Entry of foreign lawyers: SC seeks views of state bar councils

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New Delhi, September 14

Can foreign lawyers be allowed to practise law in Indian courts? Faced with this question, the Bar Council of India (BCI) has written to State Bar Councils to spell out their respective stand on the contentious issue.

The question has arisen before the Delhi High Court where Daeyoung Jung—a South Korean national having a law degree from an Indian university — has sought permission to practise in India. He has challenged BCI’s 2020 decision declaring him ineligible to enrol as an advocate with the Bar Council of Delhi under the relevant provisions of the Advocates Act.

The Delhi High Court is expected to take up the matter on September 21.

The petitioner contended that an Indian national having a law degree from a Korean university was entitled to practise in South Korea and therefore, a Korean national having a law degree from an Indian university should be allowed to practise in India.

“The basis of reciprocity with any foreign Country is that an Indian Law Degree holder should be entitled to practice law in that Country and then similarly India could think of allowing that foreign national holding a foreign degree to practice law in India,” the letter said.

BCI apprehended that if he was enrolled as an advocate and engaged in professional misconduct, no action could be taken against him if he left India. It apprehended that such a move would pave the way for entry of foreign lawyers into the Indian Bar.