In a press release dated 18-06-2025, the BCI took note of the public statements and internal developments within the Society of Indian Law Firms (‘SILF’), regarding the BCI’s 2025 amended Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India.
The Bar Council of India (‘BCI’) noted that the SILF primarily functioned as a closed group dominated by a few large, well-established law firms. As a result, its stance did not reflect the concerns of over 90% of India’s smaller or emerging law firms.
Based on feedback received, the BCI observed that “SILF consistently acted in its own interest and did not support the growth of young legal talent or budding law firms in India”. In contrast, the BCI’s Regulations aimed to protect the interests of smaller, capable, and ambitious Indian law firms and lawyers by providing them with international exposure and opportunities to establish a global presence.
The BCI further stated that SILF had maintained close and long-standing professional relationships with major foreign law firms. This enabled the development of a parallel legal services market, where foreign legal work was funneled through a few select Indian firms, thereby limiting fair access for the majority of Indian legal practitioners.
Over the past two decades, SILF had consistently opposed efforts to promote reciprocity or formal engagement with foreign law firms. According to the BCI, this stance had hindered the international growth and visibility of Indian law firms, leading to regressive outcomes for the broader legal profession.
The BCI’s decision to issue the amended Regulations in May 2025 followed extensive consultations and strong support from Indian law firms across the country. The amendments did not permit foreign law firms or lawyers to practice Indian law. Instead, they allowed only advisory roles limited to non-litigious matters involving foreign law, international law, or international commercial arbitration. These activities were subject to regulatory oversight and required a No Objection Certificate (‘NOC’) from the Government of India.
In framing the amended Regulations, the BCI took into account the position upheld in the Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379, as affirmed by the Supreme Court of India.
Despite being aware of Section 24 of the Advocates Act, which provides for the enrollment of foreign nationals in India on a reciprocal basis and subject to specific conditions, SILF did not engage in a detailed or constructive discussion regarding the actual implications of the Regulations. Instead, it relied on vague and general assertions.
BCI’s Committee
BCI has already constituted a high-level committee, chaired by Mr. Cyril Shroff and comprising senior partners from leading law firms, including Mr. Ajay Bahl, Mr. Suhail Nathani, Mr. Sandip Bhagat, Mr. Mahesh Agarwal, and Mr. Amit Kapur, which has been tasked with reviewing the rules and incorporating feedback from stakeholders. All interested parties, including SILF, are welcome to make suggestions to the Committee or the BCI.
Conference in Mumbai
The BCI has proposed convening a national-level conference of Indian law firms in Mumbai this September 2025 to hear the concerns of all stakeholders, especially the smaller and emerging firms, thereby broadening the consultation process.
Monopoly of a Few Big Firms
The BCI noted that a small group of firms has monopolized corporate, transactional, and arbitration work in India and has stifled the growth of smaller law firms and talented young lawyers. The BCI, through these Regulations, wants to democratize access to cross-border legal work and dismantle the monopoly within the Indian legal services sector.
The BCI further noted that SILF had not held its elections in decades and is operating as an exclusive association and hence cannot claim representative status for all Indian law firms. The BCI is preparing a centralized registry of all law firms to establish a democratically elected pan-India organization for them, which will ensure regional representation in policy dialogues.
The BCI stated that “SILF has attempted to mischaracterize the Regulations by claiming that Indian legal practice is being compromised and has thus undermined the institutional integrity of a statutory regulatory authority under the Advocates Act, 1961.”
“The amended 2025 Regulations explicitly safeguard Indian legal sovereignty, placing stringent and well-defined limits on the scope of permissible activities by foreign lawyers and law firms.” – BCI
The BCI further stated that the core issue behind SILF’s opposition is that the foreign law firms may choose to work directly with smaller and medium Indian law firms or talented young lawyers instead of them.
-
The BCI stated that the Regulations in context of foreign lawyers and law firmsAre designed to dismantle monopolies, reduce gatekeeping by elite law firms, and democratize access to international opportunities.
-
Are featured to benefit younger and smaller law firms.
-
Safeguard Indian legal sovereignty and limit permissible activities
-
Strictly prohibits them from practicing Indian law in any form, prohibiting appearances in the Courts and tribunals (Rule 8(2)(b)).
-
Allows them to seek personal legal advice solely for their internal requirements, such as matters concerning office establishment, local lease agreements, employment contracts, and related Indian regulatory compliance, as clarified under Rule 9(iii), which is to be read in conjunction heading of Rule 9 and with Rule 8.
-
Requires them to secure a NOC from the Government of India before commencing any permitted activity, as laid out in Rule 4(a).
-
Limits the scope of permissions to non-litigious, advisory work relating to the laws of the foreign lawyer’s home jurisdiction, laws of other foreign jurisdictions, and international legal matters, including public and private international law and international legal instruments.
-
Prohibits indulging in conveyancing of property, title investigation, or similar work, and also drafting, preparing, or filing the documents before any Indian court or tribunal empowered to record evidence (Rule 8(2)(c)).
-
Authorizes them to participate in, represent, and advise clients in international commercial arbitration and other forms of ADR conducted in India, where the dispute involves foreign or international law or where at least one party is based outside India (Rule 8(2)(e)).
The BCI further noted that these rules were formulated after thorough legal vetting and with due regard to international best practices, keeping in mind India’s diplomatic interests and ensuring transparency, accountability, and compliance with Indian laws.
BCI’s Committee to invite opinion of all stake holders
The BCI has welcomed constructive dialogue but will not permit being misled by fear-mongering, misinformation, and the protection of personal interests of a few at the cost of many. Further, the subcommittee constituted by the BCI has invited comments on the points of reference outlined in its recent resolution dated 12-06-2025. The interested parties were requested to make submissions within 15 days by writing to bci.foreignlawfirm@gmail.com.
The BCI further stated that any individual or firm, Indian or foreign, directly or indirectly circumventing or violating the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 (as amended in 2025) will be subject to strict regulatory action including suspension or cancellation of registration, imposition of monetary penalties, forfeiture of the security deposit, debarment from future registration for a specified period, and where applicable, initiation of disciplinary or criminal proceedings under relevant Indian laws.
The BCI stated that the committee has been constituted to promote inclusive consultation and to incorporate wider professional feedback. The BCI further stated that its Regulations are validly in force, have not been stayed by any court, and are not under abeyance. They represent deliberate and lawful steps toward opening new, regulated opportunities for Indian lawyers in a globalized legal environment.
The BCI reiterated its commitment to ensure that every Indian lawyer and law firm is empowered, heard, and protected through this process.
