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Bringing Foreign Law Firms into India: Conditions for Entry

13 June 2025 by
Bringing Foreign Law Firms into India: Conditions for Entry
Akansha Srivastava
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An intense protest took place in the winter of 2000, as 40,000 lawyers fought water cannons, tear gas, and lathi charges to prevent foreign law firms and lawyers from entering the Indian legal system.

It has been over a quarter century since the landscape changed dramatically. On May 14, 2025, the Bar Council of India (BCI) formally notified a set of rules that permit foreign law firms and lawyers to practice in India. Their role, however, is limited: they may only deal with non-litigious matters, limited to foreign and international law, and on a reciprocal basis.

A past steeped in resistance

The nationwide agitation 25 years ago was triggered by the Law Commission of India’s Working Paper, which proposed amendments to the Advocates Act, 1961, to allow foreign legal consultants to practice in India.

The Supreme Court later reinforced this sentiment in March 2018 when it ruled that foreign law firms and foreign lawyers could not practice law in the country either on the litigation or non-litigation side.

One of the central arguments then was reciprocity, given that Indian advocates were not allowed to practice in the U.K., U.S.A., Australia, and other foreign nations without complying with onerous restrictions such as qualifying tests, proof of experience, and work permits.

‘Encouraging global integration’- Experts Speaks

Haigreve Khaitan, Senior Partner at Khaitan & Co. called the move “a positive step”. He said, “This will result in increased knowledge sharing, innovation, and faster adoption of global best practices. Regulatory reforms must now ensure a level playing field.”

“The amendment’s spirit is to safeguard domestic litigation while encouraging global integration,” said Abhishek Prasad, founder of his eponymous chambers. It also creates new opportunities for Indian lawyers and law firms through the dual registration provision, which allows them to practice foreign and international law without relinquishing their right to practice Indian law, he added.

Shailendra Singh, partner at GNS Legal, added a pragmatic note: “The amended Rules do not specify if foreign lawyers are restricted in appearing in international arbitration only when the applicable law is Indian law, making it possible for them to appear so long as one of the parties is a foreign party.

There is no such thing as reciprocity

Former Bar Council of Delhi chairman K.C. Mittal raised questions about reciprocity. “The whole action is against the Advocates Act, as the same requires amendments in the basic Act. The claim of reciprocity is illusionary. Reciprocal means our law degree and enrolments certifies are recognized by them and any lawyer from India can go, appear and argue but it’s not so,” he said.

Mr. Khosla echoed these concerns. “So far, the BCI hasn’t specified which countries have extended reciprocal access to Indian lawyers. Other countries aren’t accepting us, yet we’re moving ahead — I don’t understand why,” he said.

Where the Future Is?

This decision by the BCI is undoubtedly historic — but it walks a tightrope. On one side lies the promise of global integration, knowledge exchange, and expanded legal markets. On the other, fears of losing domestic ground, ambiguity in arbitration, and a foundational concern: Has reciprocity truly been achieved?

For now, foreign law firms will work within a carefully drawn circle. But as history has shown, legal lines tend to shift — slowly, but surely.

Bringing Foreign Law Firms into India: Conditions for Entry
Akansha Srivastava 13 June 2025
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