A petition has been filed before the Delhi High Court challenging the decision of the Bar Council of India (BCI) to allow the entry of foreign law firms into India [Narendra Sharma and Ors v. Bar Council of India and Ors].The plea has been filed by a group of practicing lawyers and was listed for hearing today before a Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora.The Court adjourned the case to February 6, as counsel representing the BCI was not present.It asked the petitioners to serve the advance copy of the plea to the Secretary of the BCI.Advocates Narendra Sharma, Arvind Kumar Bajpai, Siddharth Srivastav, Ekta Mehta, Arvind Kumar, Sanjeev Sareen, Harish Kumar Sharma and Deepak Sharma have filed the plea challenging the notification issued by the BCI on March 10, 2023.It is their case that the BCI notification allows foreign lawyers to be registered in India and practice law in non-litigious matters, but the BCI does not have the authority or power under the Advocates Act, 1961 to do so. “Consequently, the impugned Notification is ultra vires the provisions of the Advocates Act and against the supreme court judgement in Bar Council of India vs AK Balaji & Ors,” the plea said.The plea contends that the legal profession cannot "be taken over by foreign market forces to defeat the ends of justice nor justice dispensation system be subjugated to such forces”.It argued that the BCI’s decision is also in violation of the ‘treaty of reciprocation’ as there is no reciprocity between India and other countries whose law firms will now be able to work in India and this will affect the young lawyers practising here.“Several Bar Associations, NGOs, associations of advocates, group of advocates and individual advocates are opposing opening of field to foreign law firms and foreign lawyers to get the registered under the Advocates Act, 1961 as an Advocate which makes them entitled to even appear in Courts, Arbitrators, Tribunals, quasi-judicial authorities, etc,” the plea said.It added,“Obviously, the Bar Council of India takes care about· the interests of the entire fraternity, however, in the present circumstances, the issuance of the impugned notification clearly reflects their mindset which would definitely going to harm the interests of young lawyers or the advocates who would not be able to compete establishment of foreign lawyers hence, it violates the competitive norms established under the competition law of India.”
TAGS: Delhi High Court Bar Council of India foreign law firms petition Advocates Act 1961 ultra vires
