On 04-11-2025, Bar Council of India (‘BCI’) passed BCI Rules on Enrolment and Practice of Foreign Nationals, 2025, introducing a framework governing the enrolment and practice of foreign lawyers in India.
Key Takeaways of BCI Rules for Foreign Lawyers:
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These Rules aim to regulate cross-border legal practice while safeguarding the rights of Indian advocates.
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These Rules will be applicable to:
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Foreign Nationals seeking permission to practice law in India.
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Foreign nationals holding a law degree from an Indian institution or a foreign institution.
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Enrolment is conditional on reciprocity, only those foreign nationals will be enrolled if Indian citizens are permitted to practice law in the applicant’s home country.
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The BCI, in consultation with the Ministry of External Affairs, will publish a list of reciprocal jurisdictions. Decisions of the BCI in this regard are final and binding.
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Scope of Practice:
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Foreign nationals with an Indian law degree will be for non-litigious practice only, including advisory, consultancy, documentation, and transactional work. They cannot appear before any court, tribunal, or quasi-judicial body.
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Foreign nationals with foreign law degree will not be permitted to practice Indian law. They can practice foreign law, international law, and international commercial arbitration under the BCI Rules for Foreign Lawyers and Law Firms, 2022, but cannot render opinions on Indian law.
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Courts retain discretionary power under Section 32 of the Advocates Act, 1961 to permit appearances in specific cases.
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Foreign Lawyers registered under these Rules:
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Cannot become members of any State Bar Council or the BCI.
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Cannot vote in Bar Association elections or hold office-bearer positions.
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Will receive a distinct enrolment number in the format: FNR/State Code/Year/Serial Number.
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Are not eligible for financial aid, welfare benefits, or empanelment for legal aid or government panels unless specifically authorised.
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A valid visa or work permit expressly authorising legal practice is mandatory. Foreign Lawyers practising without such authorisation constitutes professional misconduct and a violation of immigration law.
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Foreign nationals will be subject to the same professional standards and disciplinary jurisdiction as Indian advocates under the Advocates Act, 1961. Any breach will amount to professional misconduct Breach of conduct or violation of rules amounts to professional misconduct.
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Registration of Foreign Lawyers will be suspended or cancelled if:
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Reciprocity ceases.
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Visa/work permit lapses or is revoked.
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Misrepresentation or fraud is detected.
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Directed by the Central Government for public interest or national security.
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The Rules safeguard the rights of Indian advocates under Sections 29, 30, and 33 of the Advocates Act, 1961. The exclusive right of audience before courts remain with advocates enrolled in India.