Through the introduction of the Advocates (Amendment) Bill, 2025, the Central government proposes to give itself the power to frame rules regarding the entry of foreign law firms or foreign lawyers in India..The draft Bill that is in circulation for public comments adds a sub-clause to Section 49A of the Advocates Act that states:49A. Power of Central Government to make rules. ―(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act including rules with respect to any matter for which the Bar Council of India or a State Bar Council has power to make rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for......(cc) rules governing the entry of foreign law firms or foreign lawyers in India..The Bar Council of India (BCI), which regulates the legal profession, was earlier spearheading the proposed entry of foreign law firms. The Rules issued on March 10, 2023, called the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 allow foreign lawyers and law firms to practice foreign law in India on a reciprocity basis.However, several quarters of the Indian legal fraternity have expressed concerns with the Rules as they stand. Last year, a plea was filed before the Delhi High Court challenging the BCI's move.The petitioners contend 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. 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.In July, the BCI counsel told the High Court that "everything was getting stuck" because of the case. The Court had then posted the matter for September 2024, but the matter has not been heard since..Big law firms are afraid that smaller, younger firms will benefit from entry of foreign law firms: BCI Chairman Manan Kumar Mishra.Amidst these concerns, the BCI said it would release amended rules governing the entry of foreign law firms. For the time being, the Indian legal market will be opened only to lawyers and law firms in the United Kingdom (UK).With 2025 Amendment Bill, this power to frame rules will now lie with the Central government and not the BCI.
