NEW DELHI, Jun 19: The Bar Council of India has chided the Society of Indian Law Firms (SILF) for its apprehensions on the entry of foreign lawyers and law firms in the Indian legal arena and said it “misrepresented or conveniently ignored” aspects in the BCI amended rules on the same.
The BCI, in its June 18 statement, was referring to its 2025 Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India.
“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 per cent of India’s smaller or emerging law firms,” the BCI said.
SILF, a collective body of Indian law firms, attempted to “mischaracterise” the regulations by claiming that Indian legal practice is being compromised, it added.
“In fact, the regulations explicitly protect Indian legal sovereignty. This conduct is not only unbecoming of members of the legal fraternity but also undermines the institutional integrity of a statutory regulatory authority under the Advocates Act,” the release said.
SILF, the BCI continued, did not clearly explain how the implementation of the amended regulations would harm Indian lawyers or law firms.
“One of the core fears that appears to motivate SILF’s opposition, though rarely stated openly, is the apprehension that foreign law firms, once registered under the regulatory framework, may choose to work directly with smaller and mid-sized Indian law firms or talented young lawyers rather than continuing to route their work exclusively through the handful of large, entrenched Indian firms that dominate SILF,” the release said.
The BCI release added, “It is paradoxical that many of these very SILF member firms have already established offices abroad or entered into informal tie-ups with foreign law firms, gaining significant cross-border legal work and commercial advantage for themselves, while resisting efforts that would allow others similar opportunities.”
The release said that the BCI regulations were designed to dismantle decades-long monopolies, reduce gatekeeping by elite firms, and democratise access to international opportunities.
The regulations were stated to be in place to protect the interests of smaller, deserving, capable, talented and ambitious lawyers and firms, while providing them the opportunity to gain global exposure, establish their presence internationally, and demonstrate their capabilities on the world stage.
“It is a matter of record that many of the firms comprising SILF have maintained close, long-standing professional affiliations with major foreign law firms. These affiliations have enabled a parallel legal services economy, wherein foreign legal work is funnelled through select Indian firms. This has systematically denied fair opportunities to the vast majority of Indian legal practitioners,” the release said.
The BCI defended its decision to notify the amended Regulations in May 2025, saying it was based on extensive consultations and overwhelmingly positive feedback from law firms across the country.
“Contrary to the misleading claims being circulated, these rules do not allow foreign lawyers to practice Indian law, litigate in Indian courts, or appear before any Indian tribunal or statutory authority, and they restrict foreign law firms and lawyers strictly to advisory roles in non-litigious matters involving foreign law, international law, or international commercial arbitration, all subject to regulatory oversight and a No Objection Certificate (NOC) from the Government of India,” it added.
SILF was said to have not engaged in any open or transparent discourse regarding the actual implications of the rules and instead relied on vague assertions.
“BCI considers it essential to highlight certain crucial aspects that have either been misrepresented or conveniently ignored by SILF in its recent correspondence and public statements,” the release said.
The release, with BCI’s principal secretary Srimanto Sen as the signatory, cited a 2018 judgment of the Supreme Court, according to which, foreign lawyers could not appear in court or engage in Indian legal matters, but were not barred from engaging in advisory work, consultancy, and international arbitration related to foreign law.
“The amended 2025 rules have been carefully framed in line with this legal position, and any contrary reading is not just erroneous, it is misleading.”
The release referred to a high-level committee of the BCI, tasked to review the rules and incorporating feedback from stakeholders.
“All interested individuals and organisations, 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,” it said.
For broadening its consultation process, the BCI said, it was resolved to individually engage with law firms nationwide and proposed to convene a national-level conference of Indian law firms in Mumbai in September, where all viewpoints, especially those of smaller and emerging firms, would be heard. (PTI_)
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