Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025
Bar Council of India has notified Rules on Enrolment and Practice of Foreign Nationals as advocates in India. Under the rules, Foreign Advocate will not eligible to appearance before any court, tribunal, authority or quasi-judicial body in India.
The Bar Council of India has notified Rules on Enrolment and Practice of Foreign Nationals 2025. These 2025 rules shall apply to nationals of countries other than India who seek permission to practice law in India, whether by virtue of holding a law degree from a University in India or from any foreign University
Reciprocity Requirements:
For a Foreign National shall be given enrolment by Bar Council of Indian on compliance of the following reciprocity requirements
(1) A foreign national shall be considered for enrolment under these rules only if duly qualified citizens of India are permitted to practice law in that foreign national’s country on substantially equivalent and reciprocal terms.
(2) The Bar Council of India shall determine and publish, from time to time, the list of reciprocal jurisdictions, after consultation with and on the advice of the Ministry of External Affairs of the Government of India.
(3) The decision of the Bar Council of India in this regard, based on such consultation and advise, shall be final and binding.
Scope of Practice:
(1) A foreign national who has obtained a recognised law degree from a University in India shall be eligible to be registered only for non-litigious practice of Indian law, which shall include advisory, consultancy, documentation and transactional work. Such foreign national shall have no right of audience or appearance before any court, tribunal, authority or quasi-judicial body in India.
(2) A foreign national who has not obtained a law degree from a University in India shall not be permitted to practise Indian law. Such a person may only practise in matters concerning foreign law, international law and international commercial arbitration, in accordance with the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, as amended in 2025, provided that such practice shall not extend to rendering any opinion on Indian law.
(3) Nothing in these rules shall restrict the discretionary power of a court under Section 32 of the Advocates Act, 1961 to permit a non-advocate to appear in a specific matter on a case-by-case basis.
Restrictions:
The Rules provide that a foreign national registered under these rules shall not be entitled to:-
(a) be a member of any State Bar Council or the Bar Council of India.
(b) be a member of the general body of any Bar Association or cast a vote in any Bar Association election
(c) contest for or hold any office-bearer position in any Bar Association or Bar Council.
(d) represent any Bar Association, Bar Council, or other collective body of advocates in any capacity whatsoever.
(e) The State Bar Council shall issue a distinct enrolment number to every foreign national registered under these rules that is clearly differentiated from the regular enrolment numbers allotted to advocates enrolled in India.
Also, a foreign national registered under these rules shall not be eligible:-
(a) to be empanelled for legal aid, government panels, or any public office requiring advocate empanelment
(b) to appear for or be nominated to the judiciary or judicial services, or to sit for any competitive examination for judicial or other legal services, unless expressly permitted by the Central Government or the concerned State Government, as the case may be.
(c) to receive any financial aid, welfare benefits, or schemes administered by any Bar Association, State Bar Council, or the Bar Council of India, unless specifically authorised by the Bar Council of India with prior approval of the Central Government.
Visa and Work Authorisation:
No foreign national shall be entitled to practise law in India under these rules unless he or she holds a valid visa or work permit expressly authorising such professional activity, issued by the Ministry of Home Affairs of the Government of India.
Professional Conduct and Discipline:
(1) Every foreign national registered under these rules shall be subject to the same professional standards, rules of conduct and etiquette as are applicable to advocates enrolled under the Advocates Act, 1961.
(2) Such foreign national shall be subject to the disciplinary jurisdiction of the State Bar Council and the Bar Council of India under Sections 35 and 36 of the Advocates Act, 1961, in the same manner as an advocate enrolled in India.
(3) Any breach of professional conduct, violation of these rules, or practice without valid visa or work authorisation shall constitute professional misconduct.
Suspension and Cancellation
The Bar Council of India may suspend or cancel the registration of a foreign national under these rules in any of the following circumstances:-
(a) If reciprocity with the home country ceases to exist
(b) If the visa or work authorisation lapses, is revoked or is found to be invalid
(c) If the foreign national is found guilty of professional misconduct or violation of these rules as per provisions of the Advocates Act, 1961 and Rules and Resolutions of the Bar Council of India.
(d) If enrolment has been obtained by misrepresentation, suppression or fraud, action may be taken as per provisions of the Advocates Act, 1961 and Rules and Resolutions of the Bar Council of India.,
(e) If directed by the Central Government on grounds of public interest, national security, or foreign policy concerns.
Saving of Rights of Indian Advocates
Nothing in these rules shall be construed to dilute, restrict or affect in any manner the rights, privileges and interests of advocates enrolled under the Advocates Act, 1961. The exclusive right of audience before courts, tribunals and authorities in India shall remain vested in such advocates, in accordance with Sections 29, 30 and 33 of the Advocates Act, 1961
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