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The Bar Council of India has notified the Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025, to regulate the practice of law by foreign nationals in India.

Detailed Summary

The Bar Council of India issued the "Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025" via Notification F. No. BCI:D: 7842/2025, dated New Delhi, the 4th November, 2025. These rules, which apply to non-Indian nationals seeking to practice law in India with either Indian or foreign law degrees, will come into force on a date to be notified by the Bar Council of India. Enrolment is subject to a reciprocity requirement, mandating that Indian citizens must be permitted to practice law in the foreign national's home country on substantially equivalent terms, a determination to be made and published by the Bar Council of India after consultation with the Ministry of External Affairs of the Government of India. The scope of practice for registered foreign nationals is highly restricted: those with an Indian law degree may only engage in non-litigious practice of Indian law, including advisory, consultancy, documentation, and transactional work, without any right of audience before Indian courts or tribunals. Foreign nationals without an Indian law degree are prohibited from practicing Indian law and may only practice foreign law, international law, and international commercial arbitration, in accordance with the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 (as amended in 2025), provided they do not render opinions on Indian law. These rules do not limit a court's discretionary power under Section 32 of the Advocates Act, 1961. Registered foreign nationals are ineligible for membership in any State Bar Council or the Bar Council of India, cannot vote or hold office in Bar Associations, and are generally excluded from financial aid, legal aid panels, government panels, or judicial services unless specifically authorized. State Bar Councils are mandated to issue distinct enrolment numbers (e.g., FNR/DEL/2025/001), and enrolment certificates must explicitly state the limitations on practice. Furthermore, a valid visa or work permit issued by the Ministry of Home Affairs of the Government of India, expressly authorizing professional activity, is compulsory; practicing without such authorization constitutes professional misconduct and an immigration law violation. Foreign nationals are subject to the same professional standards and disciplinary jurisdiction under Sections 35 and 36 of the Advocates Act, 1961. Registration can be suspended or cancelled if reciprocity ceases, the visa/work authorization is invalid, due to professional misconduct, fraud, or upon direction from the Central Government on public interest, national security, or foreign policy grounds. The rules explicitly safeguard the rights, privileges, and interests of advocates enrolled under the Advocates Act, 1961, preserving their exclusive right of audience in Indian courts, tribunals, and authorities as per Sections 29, 30, and 33 of the said Act.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-14112025-267672 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 737] NEW DELHI, FRIDAY, NOVEMBER 14, 2025/KARTIKA 23, 1947 7607 GI/2025 (1) BAR COUNCIL OF INDIA NOTIFICATION New Delhi, the 4th November, 2025 F. No. No. BCI:D: 7842/2025.— Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025 1. Short Title and Commencement (1) These rules may be called the Bar Council of India Rules on Enrolment and Practice of Foreign Nationals, 2025. (2) They shall come into force on such date as may be notified by the Bar Council of India. 2. Application of the Rules These rules shall apply to nationals of countries other than India who seek permission to practice law in India, whether by virtue of holding a law degree from a University in India or from any foreign University. 3. Reciprocity Requirement (1) A foreign national shall be considered for enrolment under these rules only if duly qualified citizens of India are permitted to practice law in that foreign national’s country on substantially equivalent and reciprocal terms. (2) The Bar Council of India shall determine and publish, from time to time, the list of reciprocal jurisdictions, after consultation with and on the advice of the Ministry of External Affairs of the Government of India. (3) The decision of the Bar Council of India in this regard, based on such consultation and advise, shall be final and binding. 4. Scope of Practice (1) A foreign national who has obtained a recognised law degree from a University in India shall be eligible to be registered only for non-litigious practice of Indian law, which shall include advisory, consultancy, documentation and transactional work. Such foreign national shall have no right of audience or appearance before any court, tribunal, authority or quasi-judicial body in India. (2) A foreign national who has not obtained a law degree from a University in India shall not be permitted to practise Indian law. Such a person may only practise in matters concerning foreign law, international law and international commercial arbitration, in accordance with the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, as amended in 2025, provided that such practice shall not extend to rendering any opinion on Indian law. (3) Nothing in these rules shall restrict the discretionary power of a court under Section 32 of the Advocates Act, 1961 to permit a non-advocate to appear in a specific matter on a case-by-case basis. 5. Restrictions on Membership, Representation, and Other Entitlements A foreign national registered under these rules shall not be entitled to:- (a) be a member of any State Bar Council or the Bar Council of India. (b) be a member of the general body of any Bar Association or cast a vote in any Bar Association election (c) contest for or hold any office-bearer position in any Bar Association or Bar Council. (d) represent any Bar Association, Bar Council, or other collective body of advocates in any capacity whatsoever. (e) The State Bar Council shall issue a distinct enrolment number to every foreign national registered under these rules that is clearly differentiated from the regular enrolment numbers allotted to advocates enrolled in India. The distinct enrolment number shall be in the following format: "FNR/State Code/Year/Serial Number" (Example: FNR/DEL/2025/001) where “FNR" denotes Foreign National Registration, "State Code” denotes the code assigned to the respective State Bar Council, "Year" represents the year of registration, and "Serial Number" denotes the sequential number of registration issued in that year. The enrolment certificate issued under this rule shall expressly state that it authorizes the holder to engage only in non-litigious practice of law in India, limited to advisory, consultancy, documentation and transactional work, and does not confer any right of audience or appearance before any court, tribunal, authority or other forum in India. The certificate shall also bear a clear and conspicuous note to the effect that the holder is not entitled to appear, plead, act, or represent any person in any judicial or quasi-judicial proceeding, nor to give evidence or make submissions on oath in any capacity as an advocate before any Indian court, tribunal, or authority. (2) A foreign national registered under these rules shall not be eligible to receive any financial aid, welfare benefits, or schemes administered by any Bar Association, State Bar Council, or the Bar Council of India, unless specifically authorised by the Bar Council of India with prior approval of the Central Government. (3) A foreign national registered under these rules shall not be eligible:- (a) to be empanelled for legal aid, government panels, or any public office requiring advocate empanelment (b) to appear for or be nominated to the judiciary or judicial services, or to sit for any competitive examination for judicial or other legal services, unless expressly permitted by the Central Government or the concerned State Government, as the case may be. 6. Visa and Work Authorisation (1) No foreign national shall be entitled to practise law in India under these rules unless he or she holds a valid visa or work permit expressly authorising such professional activity, issued by the Ministry of Home Affairs of the Government of India. (2) The terms and conditions of such visa or work permit shall be binding upon the enrolment granted under these rules, and any contravention thereof shall render the registration liable to immediate suspension or cancellation. (3) Practising law without such valid visa or work authorisation shall constitute professional misconduct in addition to constituting a violation of immigration law. 7. Professional Conduct and Discipline (1) Every foreign national registered under these rules shall be subject to the same professional standards, rules of conduct and etiquette as are applicable to advocates enrolled under the Advocates Act, 1961. (2) Such foreign national shall be subject to the disciplinary jurisdiction of the State Bar Council and the Bar Council of India under Sections 35 and 36 of the Advocates Act, 1961, in the same manner as an advocate enrolled in India. (3) Any breach of professional conduct, violation of these rules, or practice without valid visa or work authorisation shall constitute professional misconduct. 8. Suspension and Cancellation The Bar Council of India may suspend or cancel the registration of a foreign national under these rules in any of the following circumstances:- (a) If reciprocity with the home country ceases to exist (b) If the visa or work authorisation lapses, is revoked or is found to be invalid (c) If the foreign national is found guilty of professional misconduct or violation of these rules as per provisions of the Advocates Act, 1961 and Rules and Resolutions of the Bar Council of India. (d) If enrolment has been obtained by misrepresentation, suppression or fraud, action may be taken as per provisions of the Advocates Act, 1961 and Rules and Resolutions of the Bar Council of India., (e) If directed by the Central Government on grounds of public interest, national security, or foreign policy concerns. 9. Saving of Rights of Indian Advocates Nothing in these rules shall be construed to dilute, restrict or affect in any manner the rights, privileges and interests of advocates enrolled under the Advocates Act, 1961. The exclusive right of audience before courts, tribunals and authorities in India shall remain vested in such advocates, in accordance with Sections 29, 30 and 33 of the Advocates Act, 1961. Explanation: For the purposes of these rules, "foreign law” shall mean the law of all jurisdictions other than India. A foreign national enrolled under these rules shall have the same rights and limitations as an advocate enrolled in India to practise foreign law, international law, and international commercial arbitration, as provided under the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 (as amended in 2025). Such foreign national shall not, by virtue of citizenship of another country, claim any automatic right to practise the law of his or her home country in that country, unless such country independently permits the individual to do so under its own laws SRIMANTO SEN, Principal Secy. [ADVT.-III/4/Exty./473/2025-26] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH YADAVA Date: 2025.11.14 16:43:03 +05'30'

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