Delhi High Court has ruled that the Bar Council of India (BCI) and State Bar Councils do not have the authority to debar foreign citizens from practicing law in India if they are otherwise qualified.

The court held that foreign nationals can be enrolled as advocates in India if Indian citizens are allowed to practice law in the foreign country where the foreign national hails from. The court stated that the Advocates Act, 1961 does not completely exclude foreign nationals from enrollment and that there is a provision in the Act that creates an exception for foreigners who meet the necessary qualifications.

The court emphasized that this exception is subject to the condition that Indian citizens are allowed to practice law in the foreign country and no discriminatory measures are adopted against them.

The court also clarified that the power to identify countries that prevent Indian citizens from practicing law and impose restrictions on their nationals practicing law in India lies with the Union Government.

The court's judgment came in response to a case involving a Korean national, Daeyoung Jung, who had applied for enrollment as an advocate with the Bar Council of Delhi. The court directed the BCI to process Jung's application for enrollment, setting aside the BCI's previous decision.