Decades of deadlock over access to India’s legal services market could be reaching an end following a breakthrough announcement by the country’s legal regulator today. Announcing that the ’time has come to take a call on the issue’, the Bar Council of India published rules allowing foreign lawyers and firms to practise foreign law in the country ‘on a reciprocity basis’. 

The move follows years of campaigning by the Law Society of England and Wales, which welcomed the ‘historic decision’. Society president Lubna Shuja, said: ’We were pleased to meet and discuss this issue with the Bar Council of India (BCI) and the Law Secretary of India recently. The Bar Council of India’s decision is a significant step forward in this long-standing issue and will create huge opportunities for solicitors and Indian advocates in both countries. It will also give a boost to India’s wider economic ambitions.’

India has long held out as one of the last major global economies to restrict legal practice to its own citizens. The UK Department for International Trade reported in 2021 that legal services was second only to rail freight transport in the extent to which it is closed to non-Indian businesses. Law Society initiatives to open the market date back at least to 2010. However signs of a change have emerged in recent years: in 2018 the Indian Supreme Court ruled in favour of foreign firms offering ’fly in’ services. Last year, global firm Dentons announced the first combination between a foreign and Indian firm. 

Announcing its new Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, the BCI stated:

’Time has come to take a call on the issue. Bar Council of India is of the view that opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in non litigious matters and in international arbitration cases would go a long way in helping legal profession/domain grow in India to the benefit of lawyers in India too.’

The BCI has also concluded that India is not likely to suffer any disadvantage if legal practice is opened up ’in a restricted, well-controlled and regulated manner’.

Rupa Lakha, partner at City firm Charles Russell Speechlys, described the announcement as ’a hugely exciting development’ opening a definite path forward for foreign lawyers. ’Having just completed a visit, I know there is great opportunity for UK lawyers to collaborate with Indian counsel and this latest news has just brought us all one step closer to achieving great things. It also has broader significance in terms of moving forward the UK/India trade partnership.’

Shuja added:  ’We have long campaigned for this historic opening up of India’s legal services sector to foreign law firms. We thank the Bar Council of India and the Indian Ministry of Law and Justice for our constructive and productive discussions on the issue, including during our visit to Delhi last week. 

’We look forward to engaging further on the implementation of the regulations, based on reciprocity of access, and on further initiatives to foster collaboration, cooperation and joint practice between Indian advocates and solicitors.’