Lok Sabha Question No. 6019 (UNSTARRED), answered on 2018-04-04
Subject: Foreign Legal Firms
Ministry: LAW AND JUSTICE
Asked by: KUNWAR HARIBANSH SINGH, VIJAY KUMAR S.R., NARANBHAI KACHHADIA, T. RADHAKRISHNAN, ANWHAR RAAJHAA, GAJANAN CHANDRAKANT KIRTIKAR, BIDYUT BARAN MAHATO, SUDHEER GUPTA

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS *****

## LOK SABHA UNSTARRED QUESTION NO-6019 TO BE ANSWERED ON 04.04.2018

Foreign Law Firms

## 6019.  SHRI KUNWAR HARIBANSH SINGH:

SHRI S.R. VIJAYAKUMAR:

SHRI NARANBHAI KACHHADIYA:

SHRI T. RADHAKRISHNAN:

SHRI A. ANWHAR RAAJHAA:

SHRI GAJANAN KIRTIKAR:

SHRI BIDYUT BARAN   MAHATO:

SHRI SUDHEER GUPTA:

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government proposes to allow the foreign legal firms to practice in the country.
- (b)              if so, the details thereof along with the reasons for the same and  the process  laid down for the said entry;
- (c) whether the Advocates Act prevent non-citizen/firms from carrying out legal business in the country;
- (d)              if so, the details of proposal being prepared by the Government to integrate foreign legal firms and profession of  advocates;
- (e)              whether new rules/amendments in the Advocate Act are likely to enable Indian Legal firms to set up offices in the other countries and get the services of able foreign partners and if so, the details thereof; and
- (f)              whether the Bar Council of India has  lodged protest to revoke ban on foreign firms  and if so, the details thereof along with the response of the Government thereto?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a) & (b) T he matter regarding entry of foreign law firms  is under consideration of Government. The 266 th Report of  Law Commission and the Supreme Court Judgment dated 13.03.2018 in the case of Bar Council of  India Vs A.K. Balaji and Ors , which deals with the issue, are also under consideration of Government.

(c) ,(d) & (f) Hon,ble Supreme Court of India in its judgment dated 13.03.2018 in  Civil Appeal Nos.78757879 of  2015  titled Bar Council of  India Vs A.K. Balaji and Ors. held that foreign law firms cannot set up offices in India or practice in Indian Courts, but there is no bar for the foreign law firms or foreign lawyers to visit India for a temporary period for giving legal advice regarding foreign law on diverse international legal issues on a 'fly in and fly out' basis if it does not amount to practice. It was further held that if the matter is governed by particular rules of an arbitral institution or if the matter otherwise falls under section 32  or  33  of  Arbitration  and  Conciliation  act,  1996  there  is  no  bar  on  foreign  lawyers  to  conduct  such proceedings in India.  Law Commission of India submitted its 266 th report tilted 'The Advocate Act,1961 (Regulation  of  Legal  Profession)',  which  is  under  consideration  of  Government  of  India,  along  with  the aforesaid order of Hon,ble Supreme Court.

(e)    Yes, Bar Council of India protested the entry of foreign law firms before Hon'ble Supreme Court  in SLP titled Bar Council of  India Vs A.K. Balaji and Ors. The 266 th Report of  Law Commission and the aforesaid Supreme Court Judgment dated 13.03.2018, which deals with the matter, are under consideration of Government of India .