Delhi HC to Hear Petition Challenging BCI Decision Allowing Entry of Foreign Law Firms and Lawyers in India

Delhi HC to Hear Petition Challenging BCI Decision Allowing Entry of Foreign Law Firms and Lawyers in India

A petition has been initiated in the Delhi High Court challenging a notification issued earlier by the Bar Council of India (BCI) that granted permission for the entry of foreign law firms and lawyers into the legal landscape of India.

The case was scheduled for consideration before a division bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora. However, the hearing was adjourned to February 6 since the legal counsel representing the lawyers' body was not in attendance.

Several lawyers, including Advocates Narendra Sharma, Arvind Kumar Bajpai, Siddharth Srivastav, Ekta Mehta, Arvind Kumar, Sanjeev Sareen, Harish Kumar Sharma, and Deepak Sharma, who are enrolled with the Bar Council of Delhi (BCD), have collectively filed the petition.

The court has directed the petitioners to provide a copy of the petition to the Secretary of the Bar Council of India (BCI). The petition challenges the BCI's notification from March 10 of the previous year, contending that it exceeds the legal authority outlined in the Advocates Act of 1961, as amended from time to time.

Additionally, the petition aims to restrain both the Bar Council of India (BCI) and the Union Government from enforcing and executing the contested notification. The plea also seeks to prevent any foreign law firms or lawyers, if registered, from establishing offices and practicing in India. The petitioners argue that the BCI lacks the authority under the Advocates Act to permit the entry of foreign lawyers or law firms into India and recognize them as advocates, as defined in Sections 29, 30, and 33 of the Act.

The petition asserts that foreign lawyers and law firms do not have the entitlement to be enrolled as advocates under the Advocates Act. Furthermore, it contends that their names cannot be included on the roll of advocates, which is prepared and maintained by State Bar Councils.

Title: NARENDRA SHARMA AND ORS. v. BAR COUNCIL OF INDIA AND ORS

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