Aniruddha
Bar Council complains to NaMo about the entry of Foreign Law Firms
Aniruddha Choudhury 15 Nov 2016

Bar Council complains to NaMo about the entry of Foreign Law Firms

During a significant development on a matter which has been an issue of contention and much discussion amongst our nation’s legal fraternity- entry of the foreign law firms in India, BCI chairman Manan Kumar Mishra has given in writing to the Prime Minister Narendra Modi as well as Mr. Ravi Shankar Prasad Union Minister of Law and Justice saying that few Bureaucrats in law ministry and commerce ministry are to take over the functions of BCI by bringing in the foreign Law firms from the back door.

Apex Court is presently hearing appeals which deal with the ingress of foreign law companies in the country. Earlier there were two different judgments which were delivered by two different high courts in the country that deals with such issues. One was Bombay High Court Judgment and the other as Madras High Court Judgment. While Bombay High Court said that RBI was not at all justified in granting the permission to these foreign law firms to open the liaison office in the nation under section 29 of the Foreign Exchange Regulation Act, whereas Madras High Court observed that Bombay High Court rightly held that establishing liaison office in the country by Foreign Law Firm and then rendering the liaisoning activities in every form cannot be granted because these activities are opposed to different provisions of Advocates Act and BCI Rules.

This complain by Manan Kumar Mishra (BCI Chairman) to Prime Minister has not come as a surprise because earlier BCI had inhibited its own draft rules in front of all the stakeholders which consists of Ministry of Commerce, FICCI, THE Indian Corporate Counsel Association (ICCA), Law Secretary Suresh Chandra etc. during the month of September this year. This draft was circulated among all these stakeholders for suggestions.

 

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