A suggestion of the commerce ministry to allow foreign lawyers to practice in India has been highly opposed by the Bar Council of India (BCI). The Bar Council withdrew itself from the process of drafting the law after several advocates association and lawyers’ firms across the country opposed this new suggestion. The Bar Council of India has also putted up an allegation over the Law and commerce Ministry for giving away its powers to Indian Corporate Counsel Association (ICCA). The BCI alleged that they are a victim of political game played by the ministry.
The chairman of BCI said that they accepted to prepare rules with regards to respect and obedience towards the government but outsourcing of their authority made them to take a step back from the process. The BCI also asked the government to wait for Supreme Court’s decision over the issue. The law ministry is now blaming the BCI.
In response to apex legal body’s draft rules, Foreign Legal Practitioners’ Bill has already been sent by the government with the help of ICCA. 26-49 percent of FDI is allowed within a period of 2-5 years. Foreign Practitioners’ Registration Board is also mentioned in the bill which is to be headed by retired Supreme Court Judge. BCi’s role has been restricted.
Legal sectors are one of the few sectors where foreign entry is still restricted. Drafted rules had already been circulated by the government amongst the stakeholders on July, 5 for discussions. However, BCI withdrawn itself from the process after the involvement of ICCA.
The ICCA officials and the law ministry officials blamed BCI for stalling the process of opening India to International Legal environment.