Bar Council Of India Issues New Rules For Enrolment And Practice Of Foreign Nationals, 2025

Bar Council of India Issues New Rules for Enrolment and Practice of Foreign Nationals, 2025

On 04 November 2025, the Bar Council of India (BCI) notified the BCI Rules on Enrolment and Practice of Foreign Nationals, 2025, establishing a comprehensive regulatory framework governing the enrolment and practice rights of foreign lawyers in India. The Rules aim to balance cross-border legal practice with the statutory protections available to Indian advocates under the Advocates Act, 1961.

Key Highlights of the BCI Rules, 2025

1. Objective of the Rules:
   The Rules introduce a structured regime for foreign nationals seeking to practice law in India while safeguarding the statutory rights of Indian advocates.
2. Applicability:
   These Rules apply to foreign nationals who:
   – Seek permission to practice in India; or
   – Hold a law degree from an Indian or foreign institution.
3. Reciprocity Requirement:
   Enrolment is strictly based on reciprocity. Only those foreign nationals whose home jurisdictions allow Indian advocates to practice law will be eligible. BCI’s decision on reciprocity will be final and binding.
4. List of Reciprocal Countries:
   A formal list of reciprocal jurisdictions will be issued by the BCI in consultation with the Ministry of External Affairs.
5. Scope of Practice:
   Foreign nationals with Indian law degrees may engage solely in non-litigious legal work such as advisory, consultancy, transactional matters, drafting, and documentation. They are prohibited from appearing before courts, tribunals, or quasi-judicial bodies.
   
   Foreign nationals with foreign law degrees cannot practice Indian law but may practise foreign law, international law, and international commercial arbitration under the BCI Rules for Foreign Lawyers and Law Firms, 2022.
   
   Courts may still permit appearance in specific cases under Section 32 of the Advocates Act, 1961.
6. Restrictions on Foreign Lawyers:
   Foreign lawyers registered under these Rules:
   – Cannot become members of any State Bar Council or the BCI;
   – Cannot vote in Bar Association elections or hold office positions;
   – Will receive a unique enrolment number in the format: FNR/State Code/Year/Serial Number;
   – Are ineligible for welfare schemes, legal aid empanelment, or government panels unless specially authorised.
7. Visa and Work Permit Requirement:
   A valid visa or work permit explicitly authorising legal practice is mandatory. Practising without proper authorisation will constitute professional misconduct and violate immigration laws.
8. Professional & Disciplinary Standards:
   Foreign nationals will be governed by the same professional conduct rules applicable to Indian advocates. Any breach will amount to misconduct under the Advocates Act, 1961.
9. Suspension or Cancellation of Registration:
   Registration may be suspended or cancelled if:
   – Reciprocity is withdrawn;
   – Visa or work permit expires or is revoked;
   – Fraud or misrepresentation is detected;
   – Directed by the Central Government in the interests of national security or public order.
10. Protection of Indian Advocates:
    The Rules reinforce the exclusive right of advocates enrolled in India to appear before courts, as mandated under Sections 29, 30, and 33 of the Advocates Act, 1961.

Conclusion

The BCI Rules on Enrolment and Practice of Foreign Nationals, 2025 establish a reciprocity-driven, compliance-focused structure that enables regulated participation of foreign lawyers in India while safeguarding the statutory rights of the domestic legal profession. By setting clear boundaries on practice areas and imposing strict professional standards, the Rules aim to balance global integration with protection of India’s legal ecosystem.

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