Indian Law: PIL against Foreign Law Firms Practicing in India
Mon, 08/16/2010 - 07:30 — LIG Reporter
Public interest litigation is an integral part of Indian law and its legal system. In August 2010, the Central Government informed the Madras High Court that it has decided to introduce new rules to form a regulatory authority to streamline the operations of law firms in India.
Mr. M. Ravindran, additional solicitor-general and a senior advocate from South India, made this submission, in response to a Public Interest Litigation (PIL). The PIL demanded the restriction of foreign law firms from functioning in India. This PIL was filed by Advocate A.K Balaji.
Indian Law: Public Interest Petition Slams Foreign Law Firms in India
The PIL alleged that the foreign law firms try to exploit the growing Indian market. Further, the Indian laws do not permit any non-Indian lawyer or law firm to practice in the country. Section 24(1) (c) of the Advocates Act provides that a lawyer can only practice in India, if he is an Indian citizen and holds a degree of an Indian institute, recognized by the Bar Council of India (BCI).
Further, Balaji had listed nearly 40 law firms, of various countries, operating in India. He alleged that these law firms carried out an unethical and illegal practice of soliciting legal affairs and advertising on the web. Also, they were undertaking chamber-practice.
Indian Law: PIL Demands Restriction on Foreign Law Firms in India
Balaji sought that in accordance with the Indian law on the Advocates Act, the restriction on foreign law firms should not be limited to courtroom arguments, and must span all forms of law practice. He stated that these firms should be barred from conducting legal practice in any discipline of law or non-litigative commercial transactions in India.
He pointed out that Indian law firms and lawyers who want to practice in England have to clear several qualifying tests. Further, there is no assurance that they would obtain work permit, even after clearing all the tests. The PIL advocate stated that only lawyers and law firms from those countries that offer similar opportunity to Indian lawyers and law firms should be entitled to practice in India.
Mr. M. Ravindran said that before finalizing the rules to regulate or restrict the functioning of foreign law firms, the government of India wants to form a regulatory authority to systematize the functioning of law firms that is operated by Indian lawyers.
The Division Bench comprising of Justice Elipe Dharma Rao and Justice K.K. Sasidharan issued a notice to the Central Government. Further, the matter was adjourned till August 19, 2010.
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