.
In fact, the consistent feedback BCI has received indicates that SILF has historically acted to preserve its members commercial interests at the expense of young, deserving Indian lawyers and new legal practices striving to grow in an increasingly competitive and global legal arena. SILF seemingly does not want the young talents and budding Law Firms of India to flourish and grow.
In contrast, the BCI’s Regulations aim to protect the interest of such smaller, deserving, capable, talented and ambitious Law Firms and Lawyers of India.”
BCI’S press release refutes Mr.Bhasin’s contention that as per SC’s ruling foreign lawyers cannot do advisory work. It states-
“The judgment in Bar Council of India v. A.K. Balaji (affirmed by the Hon’ble Supreme Court) makes this distinction very clear. Foreign lawyers may not appear in court or engage in Indian legal matters, but are not barred from engaging in advisory work, consultancy, and international arbitration related to foreign law. The Rules amended in 2025 Rules have been carefully framed in line with this legal position, and any contrary reading is not just erroneous, it is misleading.”
As reported earlier, the BCI’s notification dated May 13, 2025 allowing entry of foreign law firms into the country, emphasizes upon protection for Indian Lawyers, as the amended regulations explicitly stipulate that the practice of Indian law remains the exclusive domain of Indian advocates registered under the Advocates Act, 1961.
Foreign lawyers and law firms are categorically prohibited from practicing Indian law, appearing before Indian courts, tribunals, or statutory authorities. The scope of permitted practice for foreign lawyers is strictly confined to non-litigious areas involving foreign law, international law, and arbitration matters, particularly concerning cross-border transactions and international disputes.
Moreover, the Bar Council went on to state through the press release, that “For over two decades, SILF has consistently opposed any progress toward reciprocity or structured engagement with foreign firms, thereby stalling the growth and global presence of Indian law firms in international jurisdictions. This obstructionist stance, in BCI’s view, has had a regressive effect on the Indian legal profession’s international standing.”
BCI has already constituted a high-level Committee chaired by Cyril Shroff and comprising senior partners from Leading law firms, including Ajay Bahl, Suhail Nathani, Sandip Bhagat, Mahesh Agarwal, and Amit Kapur. These members have been tasked with reviewing the rules and incorporating feedback from stakeholders.
Finally, the press release states-
“All interested individuals and organizations, including SILF, are welcome to make suggestions either to the Committee or directly to BCI. The BCI is committed to considering all bona fide concerns in the spirit of constructive legal reform.”
Click Here To View BCI’s Press Release