India opens legal gates to foreign lawyers and firms, but with guardrails

The Bar Council of India (BCI) notified on Wednesday a set of rules permitting foreign lawyers and law firms to practice in the country, albeit within a tightly regulated framework. Published in the official gazette dated May 13, 2025, the amended regulations mark a turning point in India’s long-held stance on the insularity of its legal profession.

The new rules, amending the 2022 framework, allow foreign legal professionals to register with the Bar Council of India, under clearly defined clauses, to engage in non-litigious legal practice involving foreign law, international arbitration, and international legal issues. However, it emphatically bars them from appearing before Indian courts or participating in Indian legal matters unless specifically authorised.

As per the notification, “foreign legal practitioners or law firms shall not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities in India unless specifically permitted under the Advocates Act, 1961.” Instead, their scope is confined to areas such as international commercial arbitration, legal documentation, contract drafting, and advising clients on foreign and international law matters.

The policy stems from a broader recognition: that globalisation of legal services is not only inevitable but can be mutually beneficial. The Bar Council notes that international cross-border legal practice has become a defining reality of modern jurisprudence, and “India cannot remain isolated in a world that is increasingly interconnected”.

To that end, the rules provide for “Fly In and Fly Out” provisions, allowing foreign lawyers to offer advice to clients temporarily—provided it does not amount to regular practice or violate existing legal norms. The Bar Council makes it clear: this window is not a loophole, and any such visits must be limited, with the nature and duration to be monitored.

The document is explicit in defending Indian sovereignty in judicial affairs: while permitting cross-border engagement, it underscores that these allowances are not a backdoor for foreign lawyers to bypass Indian regulatory authority. “This reform, while expanding the possibilities for collaboration, remains firmly anchored in the principles of reciprocity, ethical practice, and jurisdictional compliance,” the Council states.

Significantly, the move comes after extensive deliberations with stakeholders, including governmental representatives, the Law Ministry, and counterparts in the United Kingdom. Both the BCI and the Law Society of England and Wales had earlier signed a joint statement of intent on enabling lawyer exchanges—a precursor to this formal framework.

According to the notification, any foreign law firm seeking to operate in India must now undergo a formal registration process and conform to the eligibility criteria laid out by the Bar Council. Additionally, Indian law firms and advocates can expect reciprocal access to jurisdictions abroad, subject to similar criteria.

The rules clarify that “no foreign lawyer or firm shall be entitled to practice Indian law,” but they can render advice related to home jurisdiction or international legal regimes in “non-litigious” areas. The Council stresses that the objective is to "augment India's legal landscape with knowledge, expertise, and economic opportunity"—without ceding judicial ground. For domestic lawyers, the new norms open a channel for upskilling and potential international collaboration. For global legal firms, it offers a structured gateway into one of the world’s fastest-growing markets.

“The rules have been in the works for a long time, and the notification dispels any uncertainties about the direction of the Indian legal market. While the actual impact of the new rules will be felt in the days and months to come, JSA welcomes any initiative of the Government that deepens and strengthens the Indian legal market’s ability to offer sophisticated legal advice to domestic and international clients doing business in India and globally,” said Vivek K Chandy, Joint Managing Partner, JSA Advocates & Solicitors.